North Carolina SB 745: Same Day Registration.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
S 1
SENATE BILL 745

Short Title: Same Day Registration. (Public)
Sponsors: Senators Lucas, Clodfelter; Dannelly, Dorsett, Garwood, Gulley, Hartsell,
Holloman, and Malone.
Referred to: Judiciary I.
April 3, 2003

A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE FOR IN-PERSON REGISTRATION AND VOTING AT 2
EARLY VOTING SITES AND AT CENTRAL SITES ON ELECTION DAY; AND 3
TO PROVIDE FOR ADEQUATE IDENTIFICATION REQUIREMENTS FOR 4
PERSONS REGISTERING AND VOTING ON THE SAME DAY TO PROTECT 5
AGAINST FRAUD; AND TO APPROPRIATE FUNDS FOR IMPLEMENTING 6
AND MONITORING THE PROGRAM. 7
The General Assembly of North Carolina enacts: 8
SECTION 1. G.S. 163-82.6 reads as rewritten: 9
"§ 163-82.6. Acceptance of voter registration application forms. 10
(a) How the Form May Be Submitted. – The county board of elections shall 11
accept any form described in G.S. 163-82.3 if the applicant submits the form by mail, 12
facsimile transmission, or in person. The applicant may delegate the submission of the 13
form to another person. Any person who communicates to an applicant acceptance of 14
that delegation shall deliver that form so that it is received by the appropriate county 15
board of elections in time to satisfy the registration deadline in subdivision (1) or (2) of 16
subsection (c) of this section for the next election. It shall be a Class 2 misdemeanor for 17
any person to communicate to the applicant acceptance of that delegation and then fail 18
to make a good faith effort to deliver the form so that it is received by the county board 19
of elections in time to satisfy the registration deadline in subdivision (1) or (2) of 20
subsection (c) of this section for the next election. It shall be an affirmative defense to a 21
charge of failing to make a good faith effort to deliver a delegated form by the 22
registration deadline that the delegatee informed the applicant that the form would not 23
likely be delivered in time for the applicant to vote in the next election. It shall be a 24
Class 2 misdemeanor for any person to sell or attempt to sell a completed voter 25
registration form or to condition its delivery upon payment. 26
(b) Signature. – The form shall be valid only if signed by the applicant. 27

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2003
Page 2 Senate Bill 745-First Edition
(c) Registration Deadlines for an Election. – In order to be valid for an election, 1
except as provided in subsection (f) of this section, the form: 2
(1) If submitted by mail, must be postmarked at least 25 days before the 3
election, except that any mailed application on which the postmark is 4
missing or unclear is validly submitted if received in the mail not later 5
than 20 days before the election, 6
(2) If submitted in person or by facsimile transmission, must be received 7
by the county board of elections by a time established by that board, 8
but no earlier than 5:00 P.M., on the twenty-fifth day before the 9
election, 10
(3) If submitted through a delegatee who violates the duty set forth in 11
subsection (a) of this section, must be signed by the applicant and 12
given to the delegatee not later than 25 days before the election, except 13
as provided in subsection (d) of this section. election. 14
(c1) If the application is submitted by facsimile transmission, a permanent copy of 15
the completed, signed form shall be delivered to the county board no later than 20 days 16
before the election. 17
(d) Instances When Person May Register and Vote on Election Day. – If a person 18
has become qualified to register and vote between the twenty-fifth day before an 19
election and election day, then that person may apply to register on election day by 20
submitting an application form described in G.S. 163-82.3(a) or (b) to: 21
(1) A member of the county board of elections; 22
(2) The county director of elections; or 23
(3) The chief judge or a judge of the precinct in which the person is 24
eligible to vote, 25
and, if the application is approved, that person may vote the same day. The official in 26
subdivisions (1) through (3) of this subsection to whom the application is submitted 27
shall decide whether the applicant is eligible to vote. The applicant shall present to the 28
official written or documentary evidence that the applicant is the person he represents 29
himself to be. The official, if in doubt as to the right of the applicant to register, may 30
require other evidence satisfactory to that official as to the applicant's qualifications. If 31
the official determines that the person is eligible, the person shall be permitted to vote in 32
the election and the county board shall add the person's name to the list of registered 33
voters. If the official denies the application, the person shall be permitted to vote a 34
challenged ballot under the provisions of G.S. 163-88.1, and may appeal the denial to 35
the full county board of elections. The State Board of Elections shall promulgate r