GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-315
AN ACT TO ALLOW CIVILIANS THE SAME RIGHT AS MILITARY PERSONNEL TO REGISTER TO VOTE BY FAX.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 163-82.6 reads as rewritten:
"§ 163-82.6. Acceptance of application forms.
(a) How the Form May Be
Submitted. - The county board of elections shall accept any form described in
G.S. 163-82.3 if the applicant submits the form by mailmail, facsimile
transmission, or in person. The applicant may delegate the submission of
the form to another person. Any person who communicates to an applicant
acceptance of that delegation shall deliver that form so that it is received by
the appropriate county board of elections in time to satisfy the registration
deadline in subdivision (1) or (2) of subsection (c) of this section for the
next election. It shall be a Class 2 misdemeanor for any person to communicate
to the applicant acceptance of that delegation and then fail to make a good
faith effort to deliver the form so that it is received by the county board of
elections in time to satisfy the registration deadline in subdivision (1) or
(2) of subsection (c) of this section for the next election. It shall be an
affirmative defense to a charge of failing to make a good faith effort to
deliver a delegated form by the registration deadline that the delegatee
informed the applicant that the form would not likely be delivered in time for
the applicant to vote in the next election. It shall be a Class 2 misdemeanor
for any person to sell or attempt to sell a completed voter registration form
or to condition its delivery upon payment.
(b) Signature. - The form shall be valid only if signed by the applicant.
(c) Registration Deadlines for an Election. - In order to be valid for an election, the form:
(1) If submitted by mail, must be postmarked at least 25 days before the election, except that any mailed application on which the postmark is missing or unclear is validly submitted if received in the mail not later than 20 days before the election,
(2) If submitted in person,
person or by facsimile transmission, must be received by the county
board of elections by 5:00 p.m. on the twenty-fifth day before the election,
(3) If submitted through a delegatee who violates the duty set forth in subsection (a) of this section, must be signed by the applicant and given to the delegatee not later than 25 days before the election, except as provided in subsection (d) of this section.
(c1) If the application is submitted by facsimile transmission, a permanent copy of the completed, signed form shall be delivered to the county board no later than 20 days before the election.
(d) Instances When Person May Register and Vote on Election Day. - If a person has become qualified to register and vote between the twenty-fifth day before an election and election-day, then that person may apply to register on election day by submitting an application form described in G.S. 163-82.3(a) or (b) to:
(1) A member of the county board of elections;
(2) The county director of elections; or
(3) The chief judge or a judge of the precinct in which the person is eligible to vote,
and, if the application is approved, that person may vote the same day. The official in subdivisions (1) through (3) of this subsection to whom the application is submitted shall decide whether the applicant is eligible to vote. The applicant shall present to the official written or documentary evidence that the applicant is the person he represents himself to be. The official, if in doubt as to the right of the applicant to register, may require other evidence satisfactory to that official as to the applicant's qualifications. If the official determines that the person is eligible, the person shall be permitted to vote in the election and the county board shall add the person's name to the list of registered voters. If the official denies the application, the person shall be permitted to vote a challenged ballot under the provisions of G.S. 163-88.1, and may appeal the denial to the full county board of elections. The State Board of Elections shall promulgate rules for the county boards of elections to follow in hearing appeals for denial of election-day applications to register. No person shall be permitted to register on the day of a second primary unless he shall have become qualified to register and vote between the date of the first primary and the date of the succeeding second primary.
(e) For purposes of subsection (d) of this section, persons who "become qualified to register and vote" during a time period:
(1) Include those who during that time period are naturalized as citizens of the United States or who are restored to citizenship after a conviction of a felony; but
(2) Do not include persons who reach the age of 18 during that time period, if those persons were eligible to register while 17 years old during an earlier period."
SECTION 2. This act becomes effective January 1, 2002.
In the General Assembly read three times and ratified this the 19th day of July, 2001.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 12:25 p.m. this 28th day of July, 2001