NCEIT Suggestions to Fix the Deficiencies to H958 PCS
- Oct 23
- 13 min read
Updated: 1 day ago
NCEIT SUGGESTIONS for Changes to H958 PCS (Proposed Committee Substitute) 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 (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.
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. (H958, page 12)
(a) Information Requested of Applicant. – The form required by G.S. 163-82.3(a) shall request require the applicant's: all of the following from the applicant, if not specified as optional:
(1) Name, Full Legal Name.
(2) Date of birth, birth.
(3) Residence address, address. If mail cannot be received at your residence address, also provide
your mailing address.
(4) County of residence ,residence.
(5) Date of application, application.
(6) Gender, Gender. Optional.
(7) Race, Race. Optional.
(8) Ethnicity, Ethnicity. Optional.
(9) Political party affiliation, if any, in accordance with subsection (d) of this section, section.
(10) Telephone number (to assist the county board of elections in contacting the voter if needed in processing the application,) application). Optional
(11) Current and valid dDrivers license number or, number, if the applicant does not have has a drivers license number, the last four digits of the applicant's social security number, number.
(12) and any Any other information the State Board finds is necessary to enable officials of the county where the person resides to satisfactorily process the application.
(13) The In addition, the form shall require the applicant to provide the applicant's full social security number and
(14) require the applicant to state whether the applicant is currently registered to vote anywhere, and at what address, so that any prior registration can be cancelled and
(15) require proof of citizenship
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. 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. The application shall conspicuously that provision of the applicant's telephone number is optional. 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.
(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.
G.S. 163-82.7 Verification of qualifications, identity, and address of applicant during the registration process; denial or approval of application.
(a) Tentative Determination of Qualification When a county board of elections receives an application for registration submitted pursuant to G.S. 163‑82.6, the applicant’s qualifications, identity and address shall be verified. Qualifications are specified in NC GS 163-55 and 163-54. Identity indicators including name, date of birth, driver’s license number and social security numbers, if issued shall be compared to state and federal databases, and additional information obtained as needed. Rules for verification shall be developed as required by G.S. 163-82.12.
The board either shall determine that:
(1) Shall make a tentative determination that the applicant is qualified to vote at the address given, subject to the mail verification notice procedure outlined in subsection (c) of this section
accepted, the applicant is registered and in active status, if the applicant meets these criteria:
The application is accepted, the applicant is registered and in active status, if the applicant meets these criteria:
a. qualified to vote
b. their identity has been verified
c. their address has been verified
or
(2) Shall make a tentative determination that the applicant is qualified to vote at the address given, subject to the mail verification notice procedure outlined in subsection (c) of this section.
The application is denied, the applicant is not registered and in denied status, if the applicant does not meet one or more of the criteria in (a) (1) of this section.
or
(3) The application is in Pending Eligibility status during the interim period while awaiting verification. The status of the application shall be determined within a reasonable time after receiving the application, and shall be defined in rules for timely verification of voter registration applications.
(b) Denial of Registration. – If the county board of elections makes a determination pursuant to subsection (a) of this section that the applicant is not qualified to vote at the address given, the board shall send, by certified mail, a notice of denial of registration. The notice of denial shall contain the date on which registration was denied, and shall be mailed within two business days after denial. The notice of denial shall inform the applicant of alternatives that the applicant may pursue to exercise the franchise. If the applicant disagrees with the denial, the applicant may appeal the decision under G.S. 163‑82.18.
c) Verification of Address by Mail
(1) First Notice - If the county board of elections tentatively determines that the applicant is qualified to vote at the address given, then t The county board shall send a notice within five business days of receipt of the registration application to the applicant, by non-forwardable mail, at the address the applicant provides on the application form. The notice shall state that the county will register the applicant to vote shall treat the address as verified, if the Postal Service does not return the notice as undeliverable to the county board. The notice shall also inform the applicant of the precinct and voting place to which the applicant will be assigned if registered.
(d) Approval of Application. – If the Postal Service does not return the notice as undeliverable, the county board shall register the applicant to vote. verify the voter’s address.
(e) (2) Second Notice if First Notice Is Returned as Undeliverable. – If the Postal Service returns the notice as undeliverable, the county board shall send a second notice within five business days of the receipt of the notice as undeliverable from the Postal Service by nonforwardable mail to the same address to which the first notice was sent. If the second notice is not returned as undeliverable, the county board shall register the applicant to vote. verify the voter’s address.
(f) (3) Denial of Application Based on Lack of Verification of Address. – If the Postal Service returns as undeliverable the notice sent by nonforwardable mail pursuant to subsection (e) (2) of this section, the county board shall deny the application. The county board need not try to notify the applicant further.
(g) (4) Voting When Verification Process Is Incomplete. – In cases where an election occurs before the process of verification outlined in this section has had time to be completed, the county board of elections shall be guided by the following rules:
(1) (a) If the county board has made a tentative determination that an applicant is qualified to vote under subsection (a) of this section, then that person Applicants in Eligibility Pending status shall not be denied the right to vote in person in an election, but be permitted to vote a provisional ballot, unless the Postal Service has returned as undeliverable two notices to the applicant: one mailed pursuant to subsection (c) of this section and one mailed pursuant to subsection (e) of this section. This subdivision does not preclude a challenge to the voter's qualifications under Article 8 of this Chapter.
(2) (b) If the Postal Service has returned as undeliverable a notice sent within 25 days before the election to the applicant under subsection (c) of this section and the applicant has had their identity verified, then the applicant may vote only in person after providing proof of residency in accordance with Article 14A of this Chapter in that first election and may not vote by absentee ballot. The county board of elections shall establish a procedure at the voting site for doing both of the following:
a. 1.Obtaining the correct address of any person described in this subdivision who appears to
vote in person.
b. 2. Assuring that the person votes in the proper place and in the proper contests.
If a notice mailed under subsection (c) (1) or subsection (e) (2) of this section is returned as undeliverable after a person has already voted by absentee ballot, then that person's ballot may be challenged in accordance with G.S. 163‑89.
(c) If a notice sent pursuant to subsection (c) or (e) of this section is returned by the Postal Service as undeliverable after a person has already voted in an election, then the county board shall treat the person as a registered voter but shall send a confirmation mailing pursuant to G.S. 163‑82.14(d)(2) and remove or retain the person on the registration records in accordance with that subdivision. MOVE to List Maintenance NC G.S. 163-82.14.
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 registration applications. The applicant is required to prove citizenship. It shall be documented on the voter registration application.
(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).)
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
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