NCEIT Suggestions to Fix the Deficiencies to Election Law Changes H958 PCS
- Oct 23, 2025
- 17 min read
Updated: Feb 15
NCEIT SUGGESTIONS for Changes to H 958 PCS are in red
1. CONTRIBUTIONS BY FOREIGN NATIONALS - SECTION 5.3.(a) G.S. 163-278.6, (52 is amended by adding a new subdivision to read: (H 958 page 19)
The term "foreign national" means any of the following:
a. An individual who is not a citizen or lawful permanent resident of the 21 United States.
b. A government of a foreign country, or any political subdivision thereof.
c. A foreign political party.
d. Any person that is organized under the law of, or has its principal place of business in, a foreign country.
e. Any person organized and operating in the United States that is wholly or majority owned by a foreign national or combination of foreign nationals unless both of the following apply:
1. Any contribution or expenditure the person lawfully makes derives entirely from funds generated by operations in the United States.
2. All decisions concerning the contribution or expenditure are made by individuals who are United States citizens or lawful permanent residents, except for setting overall budget amounts."
SECTION 5.3.(g) G.S. 163-278.19A reads as rewritten: "§ 163-278.19A. Contributions allowed.
Notwithstanding any other provision of this Chapter, Except as provided in G.S.163-278.19C, it is lawful for any person as defined in G.S. 163-278.6(72) to contribute to a referendum committee." (H 958 page 23)
2. OVERSEAS VOTER’S REGISTRATION ADDRESS
G. S. 163-258.5 Overseas voter’s registration address and proof of citizenship (H 958 page 16)
In registering to vote an overseas voter who is eligible to vote in this State shall use and shall be assigned to the precinct of the address of the last place of residence of the voter on their passport or driver’s license in this State. If the address on the passport or driver’s license is no longer a recognized verifiable address, the voter shall be assigned an the voting address for voting purposes of the County Board of Elections office reflecting the county in which they last lived.
SECTION 4.2.(b) G.S. 163-258.5 reads as rewritten:§ 163-258.5. Overseas voter's registration address and proof of citizenship.
In registering to vote, an overseas voter who is eligible to vote in this State shall use and shall be assigned to the precinct of the address of the last place of residence of the voter in this State, or, in the case of a voter described by G.S. 163-258.2(1)e., the address of the last place of residence in this State of the parent or legal guardian of the voter. The address shall be verified with a driver’s licenses or by checking state databases including those at the SBE, DMV, DHHS and Department of Revenue. If the address of the last place of residence is no longer a recognized verifiable address, the voter shall be assigned an a voting address for voting purposes of the County Board of Elections office reflecting the county in which they last resided. UOCAVA voters must also include a copy of their passport as proof of citizenship.
3. VOTER REGISTRATION, VOTER REGISTRATION APPLICATION, & VERIFICATION OF IDENTITY & ADDRESS
§ 163-82.1. General principles of voter registration.
(a) Prerequisite to Voting - No person shall be permitted to vote who has not been registered under the provisions of this Article or registered as previously provided by law.
(b) County Board's Duty to Register - A county board of elections shall register, in accordance with this Article, every person qualified as defined in § 163 - 55 to vote in that county who makes completes an application and whose identity and address have been verified in accordance with this Article.
(c) Permanent Registration - Every person registered to vote by a county board of elections in accordance with this Article shall remain registered until:
(1) The registrant requests in writing to the county board of elections to be removed from the list of registered voters;
or
(2) The registrant becomes disqualified through death, conviction of a felony, or removal out of the county; or
(3) The county board of elections determines, through the procedure outlined in G.S. 163-82.14, that it can no longer confirm where the voter resides. (1953, c. 843; 1955, c. 800; 1963, c. 303, s. 1; 1965, c. 1116, s. 1; 1967, c. 775, s. 1; 1973, c. 793, s. 25; 1975, c. 395; 1981, c. 39, s. 1; c. 87, s. 1; c. 308, s. 1; 1985, c. 211, ss. 1, 2; 1993 (Reg. Sess., 1994), c. 762, s. 2; 2009-541, s. 7(a); 2013-381, s. 12.1(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
"§ 163-82.4. Contents of application form.
(a) Information Requested Required of Applicant. – The form required by G.S. 163‑82.3(a) shall request require the applicant's:
(e) (1) Eligibility to Vote for Citizenship, and Age and Residency Questions. – Voter registration application forms shall include all of the following:
(1) a. The following question and statement:
.a. 1. "Are you a citizen of the United States of America?" and boxes for the applicant to
check to indicate whether the applicant is or is not a citizen of the United States.
b. 2. "If you checked "no' in response to this question, do not submit this form."
(2) b. The following question and statement:
a. 1.. "Will you be 18 years of age on or before election day?" and boxes for the applicant
to check to indicate whether the applicant will be 18 years of age or older on election
day.
b. 2. "If you checked "no' in response to this question, do not submit this
c. The following question and statement:
1. “Are you a legal resident of the state of North Carolina?” and boxes for the applicant to
check to indicate whether the applicant is a legal resident of North Carolina.
2. "If you checked "no' in response to this question, do not submit this form."
(1) (2) “Full Legal Name - First, Middle and Last”
(2) (3) Date of birth,
(3) (4) Residence address – “Physical Home Address – Street, Apartment number, City and Zip Code. If your residence does not have a street address, show the nearest street intersection, city and mailing address”.
(4) (5) “Mailing Address, ONLY if the residence address is unable to receive mail at your NC residential address”. Show a block for the applicant to check, “if the residential address is the same as the mailing address”.
(4) (6) “NC” County of residence,
(6) (7) “State of birth”, and a block for the applicant to check “if not born in the United States”.
(5) (8) Date of application,
(6) (9) Gender – boxes for the applicant to check “male, female, prefer not to disclose”.
(7) (10) Race – boxes for the applicant to check if they are “African American/Black, American Indian/Alaska Native, Asian, White, Multiracial, Native Hawaiian/Pacific Islander, Other, Prefer not to disclose”. (11)The portions of the form concerning race and ethnicity shall include as a choice any category shown by the most recent decennial federal census to compose at least one percent (1%) of the total population of North Carolina.
(8) (11) Ethnicity - boxes for the applicant to check if they are “Hispanic/Latino, Not Hispanic/Latino, prefer not to disclose”. (11) The portions of the form concerning race and ethnicity shall include as a choice any category shown by the most recent decennial federal census to compose at least one percent (1%) of the total population of North Carolina.
(9) (12) Political party affiliation, if any, in accordance with subsection (d) of this section,
(d) Party Affiliation or Unaffiliated Status. The application form described in G.S. 163‑82.3(a) shall provide a place for the applicant to state a preference check to be affiliated with one of the political parties specifically shown in G.S. 163‑96, or a preference to be an "unaffiliated" voter (no party). Every person who applies to register shall state his preference. check a box showing the party. If the applicant fails to declare a preference for a party or for unaffiliated status, that person shall be listed as "unaffiliated", except that if the person is already registered to vote in
the county and that person's registration already contains a party affiliation, the county board shall not change the registrant's status to "unaffiliated" unless the registrant clearly indicates a desire in accordance with G.S. 163‑82.17 for such a change.
(MOVE the sentence starting with If the person is already… to GS 163-82.1)
An unaffiliated registrant shall not be eligible to vote in any political party primary, except as provided in G.S.163‑119, but may vote in any other primary or general election. The application
form shall so state.
(10)(11) (13) Telephone number (to assist the county board of elections in contacting the voter if needed in processing the application). The application shall conspicuously state that provision of the applicant's telephone number is optional. Provide a box for the applicant to check, if they “prefer not to disclose” their phone number.
(14) Email address. Provide a block for the applicant to check, if they “prefer not to disclose” their email address.
(11) (15) Drivers license number, if issued or, if the applicant does not have a drivers license number, and the last four digits of the applicant's social security number, if issued,
The voter registration application form shall include all of the following questions and statements.
a. “Have you been issued a current NC Driver’s License number or DMV issued State
ID.
b. Yes/No boxes for the applicant to check to indicate the answer.
c. “If yes, you must provide the number: _________________”
d. “Have you been issued a Social Security Number”?
e. Yes/No boxes for the applicant to check to indicate the answer.
f. “If yes, you must provide the number: _________________”
(11) (16) and a Any other information the State Board finds is necessary to enable officials of the county where the person resides to satisfactorily process the application.
The county board shall make a diligent effort to complete for the registration records any information requested on the form that the applicant does not complete, but no application shall be denied because an applicant does not state race, ethnicity, gender, or telephone number.
(MOVE deleted section in red above to GS 163.82.7)
If the county board maintains voter records on computer, the free list provided under this subsection shall include telephone numbers if the county board enters the telephone number into its computer records of voters.
(MOVE deleted section in red above to GS 162-82.1, but delete the clause “if the county board enters the telephone number into its computer records of voters.”)
(11) (17) Previous Registrations - The form shall require the applicant to state whether currently registered to vote anywhere, and at what address, so that any prior registration can be cancelled. The voter registration application form shall include the following question and responses.
“Are you currently registered to vote in another state or county?” Boxes for the applicant to check “yes, no, or uncertain.” “If yes or uncertain, please provide your last registration address.”
(c) (18) Notice of Requirements, Attestation, Notice of Penalty, and Notice of Confidentiality. – The form required by G.S. 163‑82.3(a) shall contain, in uniform type, the following:
(1) A statement that specifies each eligibility requirement (including citizenship, age and
residence) and an the attestation below that the applicant meets each such requirement, with a requirement for the signature of the applicant, under penalty of a Class I felony under G.S. 163‑275(13). (Moved to the next section below.)
“I affirm, under penalty of a Class 1 felony pursuant to NC G.S. 163‑275(13), that I have read and understand the contents of this form and that all entries, including the following checked items are true and accurate. Provide check boxes for:
(1) I am a United States citizen, a legal resident of North Carolina and I will be 18 years of age before the next election.
(2) I will have lived at the residential address in number 4 above for at least 30 days before the date of the election in which I intend to vote.
(3) I am not currently serving a felony sentence (including probation, post-release supervision or parole).
(4) I have not been found by a court to be legally incompetent and
(5) I understand it is a federal crime to vote more than once in an election pursuant to 52 USC 10307(e).
(6) I hereby revoke all my prior voter registrations.
All boxes above must be checked and the form must be signed and dated to complete the attestation.”
(2) A statement that, if the applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes. (3) A statement that, if the applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes.
(11) The portions of the form concerning race and ethnicity shall include as a choice any category shown by the most recent decennial federal census to compose at least one percent (1%) of the total population of North Carolina. (MOVE to GS 163‑82.1)
(b) No Drivers License or Social Security Number Issued. The State Board shall assign a unique identifier number to an applicant for voter registration if the applicant has not been issued either a current and valid drivers license or a social security number. That unique identifier number shall serve to identify that applicant for voter registration purposes.
(MOVE to GS 163-82.1)
If the applicant fails to declare a preference for a party or for unaffiliated status, that person shall be listed as "unaffiliated", except that if the person is already registered to vote in the county and that person's registration already contains a party affiliation, the county board shall not change
the registrant's status to "unaffiliated" unless the registrant clearly indicates a desire in
accordance with G.S. 163‑82.17 for such a change. An unaffiliated registrant shall not be eligible to vote in any political party primary, except as provided in G.S. 163‑119, but may vote in any other primary or general election. The application form shall so state. (MOVE to GS 163-82.1).
(f) Correcting Registration Forms. – If the voter fails to complete any required item on the voter registration form but provides enough information on the form to enable the county board of elections to identify and contact the voter, the voter shall be notified of the omission and given
the opportunity to complete the form at least by 5:00 P.M. on the day before the county canvass as set in G.S.163‑182.5(b). If the voter corrects that omission within that time and is determined by the county board of elections to be eligible to vote, the board shall permit the voter to vote. If
the information is not corrected by election day, the voter shall be allowed to vote a provisional official ballot. If the correct information is provided to the county board of elections by at least 5:00 P.M. on the day before the county canvass, the board shall count any portion of the provisional official ballot that the voter is eligible to vote. (MOVE to GS 163‑82.1)
(1901, c. 89, s. 12; Rev., s. 4319; C.S., s. 5940; Ex. Sess. 1920, c. 93; 1933, c. 165, s. 5; 1951, c. 984, s. 1; 1953, c. 843; 1955, c. 800; c. 871,s. 2; 1957, c. 784,s. 2; 1963, c. 303,s. 1; 1967, c. 775,s. 1; 1971, c. 1166,s. 6; 1973, c. 793, s. 27; c. 1223, s. 3; 1975, c. 234, s. 2; 1979, c. 135, s. 1; c. 539, ss. 1‑3; c. 797, ss. 1, 2; 1981, c. 222; c. 308, s. 2; 1991 (Reg. Sess., 1992), c. 1044, s. 18(a); 1993, c. 74, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 2; 1999‑424, s. 7(c), (d); 1999‑453, s. 8(a); 2003‑226, s. 9; 2004‑127, s. 4; 2005‑428, s. 15; 2007‑391, s. 20; 2008‑187, s. 33(a); 2009‑541, s. 9(a); 2013‑381, s. 12.1(c); 2017‑6, s. 3; 2018‑146, s. 3.1(a), (b).)
4. QUALIFICATIONS TO VOTE
§ 163-55. Qualifications to vote; exclusion from electoral franchise.
(a) Residence Period for State and Federal Elections. - Every person U.S. citizens born in the United States, and every person who has been naturalized, and who shall have resided in the State of North Carolina and in the precinct in which the person offers to vote for 30 days next preceding an election, shall, if otherwise qualified as prescribed in this Chapter, be qualified to vote in the precinct in which the person resides. Removal from one precinct to another in this State shall not operate to deprive any person of the right to vote in the precinct from which the person has removed until 30 days after the person's removal.
(b) Documented proof of citizenship required for registering to vote. The applicant is required to prove citizenship. It shall be documented on the voter registration application and UOCAVA registrations.
(b) (c) Except as provided in this Chapter, the following classes of persons shall not be allowed to vote in this State:
(1) Persons under 18 years of age.
(2) Any person adjudged guilty of a felony against this State or the United States, or adjudged guilty of a felony in another state that also would be a felony if it had been committed in this State, unless that person shall be first restored to the rights of citizenship in the manner prescribed by law.
(3) Any person who is not a US citizen.
(4) Persons declared incompetent by a court
5. USE OF HAVA DOCUMENTS (utility bill, bank statement, government check, paycheck or other government document)
§ 163-166.12. Requirements for certain registered voters who registered by mail, online, or voter registration drives and have not previously voted.
(a) Voting in Person. In addition to the requirements of § 163‑166.16, an individual who has registered to vote by mail , online or voter registration drives on or after January 1, 2003, and has not previously voted in an election that includes a ballot item for federal office in North Carolina, shall present to a local election official at a voting place before voting one of the following:
(1) A current and valid photo identification.
(2) A a physical copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
(b) Voting Mail‑In Absentee by Mail. – In addition to the requirements of § 163‑230.1 (g) (1) an individual who has registered to vote by mail, online or voter registration drives on or after January 1, 2003, and has not previously voted in an election that includes a ballot item for federal office in North Carolina, in order to cast an mail‑in absentee by mail vote, shall submit with the mailed‑in
returned application and voted absentee ballot one of the following:
(1) A copy of a current and valid photo identification.
(2) A a physical copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
6. WHEN DRIVER’S AND SOCIAL SECURITY NUMBERS CAN NOT BE VERIFIED
§ 163-166.12. (d) Voting When Identification Numbers Do Not Match
Regardless of whether an individual has registered by mail or by another method, if the individual has provided with the registration form a drivers license number or last four digits of a Social Security number but the computer validation of the number as required by G.S. 163-82.12 did not result in a match, and the number has not been otherwise validated by the county board, in the first election in which the individual votes that individual shall submit with the ballot the form of identification described in subsection (a) or subsection (b) of this section, depending upon whether the ballot is voted in person or absentee. If that identification is provided no later than 12:00 P.M. on the third business day after the election and the county board does not determine that the individual is otherwise ineligible to vote a ballot, the failure of identification numbers to match shall not prevent that individual from registering to vote and having that individual's vote counted. Develop rules with procedures for looking up and matching name, date of birth, address, driver’s license number, if issued, and social security number, if issued, with other state and federal data bases and disposition of non-matches.
(e) The Right to Vote Provisionally. - If an individual is required under subsection (a), (b), or (d) of this section to present identification in order to vote, but that individual does not present the required identification, that individual may vote a provisional official ballot. If the voter is at the voting place, the voter may vote provisionally there without unnecessary delay. If the voter is voting by absentee ballot, the absentee ballot without the required identification shall be treated as a provisional official ballot.
(f) Exemptions. - This section does not apply to any of the following:
(1) An individual who registers by mail and submits as part of the registration application either both of the following:
a. A copy of a current and valid photo identification.
b. A copy of a "HAVA document" as defined in G.S. 163-82.6B(e) for address verification.
(2) An individual who registers by mail and submits as part of the registration application the individual's drivers license number or at least the last four digits of the individual's social security number where an election official matches either or both of the numbers submitted with an existing State identification record bearing the same number, name, and date of birth contained in the submitted registration. If any individual's number does not match, the individual shall provide identification as required in subsection (d) of this section in the first election in which the individual votes.
(3) (2) An individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act.
(4) (3) An individual who is entitled to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act.
(5) (4) An individual who is entitled to vote otherwise than in person under any other federal law. (2003-226, s. 16; 2004-127, s. 3; 2007-391, s. 21(a); 2008-187, s. 33(a); 2013-381, s. 16.4; 2013-410, s. 14(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2023-140, ss. 10(b), 26; 2024-57, s. 3A.4(c).)
7. OBSERVERS
§ 163-45.1. Observers.
(a) For purposes of this section, "observer" is defined as an individual appointed pursuant to this section to observe the voting process at a voting place.
(b) Observers may be appointed in accordance with the following:
(1) The chair of each political party in the county may designate two registered voters of the county to serve as observers at each voting place in that county in which the political party has a candidate appearing on the ballot.
(2) The chair of each political party in the county may designate up to 10 registered voters of the county to serve at any voting place in the county in which the political party has a candidate appearing on the ballot.
(3) The chair of each political party in the State may designate up to 100 registered voters of the State to serve at any voting place in the State in which the political party has a candidate appearing on the ballot.
(4) An unaffiliated candidate or the unaffiliated candidate's campaign manager may designate two observers to serve at each voting place in which that unaffiliated candidate appears on the ballot.
8. SAME DAY REGISTRATION
§ 163‑82.6B. Same‑day registration. Delete the section
9. PUBLIC RECORDS REQUESTS
• § 163-82.12 Promulgation of guidelines relating to computerized voter registrations.
The State Board of Elections shall make all guidelines necessary to administer the statewide voter registration system established by this Article. All county boards of elections shall follow these guidelines and cooperate with the State Board of Elections in implementing guidelines. These guidelines shall include provisions for all of the following:
(1) Establishing, developing, and maintaining a computerized central voter registration file. (2) Linking the central file through a network with computerized voter registration files in each of the counties. (3) Interacting with the computerized drivers license records of the Division of Motor Vehicles and with the computerized records of other public agencies authorized to accept voter registration applications. (4) Protecting and securing the data. (5) Converting current voter registration records in the counties in computer files that can be used on the statewide computerized registration system.
(6) Enabling the statewide system to determine whether the voter identification information provided by an individual is valid.
(7) Enabling the statewide system to interact electronically with the Division of Motor Vehicles system to validate identification information.
(8) Enabling the Division of Motor Vehicles to provide real‑time interface for the validation of the drivers license number and last four digits of the social security number.
(9) Notifying voter‑registration applicants whose drivers license or last four digits of social security number does not result in a validation, attempting to resolve the discrepancy, initiating investigations under G.S. 163‑33(3) or challenges under Article 8 of this Chapter where warranted, and notifying any voters of the requirement under G.S. 163‑166.12(b2) to present identification when voting.
(10) Enabling the statewide system to assign a unique identifier to each legally registered voter in the State.
(11) Enabling the State Board of Elections to assist the Division of Motor Vehicles in providing to the jury commission of each county, as required by G.S. 20‑43.4, a list of all registered voters in the county and all persons in the county with drivers license records. (1993 (Reg. Sess., 1994), c. 762, s. 2; 2003‑226, s. 7(a); 2007‑391, s. 21(b); 2008‑187, s. 33(a); 2013‑410, s. 14(a); 2017‑6, s. 3; 2018‑146, ss. 3.1(a), (b), 4.5(c).)
(12) Publishing on a publicly accessible online portal all public records requests received by the State Board and the Board's responses thereto, including the records provided in response (as produced to the original requestor).
Contact: North Carolina Election Integrity Team (NCEIT),
Jim Womack, Tel. (919) 770-4783, james.k.womack@gmail.com
Joanne Empie, Tel (919)819-1981, joanne.empie@gmail.com
Paid for by North Carolina Election Integrity Team (NCEIT
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