North Carolina HB 303: Voter Freedom Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 1
HOUSE BILL 303*

Short Title: Voter Freedom Act. (Public)
Sponsors: Representatives Pierce, Floyd, and Lucas (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
March 13, 2017
*H303-v-1*
A BILL TO BE ENTITLED 1
AN ACT REGARDING THE REQUIRED PROOF SUFFICIENT TO CHALLENGE A 2
PERSON'S ELIGIBILITY TO VOTE. 3
Whereas, registered voters in the State of North Carolina should be able to vote free of 4
intimidation; and 5
Whereas, registered voters in the State of North Carolina should be able to vote free of 6
specious challenges to their right to vote; and 7
Whereas, during the 2016 general election, numerous registered voters were subjected 8
to specious claims made by challengers whose claims were then accepted by county boards of 9
elections challenging the registered voters' right to vote; and 10
Whereas, there are two ways voters may be removed from the voter rolls (i) through a 11
voter challenge or (ii) by a county board of election's list maintenance efforts; and 12
Whereas, the predominant burden of proof in challenging a voter's right to vote should 13
be placed upon the challenger regarding whether the State Board of Elections accepts a claim and 14
ultimately then sustains that claim; and 15
Whereas, a voter cannot be removed from a voter registration roll by list maintenance 16
efforts, except through a notification process compliant with the National Voter Registration Act; 17
Now, therefore, 18
The General Assembly of North Carolina enacts: 19
SECTION 1. G.S. 163-85 reads as rewritten: 20
"§ 163-85. Challenge procedure other than on day of primary or election. 21
(a) Right to Challenge; When Challenge May Be Made. – Any registered voter of the 22
county precinct may challenge the right of any person to register, remain registered or vote in such 23
county.precinct. No such challenge may be made after the twenty-fifth day before each primary, 24
general, or special election. 25
... 26
(e) Prima Facie Evidence That Voter No Longer Resides in Precinct. – The presentation of 27
a letter mailed by returnable first-class mail to the voter at the address listed on the voter 28
registration card and returned because the person does not live at the address shall constitute prima 29
facie evidence that the person no longer resides in the precinct. However, in the absence of 30
affirmative proof, evidence of a returned mailing, on its own, shall not be sufficient to sustain the 31
burden of proof required by G.S. 163-90.1 in either a preliminary hearing under subsection (d) of 32
this section or a challenge hearing under G.S. 163-86. 33
(f) No challenge shall be sustained on the basis of a change of residency, except by (i) 34
written confirmation of the registrant of a change that renders the registrant ineligible to vote in 35

General Assembly Of North Carolina Session 2017
Page 2 House Bill 303*-First Edition
the county, (ii) notification from another county or state that the registrant has registered to vote in 1
that county or state, or (iii) exhaustion of the notice provisions required by the National Voter 2
Registration Act." 3
SECTION 2. G.S. 163-86(c) reads as rewritten: 4
"(c) At the time and place set for the hearing on a challenge entered prior to the date of a 5
primary or election, the county board of elections shall explain to the challenged registrant the 6
qualifications for registration and voting in this State. The board chairman, or in his absence the 7
board secretary, shall then administer the following oath to the challenged registrant: 8
"You swear (or affirm) that the statements and information you shall give in this hearing with 9
respect to your identity and qualifications to be registered and to vote shall be the truth, the whole 10
truth, and nothing but the truth, so help you, God." 11
After swearing the challenged registrant, the board shall examine him as to his qualifications to be 12
registered and to vote. If the challenged registrant insists that he is qualified, the board shall tender 13
to him the following oath or affirmation: 14
"You do solemnly swear (or affirm) that you are a citizen of the United States; that you are at 15
least 18 years of age or will become 18 by the date of the next general election; that you have or 16
will have resided in this State and in the precinct for which registered for 30 days by the date of 17
the next primary or election; that you are not disqualified from voting by the Constitution or the 18
laws of this State; that your name is ____, and that in such name you were duly registered as a 19
voter of ____ precinct; and that you are the person you represent yourself to be, so help you, God." 20
If the challenged registrant refuses to take the tendered oath, or submit to the board the affidavit 21
required by subsection (d), below, the challenge shall be sustained.sustained