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North Carolina Statutes § 163-166.3 Limited access to the voting enclosureVersion dated Oct. 30, 2024

Statute Text

Effective Until 1/1/2024

(a) Persons Who May Enter Voting Enclosure. - During the time allowed for voting in the voting place, only the following persons may enter the voting enclosure:
(1) An election official.
(2) An observer appointed pursuant to G.S. 163-45 .
(3) A runner appointed pursuant to G.S. 163-45 , but only to the extent necessary to announce that runner's presence and to receive the voter list as provided in G.S. 163-45 .
(4) A person seeking to vote in that voting place on that day but only while in the process of voting or seeking to vote.
(5) A voter in that precinct while entering or explaining a challenge pursuant to G.S. 163-87 or G.S. 163-88 .
(6) A person authorized under G.S. 163-166.8 to assist a voter but, except as provided in subdivision (7) of this section, only while assisting that voter.
(7) Minor children of the voter under the age of 18, or minor children under the age of 18 in the care of the voter, but only while accompanying the voter and while under the control of the voter.
(8) Persons conducting or participating in a simulated election within the voting place or voting enclosure, if that simulated election is approved by the county board of elections.
(9) Any other person determined by election officials to have an urgent need to enter the voting enclosure but only to the extent necessary to address that need.
(b) Photographing Voters Prohibited. - No person shall photograph, videotape, or otherwise record the image of any voter within the voting enclosure, except with the permission of both the voter and the chief judge of the precinct. If the voter is a candidate, only the permission of the voter is required. This subsection shall also apply to one-stop sites under G.S. 163-227.2 , 163-227.5 , and 163-227.6 . This subsection does not apply to cameras used as a regular part of the security of the facility that is a voting place or one-stop site.
(c) Photographing Voted Ballot Prohibited. - No person shall photograph, videotape, or otherwise record the image of a voted official ballot for any purpose not otherwise permitted under law.

History

2001-460, s. 3; 2005-428, s. 1(b); 2007-391, s. 23; 2008-187, s. 33(a); 2017-6, s. 3; 2018-144, s. 3.4(b); 2018-146, s. 3.1(a), (b).

Effective Starting 1/1/2024

(a) Persons Who May Enter Voting Enclosure. - During the time allowed for voting in the voting place, only the following persons may enter the voting enclosure:
(1) An election official.
(2) An observer [appointed pursuant to G.S. 163-45 .] or student election assistant acting in accordance with Article 5 of this Chapter.
(3) A runner [appointed pursuant to G.S. 163-45 , but] only to the extent necessary to announce that runner's presence and to receive the voter list as provided in [ G.S. 163-45 .] G.S. 163-45.2 .
(4) A person seeking to vote in that voting place on that day but only while in the process of voting or seeking to vote.
(5) A voter in that precinct while entering or explaining a challenge pursuant to G.S. 163-87 or G.S. 163-88 .
(6) A person authorized under G.S. 163-166.8 to assist a voter but, except as provided in subdivision (7) of this section, only while assisting that voter.
(7) Minor children of the voter under the age of 18, or minor children under the age of 18 in the care of the voter, but only while accompanying the voter and while under the control of the voter.
(8) Persons conducting or participating in a simulated election within the voting place or voting enclosure, if that simulated election is approved by the county board of elections.
(9) Any other person determined by election officials to have an urgent need to enter the voting enclosure but only to the extent necessary to address that need.
(b) Photographing Voters Prohibited. - No person shall photograph, videotape, or otherwise record the image of any voter within the voting enclosure, except with the permission of both the voter and the chief judge of the precinct. If the voter is a candidate, only the permission of the voter is required. This subsection shall also apply to [one-stop] early voting sites under [ G.S. 163-227.2 , 163-227.5 , and 163-227.6 .] Part 5 of Article 14A of this Chapter. This subsection does not apply to cameras used as a regular part of the security of the facility that is a voting place or [one-stop] early voting site.
(c) Photographing Voted Ballot Prohibited. - No person shall photograph, videotape, or otherwise record the image of a voted official ballot for any purpose not otherwise permitted under law.

History

Amended by 2023 N.C. Sess. Laws 140 , s. 21 , eff. 1/1/2024 .

2001-460, s. 3; 2005-428, s. 1(b); 2007-391, s. 23; 2008-187, s. 33(a); 2017-6, s. 3; 2018-144, s. 3.4(b); 2018-146, s. 3.1(a), (b).