H770: Cast Vote Records. Latest Version

Session: 2023 - 2024

Passed 1st Reading
Passed 3rd Reading
Passed 1st Reading


The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 163‑165 reads as rewritten:

§ 163‑165.  Definitions.

In addition to the definitions stated below, the definitions set forth in Article 15A of this Chapter also apply to this Part. Article. As used in this Part:Article:

(3a)      Cast vote record means a de‑identified electronic record of voter's choices for each ballot item electronically created by a voting system utilizing mechanical or electronic voting equipment to tabulate ballots.


SECTION 2.  G.S. 163‑165.1 reads as rewritten:

§ 163‑165.1.  Scope and general rules.

(e)        Access to Voted Ballots. – Voted ballots and any paper and electronic records of associated with those individual voted ballots shall be treated as confidential, and no person other than elections officials performing their duties may have access to voted ballots or paper or electronic records of individual voted ballots those documents except by court order or by order of the appropriate board of elections as part of the resolution of an election protest or investigation of an alleged election irregularity or violation. Voted ballots and any paper and electronic records of associated with those individual voted ballots shall not be disclosed to members of the public in such a way as to disclose how a particular voter voted, unless a court orders otherwise. disclose the identity of a voter. Elections officials shall redact any information identifying a voter before releasing documents under this subsection to the public.

(f)        Access to Cast Vote Records. – Cast vote records shall be a public record.

(g)        Violation. – Any person who has access to an official a voted ballot or record and any paper and electronic record associated with that individual voted ballot and knowingly discloses in violation of this section how an individual has voted that ballot is guilty of a Class 1 misdemeanor.

SECTION 3.(a)  G.S. 163‑165.7(a) is amended by adding a new subdivision to read:

(9)      That the voting system supports the creation of a cast vote record.

SECTION 3.(b)  This section becomes effective January 1, 2024, for counties that use voting equipment capable of collecting cast vote records, and July 1, 2024, for all other counties, and applies to elections held on or after that date.

SECTION 4.  G.S. 163‑165.9(b) reads as rewritten:

(b)      After the acquisition of any voting system, the county board of elections shall comply with any requirements of the State Board of Elections regarding training and support of the voting system by completing including all of the following:

(5)        The county board of elections shall require all electronic voting systems to create cast vote records.

SECTION 5.  If Senate Bill 747, 2023 Regular Session, becomes law, G.S. 163‑33(17), as enacted by that act, reads as rewritten:

(17)    Notwithstanding any other provision of law, to retain and preserve all voted ballots, election results tapes, cast vote records, and executed ballot applications for a period of 22 months after the corresponding election or as otherwise specified in federal law, whichever is greater.

SECTION 6.  Except as otherwise provided, this act becomes effective January 1, 2024.