AN ACT to prohibit interference with the conduct of elections at voting places and to protect a voter's private data.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 22 of Chapter 163 of the General Statutes is amended by adding a new section to read:

§ 163‑271.2.  Interference with conduct of elections.

(a)        A person acting under the color of law shall not order or authorize the presence of any troops or armed persons in the civil, military, or naval service of this State or the United States at any location used as a voting place, including any parking areas used for voting, beginning 17 days before an election through the close of the voting place on election day, unless such force is necessary to repel armed enemies of the United States. For purposes of this section, color of law means to act or purport to act in the performance of official duties under the authority of a statute, ordinance, regulation, rule, proclamation, or order of the United States or this State.

(b)        Nothing in this section shall be construed to prevent any officer or member of any troops or the armed forces of this State or the United States from exercising the right to vote.

(c)        This section shall not apply to (i) law enforcement whose presence is otherwise required by law or who is responding to a request for assistance regarding a specific emergency or disturbance that exists at the time the request for assistance is made, or (ii) a request for assistance from an election officer with jurisdiction over the election process in question.

(d)       Any person aggrieved by a violation of this section may bring an action for preventive relief, including an application in a district court for a permanent or temporary injunction, restraining order, or other order. In any action commenced pursuant to this section, the court, in its discretion, may allow the prevailing party reasonable attorneys' fees.

(e)        In addition to any other fine or penalty imposed by this section, the court may order any person liable for violating this section to pay a civil penalty, the amount of which shall be determined by the court and be commensurate with the seriousness of the offense.

(f)        This section shall be enforced in addition to any other existing civil and criminal penalties established under this Chapter.

SECTION 2.  G.S. 163‑82.10(a1) reads as rewritten:

(a1)    Personal Identifying Information. – Full or partial social security numbers; dates of birth; the identity of the public agency at which the voter registered under G.S. 163‑82.20; any email address submitted under this Article, Article 20, or Article 21A of this Chapter; photographs for voter photo identification under G.S. 163‑82.8A; photocopies of identification for voting; voter registration numbers; passport numbers; telephone numbers; and drivers license numbers, whether held by the State Board or a county board of elections, are confidential and shall not be considered public records and subject to disclosure to the general public under Chapter 132 of the General Statutes. Cumulative data based on those items of information may be publicly disclosed as long as information about any individual cannot be discerned from the disclosed data. The State Board or a county board of elections shall not disclose any information described under this subsection pursuant to a request by the federal government or a federal agency without a court order or an arrest warrant signed by a judge. Disclosure of information in violation of this subsection shall not give rise to a civil cause of action. This limitation of liability does not apply to the disclosure of information in violation of this subsection as a result of gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable.

SECTION 3.  If any clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this act but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part directly involved in the controversy in which such judgment shall have been rendered.

SECTION 4.  Sections 2 and 3 of this act are effective when they become law. The remainder of this act is effective when it becomes law and applies to elections held on or after that date.