Chapter 163

(a) Notwithstanding G.S. 163-230.1 and G.S. 163-230.2, a qualified voter who is eligible to vote by absentee ballot under G.S. 163-226, or that voter's near relative or verifiable legal guardian, may submit a request for absentee ballots online using the procedures set forth in t…

(a) Procedure for Voting Absentee Ballots. - In the presence of two persons who are at least 18 years of age, and who are not disqualified by G.S. 163-226.3(a)(4) or G.S. 163-237(c), the voter shall do all of the following: (1) Mark the voter's ballots, or cause them to be marked…

(a) The county board of elections shall prepare, or cause to be prepared, a list in at least quadruplicate, of all absentee ballots returned to the county board of elections to be counted, which have been approved by the county board of elections, and which have been received as …

(a) The county board of elections shall prepare, or cause to be prepared, a list in at least triplicate, of all absentee ballots issued under this Article returned to the county board of elections to be counted, which have been approved by the county board of elections, have not …

(a) Each county board of elections shall report the following to the State Board during each day of the early voting period: (1) The number of mail-in absentee ballots that have been spoiled due to the voter voting in person at an early voting site after requesting a mail-in abse…

(a) The county board of elections shall retain, in a safe place, the original of all applications made for absentee ballots, which shall be available to inspection by the State Board or to any person upon the directive of the State Board. Any copies of any photographic identifica…

No person shall be permitted to withdraw an absentee ballot after such ballot has been mailed to or returned to the county board of elections. (1973, c. 536, s. 1; 1977, c. 469, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

All absentee ballots returned to the county board in the container-return envelopes shall be retained by the county board to be counted by the county board as follows: (1) Only those absentee ballots returned to the county board in a properly executed container-return envelope an…

The county board of elections shall be sole custodian of blank applications for absentee ballots, official ballots, and container-return envelopes for absentee ballots. The board shall issue and deliver blank applications for absentee ballots in strict accordance with the provisi…

(a) False Statements under Oath Made Class 1 Misdemeanor. - If any person shall willfully and falsely make any affidavit or statement, under oath, which affidavit or statement under oath, is required to be made by the provisions of this Article, that person shall be guilty of a C…

It shall be the duty of the State Board of Elections to report to the district attorney of the appropriate prosecutorial district, any violation of this Article, or the failure of any person charged with a duty under its provisions to comply with and perform that duty, and it sha…

Except as otherwise provided therein, Article 21A of this Chapter shall not apply to or modify the provisions of this Article. (1963, c. 457, s. 11; 1967, c. 775, s. 1; 1977, c. 469, s. 1; 2011-182, s. 8; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) §

The State Board of Elections shall possess full power and authority to maintain order, and to enforce obedience to its lawful commands during its sessions, and shall be constituted an inferior court for that purpose. If any person shall refuse to obey the lawful commands of the S…

(a) The State Board shall possess authority to assist any county board of elections in any matter in which litigation is contemplated or has been initiated, provided, the county board of elections in such county petitions, by majority resolution, for such assistance from the Stat…

This Article may be cited as the Uniform Military and Overseas Voters Act. (2011-182, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

To be valid, a military-overseas ballot shall either be received by the appropriate county board of elections no later than the close of the polls, or the covered voter shall submit the ballot for mailing, electronic transmission, or other authorized means of delivery not later t…

A covered voter may use the federal write-in absentee ballot, in accordance with the Uniformed and Overseas Citizens Absentee Voting Act, section 103, 42 U.S.C. § 1973ff-2, to vote for all offices and ballot measures in a covered election. (2011-182, s. 1; 2017-6, s. 3; 2018-146,…

(a) A valid military-overseas ballot cast in accordance with G.S. 163-258.10 shall be counted if it is delivered to the address that the appropriate State or local election office has specified by the end of business on the business day before the canvass conducted by the county …

Each military-overseas ballot shall include or be accompanied by a declaration signed by the voter declaring that a material misstatement of fact in completing the document may be grounds for a conviction of perjury under the laws of the United States or this State. (2011-182, s.…

The State Board of Elections, in coordination with local election officials, shall implement an electronic free access system by which a covered voter may determine by telephone, email, or internet whether: (1) The voter's federal postcard application or other registration or mil…

(a) The county board of elections shall request an email address from each covered voter who registers to vote after January 1, 2012. An email address provided by a covered voter is not a public record under Chapter 132 of the General Statutes. The address may be used only for of…

(a) Not later than 100 days before a regularly scheduled election to which this Part applies, and as soon as practicable in the case of an election or vacancy election not regularly scheduled, each county board of elections shall prepare an election notice for that jurisdiction t…

(a) If a voter's mistake or omission in the completion of a document under this Article does not prevent determining whether a covered voter is eligible to vote, the mistake or omission does not invalidate the document. Failure to satisfy a nonessential requirement, such as using…

A court may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with, or enforce, this Article on application by: (1) A covered voter alleging a grievance under this Article; or (2) An election official in this State. (2011-182, s. 1; …

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (2011-182, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

As used in this Article: (1) "Covered voter" means any of the following: a. A uniformed-service voter or an overseas voter who is registered to vote in this State. b. A uniformed-service voter defined in subdivision (7) of this section whose voting residence is in this State and …

This Article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the…

(a) Preparation of List. - The chair of the county board of elections shall prepare, or cause to be prepared, a list in quadruplicate of all military-overseas ballots returned to the county board of elections under this Article to be counted which have been approved by the county…

An individual who no longer qualifies as a covered voter under the provisions of this Article shall not be entitled subsequently to vote by military-overseas ballot under this Article, but if the covered voter was registered under the provisions of this Article that voter's regis…

Notwithstanding any other provisions of this Chapter, an individual shall be permitted to register in person at any time the office of the board of elections or the voting place is open, including the day of a primary or election if that individual was absent on the day the regis…

Notwithstanding any other provisions of this Chapter, any covered voter under this Article shall be permitted to vote a ballot during early voting pursuant to Part 5 of Article 14A of this Chapter if the covered voter has not already voted an absentee ballot which has been return…

The voting procedures in this Article apply to all of the following: (1) A primary, general, or special election for federal or State office. (2) A State ballot measure. (3) A primary, general, special, or runoff election for local government office or a local ballot measure if a…

(a) The State Board of Elections shall adopt rules and regulations to carry out the intent and purpose of G.S. 163-258.28 and G.S. 163-258.29 and to ensure that a proper list of persons voting under said sections shall be maintained by the boards of elections, and to ensure prope…

If an international, national, or local emergency or other situation arises that makes substantial compliance with this Article or the Uniformed and Overseas Citizens Absentee Voting Act impossible or unreasonable, the State Board of Elections may prescribe, by emergency rule, su…

(a) The State Board of Elections is the State official responsible for implementing this Article and the State's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. § 1973ff, et seq. (b) The State Board of Elections shall make available to co…

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 th…

(a) In addition to any other approved method for registering to vote, a covered voter may use a federal postcard application, as prescribed under the Uniformed and Overseas Citizens Absentee Voting Act, section 101(b)(2), 42 U.S.C. § 1973ff(b)(2), or the application's electronic …

(a) A covered voter who is registered to vote in this State may apply for a military-overseas ballot using either the regular application provided by Article 20 of this Chapter or the federal postcard application, as prescribed under the Uniformed and Overseas Citizens Absentee V…

An application for a military-overseas ballot is timely if received by the appropriate election official by 5:00 P.M. of the day before the election or primary. An application from a covered voter for a military-overseas ballot shall be considered a valid absentee ballot request …

(a) Not later than 60 days before the statewide general election in even-numbered years and not later than 50 days before any other election, the county board of elections shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid milita…

There is hereby created the position of Executive Director of the State Board, who shall perform all duties imposed by statute and such duties as may be assigned by the State Board. (1973, c. 1272, s. 4; 2001-319, s. 11; 2017-6, ss. 4(c), 7(e); 2018-146, ss. 3.1(a), (b), 3.2(d).)

(a) The State Board shall appoint an Executive Director for a term of two years with compensation to be determined by the Office of State Human Resources. (b) The Executive Director shall serve beginning May 15 after the first meeting held after new appointments to the State Boar…

(a) The State Board, in an open meeting, may exercise emergency powers to conduct an election in a district where the normal schedule for the election is disrupted by any of the following: (1) A natural disaster. (2) Extremely inclement weather. (3) An armed conflict involving Ar…

(a) As used in this section, the term "current or prospective employee" means any of the following: (1) A current or prospective permanent or temporary employee of the State Board or a current or prospective county director of elections. (2) An employee or agent of a current or p…

It shall be unlawful for any person holding any office, position, or employment in the State government, or under and with any department, institution, bureau, board, commission, or other State agency, or under and with any county, city, town, district, or other political subdivi…

Whenever in this Chapter it is provided that a crime is a misdemeanor, the punishment shall be for a Class 2 misdemeanor. (1987, c. 565, s. 1; 1993, c. 539, s. 1110; 1994, Ex. Sess., c. 24, s. 14(c); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

(a) Any person who shall, in connection with any primary or election in this State, do any of the acts and things declared in this section to be unlawful, shall be guilty of a Class 2 misdemeanor. It shall be unlawful: (1) For a voter, except as otherwise provided in this Chapter…

(a) Class 2 Misdemeanors. - Any person who shall, in connection with any primary or election in this State, do any of the acts and things declared in this subsection to be unlawful, shall be guilty of a Class 2 misdemeanor. It shall be unlawful to do any of the following: (1) For…

Any person who shall, in connection with any primary, general or special election held in this State, do any of the acts or things declared in this section to be unlawful, shall be guilty of a Class I felony. It shall be unlawful: (1) For any person fraudulently to cause that per…

Any public official who shall be convicted of violating any provision of Article 14A or 22 of this Chapter, in addition to the punishment provided by law, shall be removed from office by the judge presiding, and, if the conviction is for a felony, shall be disqualified from votin…