Mark Up Voting Site Buffer Zones O8 NCAC 10C.0102

1 08 NCAC 10C .0102 is proposed for adoption as follows 08 NCAC 10C.0102 Voting Site Buffer Zones

(a) The voting place buffer zone at a voting site shall be established as follows:

 (1) Before each election, the county board of elections shall adopt a resolution establishing a voting  place buffer zone at each voting site in the county in accordance with G.S. 163-166.4(a). When  adopting a resolution establishing a voting place buffer zone, the county board shall take into  account the physical layout and dimensions of the voting site, location of the entrances for ingress  to and egress from the voting place, parking areas at the voting site, and the electioneering zone  established under Rule .0103 of this Subchapter and G.S. 163-166.4(b). If a voting place has  multiple entrances, the county board shall establish a voting place buffer zone at each entrance consistent with G.S. 163-166.4. Notice of the resolution shall be given to the public in accordance with G.S. 163-166.4.

Notice of the resolution shall be given to the public in accordance with G.S. 163-166.4.

(2) Prior to the start of voting, the chief judge or a judge designated by the chief judge shall mark the

boundary of the voting place buffer zone consistent with the county board of election’s resolution

adopted under Subparagraph (a)(1) of this Rule. The zone shall be marked or caused to be marked

with signage, cones, rope, tape, or some other visible marker that the chief judge determines is

appropriate for ensuring peace and good order at the voting place in accordance with 08 NCAC 10B

.0101(b)(18) and (19) when taking into account the physical layout, dimensions, and parking areas

of the voting site.

(b) The curbside voting zone and curbside buffer zone at a voting site shall be established as follows:

(1) Before each election, the county board of elections shall adopt a resolution establishing a curbside

accommodate at least two vehicles for voters to engage in the act of voting curbside in accordance

voting zone at each voting site in the county. The curbside voting zone shall be sufficient in size to

with 08 NCAC 10B. 0108.

((2) Before each election, the county board of elections shall adopt a resolution establishing a Curbside Buffer zone at each voting site in the county.  The county board of elections shall establish the  curbside buffer zone limited to the minimum area reasonably necessary of a distance optimally no less than 6 feet and no more than 15 feet to ensure orderly voting operations and voter access and shall not be interpreted to create an expanded general prohibition on lawful election-related activity beyond the authority provided in G.S. 163-166.4. It is as measured in a  straight line from the nearest marked boundary of the curbside voting zone, taking into account the  physical layout and dimensions of the voting site, parking areas, voting place buffer zone, and the electioneering zone at the voting site. Notice of the resolution shall be given to the public in accordance with G.S. 163-166.4.(2) Before each election, the county board of elections shall adopt a resolution establishing a curbside

buffer zone at each voting site in the county. The county board of elections shall establish the

curbside buffer zone of a distance no less than 6 feet and no more than 15 feet as measured in a

straight line from the nearest marked boundary of the curbside voting zone, taking into account the

physical layout and dimensions of the voting site, parking areas, voting place buffer zone, and the

electioneering zone at the voting site. Notice of the resolution shall be given to the public in

accordance with G.S. 163-166.4.

(3) Prior to the start of voting, the chief judge or a judge designated by the chief judge shall mark the

boundary of the curbside voting zone and curbside buffer zone consistent with the county board of

election’s resolution adopted under this Rule in the same manner as marking the voting place buffer

zone under Subparagraph (a)(2) of this Rule.

History Note: Authority G.S. 163-22; 163-129; 163-166.4; 163-166.5; 163-166.6; 163-166.7; 163-166.9;