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HomeMy WebLinkAboutAgenda - 09-17-2013 - 4bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 17, 2013 Action Agenda Item No. 4 -b SUBJECT: Recent Election/Voting Law Changes Update DEPARTMENT: Board of Elections PUBLIC HEARING: (Y /N) No ATTACHMENT(S): INFORMATION CONTACT: Tracy Reams, Elections Director (919) 245 -2351 1 PURPOSE: To receive an update on the ratified Session Law 2013 -131 — House Bill 589 Election law changes. BACKGROUND: House Bill 589 was approved on August 12, 2013. Outlined below are various election law changes in House Bill 589 that will likely have the greatest impact on elections held in Orange County. Effective September 1, 2013 — • G.S. 163 -82.1 (d) is repealed. Preregistration: Prior to September 1, 2013 a person who is at least 16 years of age may preregister to vote and shall be automatically registered upon reaching the age of eligibility. Preregistrations received prior to September 1, 2013 will remain in queue and will be automatically registered upon reaching the age of eligibility. 17 year olds can still register and vote in a Primary Election if they will be 18 years of age by the General Election. Effective October 1, 2013 — • G.S. 163- 226.4.6(b) Multi- partisan Teams: The county board of elections must recruit and train multi - partisan teams to promptly assist patients and residents of any hospital, clinic, nursing home, or rest home in that county in casting absentee ballots. Elections staff has consulted with the League of Women Voters, and the League has expressed its desire to be a part of the team in addition to the Chairs of the Democratic and Republican parties. • G.S. 163 - 82.22.5.2 Photo ID public education: The State Board of Elections (SBOE) and county boards shall disseminate information about photo identification requirements for voting, providing information on how to obtain photo identification appropriate for voting, and assist any registered voter without photo identification appropriate for voting with obtaining such photo identification. Information will be distributed through, public service announcements, print, radio, online and social media. Any mailings from the county boards of elections to voters shall include information about the photo identification requirements. Counties shall also post at the polls and at early voting sites beginning with the 2014 Primary Election information about the photo identification requirements. • G.S. 163 - 82.22.5.5 Use of electronic and digital information: By April 1, 2014, the State Board of Elections shall review and report to the Joint Legislative Elections Oversight Committee the steps recommended to implement using electronic pollbooks in all polling places to assist in identifying individuals attempting to vote more than once and to assist in obtaining digital photographs of registered voters and verifying the identity of those voters including the taking of digital photographs at the polling place. Effective January 1, 2014 — • G.S. 163 -45 was rewritten. Poll Observers: The Chair of each political party has the right to designate two observers to attend each polling place. This bill also allows them to designate ten additional at -large observers who may attend any voting place. Not more than two observers from the same party shall be permitted in the voting enclosure except that one of the at -large observers from each party may also be in the voting enclosure. • G.S. 163- 55(c)5 was rewritten. Voting in incorrect precinct: A provisional ballot shall not be counted if the voter did not voter in the proper precinct. Prior to this bill, all contests were counted on a provisional ballot in which the voter was eligible to vote regardless of the voting location. • G.S. 163 -82.6A was rewritten. Same day voter registration: Eliminates registering and voting during the one -stop early voting period for those who miss the 25 day registration deadline. • G.S. 163- 82.6(b) was rewritten. "Wet Ink" on voter registration forms: An electronically captured signature shall not be valid on a voter registration form unless it is on an electronic voter registration form offered by a State agency. • G.S. 163 -82.25 is repealed. Mandated voter registration drives: Prior to this bill, Boards of Elections were mandated to coordinate and conduct voter registration drives at all public high schools in the county traditionally during the month of September. Elections staff will continue to work with the high schools to assist in registration drives as well as any other interested organization. • G.S. 163 -84 was rewritten. Challenges made other than on Election Day: Challenges can be made by any registered voter of the State. Prior to this bill, challenges could only be made by a registered voter in the county. • G.S 163 -87 was rewritten. Challenges made on Election Day: Challenges can be made by any registered voter of the county. Prior to this bill, challenges could only be made by a registered voter in the precinct. • G.S. 163- 165.6(d) was rewritten. Order of parties on ballot: Candidate nominees of political parties that reflect at least 5% of statewide voter registration in alphabetical order by party beginning with the party whose nominee for Governor received the most votes in the most recent gubernatorial election and in alphabetical order within the party shall be listed first on the ballot. (The underlined part is the noted change.) • G.S.163- 165.6(e) was rewritten. Straight Party Voting: Each official ballot shall not contain any place that allows a voter with one mark to vote for the candidates of a party for more than one office. • G.S. 163 -213.2 was rewritten. Date of Presidential Primary: Presidential preference primary shall be held on the Tuesday after the first Monday in May, except that if South Carolina holds its presidential primary before the 15th day of March, the NC presidential K primary shall be held on the Tuesday after the SC presidential preference primary. All other NC primaries will be held in May. • G.S. 163 -227.2 was rewritten. Early voting sites within a county: Early voting shall begin no earlier than the second Thursday before an election and shall end no later than 1:00 p.m. on the last Saturday before an election. Any plan adopted shall provide for the same days of operation and same number of hours of operation on each day for all sites in the county for that election. Prior to this bill, early voting began on the third Thursday before an election and had the option to extend hours the last Saturday until 5:00 p.m. The local Board had the option of setting different days and hours for the approved sites. • G.S. 163 -227.2 is amended by adding a new subsection. Hours for early voting: For any county who provided for one or more sites during 2010 or 2012 elections, they shall calculate the cumulative total number of scheduled voting hours at all sites and ensure that at least the same number of hours offered in 2010 Primary and General is offered for the 2014 Primary and General and the same number of hours offered in 2012 Primary and General is offered for the 2016 Primary and General Elections respectively. There is also an added amendment whereas a county board by unanimous vote of the board may submit a request to the SBOE to reduce the number of hours. The reduction shall take effect only if approved by unanimous vote of the SBOE with all members present and voting. • G.S. 163- 229(b) was rewritten. Absentee voting: Requires two persons to witness the casting of the absentee ballot, those person's names, addresses and signature and also added space for the name and address of any person who assisted the voter. The requirement for two witnesses shall be satisfied if witnessed by one notary public with a valid seal and signature. The law states that a notary may not charge any fee. Prior to this bill, only one witness was required. This law does not apply to military or overseas voters whose requirements are one witness. • G.S. 163 -230.1 was rewritten. Method of requesting ballots. An absentee ballot request is valid only if it is on a form created by the State Board of Elections. The voter or near relative must provide either a driver's license /special identification number or the last four digits of the social security number. The form will be available on the SBOE website, Orange County Board of Elections (BOE) website, in the BOE office and will be mailed to voter upon request. Prior to this bill, the request had to be written entirely by the requester personally or on a form generated by the county board of elections that could not be reproduced. • G.S. 163 - 278.13 was rewritten. Limitation on contributions. No candidate or political committee can accept and /or contribute in excess of $5,000 for an election except for a candidate or a candidate's spouse who can give unlimited amounts. Prior to this bill, the limit was $4,000 and the persons who could give unlimited amounts included the candidate's parents, brothers and sisters. It also provides a means to increase the limitations effective every odd - numbered year by a formula set out in the amendment • G.S. 163 -287 was rewritten. Special Election Dates: Special elections may be held only at the time as any other State, county or municipal election. Exceptions are any special election related to public health or safety, including a vacancy in the office of sheriff or a bond referendum for financing of health and sanitation systems. This also does not apply to local acts. • Part 28 — Section 28.1 — Reduce need for second primary: The Joint Legislative Elections Oversight Committee shall study the second primary and recommend to the General Assembly any legislation it deems advisable. Final report shall be made before the convening of the 2015 regular session of the General Assembly. M Effective January 1, 2016 — • G.S. 163 - 166.13 amended by adding new section. Photo identification requirement for voting in person: Every qualified voter shall present photo identification bearing any reasonable resemblance except curbside voters, voters who have religious objection to being photographed and victims of natural disaster occurring within 60 days of the election. Instead of photo identification, curbside voters may present a utility bill, bank statement, paycheck or other government documents that shows the name and address. Voters who on account of religious belief or natural disaster victims must sign a declaration to that affect. Effective January 1, 2018 — • Part 30 — Section 30.8 — DRE Voting Systems: Any direct record electronic voting systems currently certified by the SBOE which do not use paper ballots shall be decertified and shall not be used in any election held on or after January 1, 2018. Orange County has optical scan M100 voting machines, so this will have no impact. Implementation of Voter Photo Identification: • Part 3 of HB 589 states a registered voter may obtain a special identification card without paying a fee if the registered voter signs a declaration stating they do not have other photo identification acceptable. The fee to obtain a special identification card does not apply if the applicant is legally blind, at least 70 years old or is homeless. Voters cannot be charged any fees to obtain a certified copy of birth certificate or marriage license necessary to obtain acceptable photo identification. Registered voters will be provided with this information. • Part 6 of HB 589 states that at any election between May 1, 2014 and January 1, 2016, any registered voter may present photo identification but is not required to do so. Voters shall be notified that photo identification will be needed to vote beginning in 2016 and will be asked if that voter has one of the approved forms of identification. If the voter indicates he or she does not have the appropriate photo identification for voting, that voter will be asked to sign an acknowledgement of the requirement and be given a list of approved forms of identification and information on how to obtain such. The list of names of those voters who signed an acknowledgment will be public record. • Boards of Elections are not responsible for issuing IDs at this time. The Orange County Board of Elections is committed to work diligently to ensure the public is aware of the requirements and will assist voters as much as possible to obtain the necessary identification. FINANCIAL IMPACT: The 2013 -2014 Budget Year financial impact remains unknown at this time. Due to the number of reduced early voting days and the requirement to offer the same amount of hours offered for the 2010 Primary Election, Elections staff will have to be open extended hours, requiring over -time pay for one -stop staff in addition to the probability of having to open more than the four budgeted early voting sites for the 2014 Primary Election. Due to the mandated changes, various forms, voter cards, voter information material and absentee applications will have to be re- printed prior to the 2014 Primary Elections at an estimated cost of $15,000. RECOMMENDATION(S): The Manager recommends that the Board receive the update on the ratified Session Law 2013 -131 — House Bill 589 Election law changes.