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No events on calendar for this bill.
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Representative George G. Cleveland(R)
Representative Ted Davis, Jr.(R)
Representative Harry Warren(R)
Representative Mike Clampitt(R)
Representative Jake Johnson(R)
Representative Keith Kidwell(R)
Representative Donnie Loftis(R)
Representative Jeffrey C. McNeely(R)
Representative Ben T. Moss, Jr.(R)
Representative Bill Ward(R)
Representative David Willis(R)
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Ref to the Com on Election Law and Campaign Finance Reform, if favorable, Rules, Calendar, and Operations of the HouseHouse2023-04-19Passed 1st ReadingHouse2023-04-19Filed
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FiledNo fiscal notes available.Edition 1No fiscal notes available.
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BOARDS
COUNTIES
DATA & RECORDS SYSTEMS
ELECTIONS
ELECTIONS BOARDS
ELECTIONS
STATE BOARD OF
INFORMATION TECHNOLOGY
LOCAL GOVERNMENT
PUBLIC
PUBLIC OFFICIALS
VOTER REGISTRATION
RECORDS
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163 (Chapters); 163-82.14 (Sections)
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No counties specifically cited.
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H728: Weekly Maintenance of Voter Reg. Records. Latest Version
Session: 2023 - 2024
AN ACT to require that list maintenance of voter rolls be conducted on a weekly basis.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 163‑82.14 reads as rewritten:
§ 163‑82.14. List maintenance.
(a) Uniform Program. Requirement for List Maintenance. – The In accordance with this section, the State Board of Elections shall adopt a uniform program that makes a diligent effort not less than twice each year:and county boards of elections shall maintain the list of eligible voters in the State by providing for the following:
(1) To remove The removal of the names of ineligible voters from the official lists of eligible voters, andvoters.
(2) To update Updates to the addresses and other necessary data of persons who remain on the official lists of eligible voters.
(a1) That program Methods of List Maintenance; Cross State Checks. – List maintenance efforts under this section shall be nondiscriminatory and shall comply with the provisions of the Voting Rights Act of 1965, as amended, and with the provisions of the National Voter Registration Act. The State Board of Elections, Board, in addition to the methods set forth in this section, may use other methods toward the ends set forth in subdivisions (1) and (2) of this subsection, subsection (a) of this section, including address‑updating services provided by the Postal Service, Service and entering into data sharing agreements with other states to cross‑check information on voter registration and voting records. Any data sharing agreement shall require the other state or states to comply with G.S. 163‑82.10 and G.S. 163‑82.10B. Each county board of elections shall conduct systematic efforts to remove names from its list of registered voters in accordance with this section and with the program adopted by the State Board. The county boards of elections shall complete their list maintenance mailing program by April 15 of every odd‑numbered year, unless the State Board of Elections approves a different date for the county.
(b) Death. – The In order to remove the names of deceased persons from the list of eligible voters in this State, the following shall occur:
(1) At a minimum of once per week, the Department of Health and Human Services shall furnish free of charge to the State Board of Elections every month, Executive Director, in a format prescribed by the State Board of Elections, Board, the names of deceased persons who were residents of the State. The State Board of Elections Upon receipt of the list from the Department of Health and Human Services, the Executive Director shall distribute every month to each county board of elections the names on that list of deceased persons who were residents of that county. The Department of Health and Human Services shall base each list upon information supplied by death certifications it received during the preceding month. Upon the receipt of those names, each county board of elections shall remove from its voter registration records any person the list shows to be dead.dead each week.
(2) Each county board of elections shall also remove from its voter registration records a person identified as deceased by Upon receipt of a signed statement of a near relative or personal representative of the estate of the a deceased voter. voter indicating that the person has deceased, a county board of elections shall remove the person identified as deceased from its voter registration records within one week of receipt of the signed statement. The county board need not does not need to send any notice to the address of the person so removed.person before removing the person from its voter registration records.
(c) Conviction of a Felony. – In order to remove the names of ineligible individuals from the list of eligible voters in this State, the following shall occur:
(1) Report of Conviction Within the State. – The State Board of Elections, on or before the fifteenth day of every month, At a minimum of once per week, the Executive Director shall report to the county board of elections of that county the name, county of residence, and residence address if available, of each individual compile a list of individuals against whom a final judgment of conviction of a felony within this State has been entered in that county in the preceding calendar month.entered. The Executive Director shall report to each appropriate county board of elections the names of individuals from that county appearing on such list each week.
(2) Report of Federal Conviction. – The At a minimum of once per week, the Executive Director of the State Board of Elections, upon receipt of shall compile a list of individuals against whom a federal conviction has been reported, based on a notice of conviction sent by a United States Attorney pursuant to section 8(g) of the National Voter Registration Act, Act, upon receipt. The Executive Director shall notify the report to each appropriate county boards of elections of the conviction.names of individuals from that county appearing on such list each week.
(3) County Board's Duty Upon Receiving Report of Conviction. – When a county board of elections receives a notice pursuant to subdivision (1) or (2) of this subsection relating to a resident of that county and that person is registered to vote in that county, the county board of elections shall, after giving 30 days' written notice to the voter at his registration address, the address associated with that voter registration, and if the voter makes no objection, remove the person's name from its registration records. If the voter notifies the county board of elections of his objection to the removal within 30 days of the notice, the chairman chair of the county board of elections shall enter a challenge under G.S. 163‑85(c)(5), and the notice the county board of elections received pursuant to this subsection shall be prima facie evidence for the preliminary hearing that the registrant was convicted of a felony.
(d) Change of Address. – A county board of elections shall conduct a systematic program In order to remove from its list of registered voters those the names of individuals who have moved out of the county, and to update the registration records of persons who have moved within the county. The county board shall remove a person from its list if the registrant:the following shall occur:
(1) Gives At a minimum of once per week, a county board of elections shall remove from its voter registration records the names of individuals who give confirmation in writing of a change of address for voting purposes out of the county. Confirmation in writing for purposes of this subdivision shall include:include any of the following:
a. A report to the county board from the Department of Transportation or from a voter registration agency listed in G.S. 163‑82.20 that the voter has reported a change of address for voting purposes outside the county;county.
b. A notice of cancellation received under G.S. 163‑82.9; orG.S. 163‑82.9.
c. A notice of cancellation received from an election jurisdiction outside the State.
(2) Fails Following each congressional election, the county board of elections shall send to each registered voter who has not voted or confirmed the voter's address by another means a confirmation mailing. The county board of elections shall remove from its voter registration records the names of individuals who fail to respond to a the confirmation mailing sent by the county board in accordance with this subdivision and does who do not vote or appear to vote in an election beginning on the date of the notice and ending on the day after the date of the second general election for the United States House of Representatives that occurs after the date of the notice. A county board of elections sends a confirmation notice in accordance with this subdivision if the notice:notice complies with all of the following:
a. Is a postage prepaid and preaddressed return card, sent by forwardable mail, on which the registrant may state current address;address.
b. Contains or is accompanied by a notice to the effect that if the registrant did not change residence but remained in the county, the registrant should return the card not later than the deadline for registration by mail in G.S. 163‑82.6(d)(1); andG.S. 163‑82.6(d)(1).
c. Contains or is accompanied by information as to how the registrant may continue to be eligible to vote if the registrant has moved outside the county.
A county board shall send a confirmation mailing in accordance with this subdivision to every registrant after every congressional election if the county board has not confirmed the registrant's address by another means.
(3) Any registrant registered voter who is removed from the list of registered voters pursuant to this subsection shall be reinstated if the voter appears to vote and gives oral or written affirmation that the voter has not moved out of the county but has maintained residence continuously within the county. That person shall be allowed to vote as provided in G.S. 163‑82.15(f).
(e) Cooperation on List Maintenance Efforts. – The State Board of Elections has the authority to perform list maintenance under this section with the same authority as a county board.
(f) Annual Report on List Maintenance Efforts. – County board of elections shall submit to the State Board of Elections an annual report, on or before September 1 of each year, of its list maintenance under this section. The State Board of Elections shall compile annual reports received from the county board of elections and submit the reports to the Joint Legislative Elections Oversight Committee on or before October 1 of each year.
SECTION 2. This act becomes effective October 1, 2023.