Bill Summary – FastDemocracy

H.B. 816
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                               Apr 18, 2023
                                      SESSION 2023                                       HOUSE PRINCIPAL CLERK
     H                                                                                                  D
                                      HOUSE BILL DRH30284-ST-43
     Short Title:   Poll Observers.                                                               (Public)
     Sponsors:      Representative Mills.
     Referred to:
                                      A BILL TO BE ENTITLED
 AN ACT TO AUTHORIZE CERTIFIED POLL OBSERVERS TO OBSERVE OPENING
     PROCEDURES AT EARLY ONE-STOP VOTING SITES AND ON ELECTION DAY.
 The General Assembly of North Carolina enacts:
             SECTION 1. G.S. 163-166.5 reads as rewritten:
 "§ 163-166.5. Procedures at voting place before voting begins.
     (a)     The State Board of Elections shall promulgate adopt rules for precinct officials to
 regarding the set up of the voting place before voting begins. Those rules shall
 emphasize:emphasize all of the following:
             (1)      Continual participation or monitoring by officials of more than one party.
             (2)      Security of official ballots, records, and equipment.
             (3)      The appearance as well as the reality of care, efficiency, impartiality, and
                      honest election administration.
     (b)     The rules shall permit the observers appointed under G.S. 163-45 to witness, but not
 participate in, the set up of each voting place prior to voters entering the voting place to vote.
     (c)     The county boards of elections and precinct officials shall adhere to those
 procedures.the rules adopted pursuant to this section."
             SECTION 2. G.S. 163-234(2) reads as rewritten:
             "(2) The county board of elections shall meet at 5:00 p.m. on election day in the
                      board office or other public location in the county courthouse for the purpose
                      of counting all absentee ballots except those which have been challenged
                      before 5:00 p.m. on election day and those received pursuant to
                      G.S. 163-231(b)(2)b. or c. Any elector of the county shall be permitted to
                      attend the meeting and allowed to observe the counting process, so long as the
                      elector does not in any manner interfere with the election officials in the
                      discharge of their duties.
                          The county board of elections may begin counting absentee ballots issued
                      under Article 21A of this Chapter between the hours of 9:00 a.m. and 5:00
                      p.m. and may begin counting all absentee ballots between the hours of 2:00
                      p.m. and 5:00 p.m. upon the adoption of a resolution at least two weeks prior
                      to the election in which the hour and place of counting absentee ballots shall
                      be stated. The resolution also may provide for an additional meeting following
                      the day of the election and prior to the day of canvass to count absentee ballots
                      received pursuant to G.S. 163-231(b)(2)b. or c. as provided in subdivision (11)
                      of this section. A copy of the resolution shall be published once a week for
                      two weeks prior to the election, in a newspaper having general circulation in
                                     *DRH30284-ST-43*
     General Assembly Of North Carolina                                                   Session 2023
                   the county. Notice may additionally be made on a radio or television station
                   or both, but the notice shall be in addition to the newspaper and other required
                   notice. The count shall be continuous until completed and the members shall
                   not separate or leave the counting place except for unavoidable necessity,
                   except that if the count has been completed prior to the time the polls close, it
                   shall be suspended until that time pending receipt of any additional ballots.
                   Nothing in this section prohibits a county board of elections from taking
                   preparatory steps for the count earlier than the times specified in this section,
                   as long as the preparatory steps do not reveal to any individual not engaged in
                   the actual count election results before the times specified in this subdivision
                   for the count to begin. By way of illustration and not limitation, a preparatory
                   step for the count would be the entry of tally cards from direct record
                   electronic voting units into a computer for processing. The county board shall
                   not announce the result of the count before 7:30 p.m. Upon announcement of
                   the result of the count, the documents associated with that count are a public
                   record and shall be available for public inspection in accordance with Chapter
                   132 of the General Statutes."
           SECTION 3. This act is effective when it becomes law and applies to elections
 conducted on or after that date.
     Page 2                                                                         DRH30284-ST-43
Statutes affected: 
Filed: 163-166.5, 163-234
Edition 1: 163-166.5, 163-234