FILED SENATE
Jun 1, 2023
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 747
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS45341-LU-143
Short Title: Elections Law Changes. (Public)
Sponsors: Senators Hise, P. Newton, and Daniel (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE VARIOUS CHANGES REGARDING ELECTIONS LAW.
3 The General Assembly of North Carolina enacts:
4
5 PART I. ELECTION DAY INTEGRITY ACT
6 SECTION 1.1.(a) G.S. 163-231(b) reads as rewritten:
7 "(b) Transmitting Executed Absentee Ballots to County Board of Elections. – The sealed
8 container-return envelope in which executed absentee ballots have been placed shall be
9 transmitted to the county board of elections who issued those ballots as follows:
10 (1) All ballots issued under the provisions of this Article and Article 21A of this
11 Chapter shall be transmitted by mail or by commercial courier service, at the
12 voter's expense, or delivered in person, or by the voter's near relative or
13 verifiable legal guardian and received by the county board not later than 5:00
14 p.m. 7:30 P.M. on the day of the statewide primary or general election or
15 county bond election. Ballots issued under the provisions of Article 21A of
16 this Chapter may also be electronically transmitted.
17 (2) If ballots are received later than the hour stated in subdivision (1) of this
18 subsection, those ballots shall not be accepted unless one of the following
19 applies:federal law so requires or the ballots are received in accordance with
20 Article 21A of this Chapter or the State Board extended the closing time of
21 the polls for every poll in the county in accordance with G.S. 163-166.01. If
22 the State Board so extended the closing time of the polls, the ballots shall be
23 received by the closing time as extended by the State Board in order to be
24 counted.
25 a. Federal law so requires.
26 b. The ballots issued under this Article are postmarked and that postmark
27 is dated on or before the day of the statewide primary or general
28 election or county bond election and are received by the county board
29 of elections not later than three days after the election by 5:00 p.m.
30 c. The ballots issued under Article 21A of this Chapter are received by
31 the county board of elections not later than the end of business on the
32 business day before the canvass conducted by the county board of
33 elections held pursuant to G.S. 163-182.5."
34 SECTION 1.1.(b) G.S. 163-232.1(a) reads as rewritten:
35 "(a) The county board of elections shall prepare, or cause to be prepared, a list in at least
36 triplicate, of all absentee ballots issued under Article 20 of this Chapter this Article returned to
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 General Assembly Of North Carolina Session 2023
1 the county board of elections to be counted, which have been approved by the county board of
2 elections, have not been included on the certified list prepared pursuant to G.S. 163-232, and
3 which have been postmarked by the day of the statewide primary or general election or county
4 bond election and have been received by the county board of elections not later than three days
5 after the election by 5:00 p.m. 7:30 P.M., or the time provided in G.S. 163-231(b), on the day of
6 the statewide primary or general election or county bond election. The list shall be supplemented
7 with new information each business day following the day of the election until the deadline for
8 receipt of such absentee ballots. At the end of the list, the chairman chair shall execute the
9 following certificate under oath:
10 "State of North Carolina
11 County of ____
12 I, ____, chairman chair of the ____ County Board of Elections, do hereby certify that the
13 foregoing is a list of all executed absentee ballots to be voted in the election to be conducted on
14 the ____ day of ____ , which have been approved by the county board of elections and which
15 have been postmarked by the day of the statewide primary or general election or county bond
16 election and have been received by the county board of elections not later than three days after
17 the election by 5:00 p.m. 7:30 P.M., or the time provided in G.S. 163-231(b), on the day of the
18 statewide primary or general election or county bond election. I certify that the chairman, chair,
19 member, officer, or employee of the board of elections has not delivered ballots for absentee
20 voting to any person other than the voter, by mail or by commercial courier service or in person,
21 except as provided by law, and have not mailed or delivered ballots when the request for the
22 ballot was received after the deadline provided by law.
23 This the ____ day of ____, ____
24 _____________
25 (Signature of chairman chair of
26 county board of elections)
27 Sworn to and subscribed before me this ____ day of ____, ____.
28 Witness my hand and official seal.
29 __________
30 (Signature of officer
31 administering oath)
32 ________
33 (Title of officer)""
34 SECTION 1.1.(c) G.S. 163-234 reads as rewritten:
35 "§ 163-234. Counting absentee ballots by county board of elections.
36 All absentee ballots returned to the county board of elections in the container-return
37 envelopes shall be retained by the board to be counted by the county board of elections as follows:
38 (1) Only those absentee ballots returned to the county board of elections no later
39 than 5:00 p.m. on the day before election day in a properly executed
40 container-return envelope or absentee ballots received pursuant to
41 G.S. 163-231(b)(2)b. or c. G.S. 163-231(b)(2) shall be counted, except to the
42 extent federal law requires otherwise.counted.
43 (2) The county board of elections shall meet at 5:00 p.m. on election day in the
44 board office or other public location in the county courthouse for the purpose
45 of counting all absentee ballots except those which have been challenged
46 before 5:00 p.m. on election day and those received pursuant to
47 G.S. 163-231(b)(2)b. or c. G.S. 163-231(b)(2). Any elector of the county shall
48 be permitted to attend the meeting and allowed to observe the counting
49 process, so long as the elector does not in any manner interfere with the
50 election officials in the discharge of their duties.
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1 The county board of elections may begin counting absentee ballots issued
2 under Article 21A of this Chapter between the hours of 9:00 a.m. and 5:00
3 p.m. and may begin counting all absentee ballots between the hours of 2:00
4 p.m. and 5:00 p.m. upon the adoption of a resolution at least two weeks prior
5 to the election in which the hour and place of counting absentee ballots shall
6 be stated. The resolution also may provide for an additional meeting following
7 the day of the election and prior to the day of canvass to count absentee ballots
8 received pursuant to G.S. 163-231(b)(2)b. or c. G.S. 163-231(b)(2) as
9 provided in subdivision (11) of this section. A copy of the resolution shall be
10 published once a week for two weeks prior to the election, in a newspaper
11 having general circulation in the county. Notice may additionally be made on
12 a radio or television station or both, but the notice shall be in addition to the
13 newspaper and other required notice. The count shall be continuous until
14 completed and the members shall not separate or leave the counting place
15 except for unavoidable necessity, except that if the count has been completed
16 prior to the time the polls close, it shall be suspended until that time pending
17 receipt of any additional ballots. Nothing in this section prohibits a county
18 board of elections from taking preparatory steps for the count earlier than the
19 times specified in this section, as long as the preparatory steps do not reveal
20 to any individual not engaged in the actual count election results before the
21 times specified in this subdivision for the count to begin. By way of
22 illustration and not limitation, a preparatory step for the count would be the
23 entry of tally cards from direct record electronic voting units into a computer
24 for processing. The board shall not announce the result of the count before
25 7:30 p.m.
26 …
27 (9) In the event a political party does not have a member of the county board of
28 elections present at the meeting to count absentee ballots due to illness or other
29 cause of the member, the counting shall not commence until the county party
30 chairman chair of the absent member, or a member of the party's county
31 executive committee, is in attendance. The person shall act as an official
32 witness to the counting and shall sign the absentee ballot abstract as an
33 "observer".
34 …
35 (11) The county board of elections shall meet after election day and prior to the
36 date of canvass to determine whether the container-return envelopes for
37 absentee ballots received pursuant to G.S. 163-231(b)(2)b. or c.
38 G.S. 163-231(b)(2) have been properly executed. The county board of
39 elections shall comply with the requirements of G.S. 163-230.1 for approval
40 of applications. Any absentee ballots received pursuant to
41 G.S. 163-231(b)(2)b. or c. G.S. 163-231(b)(2) shall be counted by the county
42 board of elections on the day of canvass. The county board of elections may
43 also meet following the day of the election and prior to the day of canvass to
44 count absentee ballots received pursuant to G.S. 163-231(b)(2)b. or c.
45 G.S. 163-231(b)(2) upon the adoption of a resolution pursuant to subdivision
46 (2) of this section. The county board of elections shall comply with all other
47 requirements of this section and G.S. 163-230.1 for the counting of these
48 absentee ballots.ballots received pursuant to G.S. 163-231(b)(2)."
49 SECTION 1.1.(d) G.S. 163-89(a) reads as rewritten:
50 "(a) Time for Challenge. – The absentee ballot of any voter received by the county board
51 of elections pursuant to G.S. 163-231(b)(1) may be challenged on the day of any statewide
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1 primary or general election or county bond election beginning no earlier than noon and ending
2 no later than 5:00 P.M., or by the chief judge at the time of closing of the polls as provided in
3 G.S. 163-232 and G.S. 163-258.26(b). The absentee ballot of any voter received by the county
4 board of elections pursuant to G.S. 163-231(b)(ii) or (iii) G.S. 163-231(b)(2) may be challenged
5 no earlier than noon on the day following the election and no later than 5:00 p.m. on the next
6 business day following the deadline for receipt of such absentee ballots."
7 SECTION 1.2.(a) G.S. 163-227.10 is amended by adding a new subsection to read:
8 "(c) Each county board of elections and the State Board shall publish on its website and
9 on any materials sent to voters the date by which absentee ballots are available for voting."
10 SECTION 1.2.(b) G.S. 163-230.1 is amended by adding a new subsection to read:
11 "(a2) Publish Deadline for Written Request. – Each county board of elections and the State
12 Board shall publish on its website and on any materials sent to voters the date by which a
13 completed request form as described in subsection (a) of this section must be received by a county
14 board of elections."
15 SECTION 1.3. Article 20 of Chapter 163 of the General Statutes is amended by
16 adding a new section to read:
17 "§ 163-232.2. Ballot reporting.
18 (a) Each county board of elections shall report the following to the State Board during
19 each day of the one-stop early voting period:
20 (1) The number of absentee ballots that have been spoiled due to the voter voting
21 in person at a one-stop voting site.
22 (2) The number of outstanding absentee ballots.
23 (b) From the day after the day of the election through the day after the receipt deadline
24 for absentee ballots, each county board of elections shall report the following to the State Board
25 by 5:00 P.M. each day:
26 (1) The number of absentee ballots that have been counted.
27 (2) The number of outstanding absentee ballots.
28 (3) The number of voted provisional ballots.
29 (c) The State Board shall publish each report received by a county board of elections
30 pursuant to this section on its website each day. Each list shall be made publicly available and
31 published in a readable and usable format."
32 SECTION 1.4. This Part is effective when it becomes law and applies to elections
33 held on or after that date.
34
35 PART II. PROHIBIT PRIVATE MONEY IN ELECTIONS ADMINISTRATION
36 SECTION 2.1. G.S. 163-22 is amended by adding a new subsection to read:
37 "(s) Nothing in this Chapter shall grant authority to the State Board of Elections to accept
38 private monetary donations, directly or indirectly, for conducting elections or employing
39 individuals on a temporary basis."
40 SECTION 2.2. G.S. 163-33 is amended by adding a new subdivision to read:
41 "(17) Nothing in this Chapter shall grant authority to county boards of elections to
42 accept private monetary donations, directly or indirectly, for conducting
43 elections or employing individuals on a temporary basis."
44 SECTION 2.3. G.S. 163-37 reads as rewritten:
45 "§ 163-37. Duty of county board of commissioners.
46 (a) The respective boards of county commissioners shall appropriate reasonable and
47 adequate funds necessary for the legal functions of the county board of elections, including
48 reasonable and just compensation of the director of elections.
49 (b) Nothing in this Chapter shall grant authority to county boards of commissioners to
50 accept private monetary donations, directly or indirectly, for conducting elections or employing
51 individuals on a temporary basis."
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1 SECTION 2.4. This Part is effective when it becomes law.
2
3 PART III. REMOVE FOREIGN CITIZENS FROM VOTING ROLLS
4 SECTION 3.1. G.S. 9-3 reads as rewritten:
5 "§ 9-3. Qualifications of prospective jurors.
6 All persons are qualified to serve as jurors and to be included on the master jury list who are
7 citizens of the State United States, residents of the State, and residents of the county, who have
8 not served as jurors during the preceding two years or who have not served a full term of service
9 as grand jurors during the preceding six years, who are 18 years of age or over, who are physically
10 and mentally competent, who can understand the English language, who have not been convicted
11 of a felony or pleaded guilty or nolo contendere to an indictment charging a felony (or if
12 convicted of a felony or having pleaded guilty or nolo contendere to an indictment charging a
13 felony have had their citizenship restored pursuant to law), and who have not been adjudged non
14 compos mentis. Persons not qualified under this section are subject to challenge for cause."
15 SECTION 3.2. G.S. 9-6 reads as rewritten:
16 "§ 9-6. Jury service a public duty; excuses to be allowed in exceptional cases; procedure.
17