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North Carolina Statutes § 163-231 Voting absentee ballots and transmitting them to the county board of elections

⤴ Up to Article 20: Absentee Ballot

Statute Text

(a) Procedure for Voting Absentee Ballots. - In the presence of two persons who are at least 18 years of age, and who are not disqualified by G.S. 163-226.3 (a)(4) or G.S. 163-237 (c) , the voter shall do all of the following:
(1) Mark the voter's ballots, or cause them to be marked by that person in the voter's presence according to the voter's instruction.
(2) Fold each ballot separately, or cause each of them to be folded in the voter's presence.
(3) Place the folded ballots in the container-return envelope and securely seal it, or have this done in the voter's presence.
(4) Make the application printed on the container-return envelope according to the provisions of G.S. 163-229 (b) and make the certificate printed on the container-return envelope according to the provisions of G.S. 163-229 (b) .
(5) Require those two persons in whose presence the voter marked that voter's ballots to sign and print their names on the application and certificate as witnesses and to indicate those persons' addresses. Failure to list a ZIP code does not invalidate the application and certificate. Failure to include a printed witness name does not invalidate the application and certificate if the identity of an individual can solely be ascertained by the witness's signature.
(6) Do one of the following:
a. Have the application notarized. The notary public may be the person in whose presence the voter marked that voter's ballot.
b. Have the two persons in whose presence the voter marked that voter's ballots to certify that the voter is the registered voter submitting the marked ballots.
Alternatively to the prior paragraph of this subsection, any requirement for two witnesses shall be satisfied if witnessed by one notary public, who shall comply with all the other requirements of that paragraph. The notary shall affix a valid notarial seal to the envelope, and include the word "Notary Public" below his or her signature.
The persons in whose presence the ballot is marked shall at all times respect the secrecy of the ballot and the privacy of the absentee voter, unless the voter requests assistance and that person is otherwise authorized by law to give assistance. When thus executed, the sealed container-return envelope, with the ballots enclosed, shall be transmitted in accordance with the provisions of subsection (b) of this section to the county board of elections which issued the ballots.
(b) Transmitting Executed Absentee Ballots to County Board of Elections. - The sealed container-return envelope in which executed absentee ballots have been placed shall be transmitted to the county board of elections who issued those ballots as follows:
(1) All ballots issued under the provisions of this Article and Article 21A of this Chapter shall be transmitted [by mail] by one of the following means:
a. Mail or [by] commercial courier service, at the voter's expense, [or delivered] and received by the county board not later than 7:30 P.M. on the day of the statewide primary or general election or county bond election.
b. Delivered in person, [or] by the voter or the voter's near relative or verifiable legal [guardian and received by] guardian, to the county board not later than [5:00 p.m.] 7:30 P.M. on the day of the statewide primary or general election or county bond election.
c. [Ballots] Electronically transmitted to the county board, if the ballot was issued under the provisions of Article 21A of this [Chapter may also be electronically transmitted.] Chapter.
(2) If ballots are received later than the hour stated in subdivision (1) of this subsection, those ballots shall not be accepted unless [one of the following applies:] required by federal law or the ballots are received in accordance with Article 21A of this Chapter or the State Board or court order extended the closing time of the polls for every poll in the county in accordance with G.S. 163-166.25 . If the State Board or court order so extended the closing time of the polls, the ballots shall be received by the closing time as extended by the State Board or court order in order to be counted.
[a.] [Federal law so requires.]
[b.] [The ballots issued under this Article are postmarked and that postmark is dated on or before the day of the statewide primary or general election or county bond election and are received by the county board of elections not later than three days after the election by 5:00 p.m.]
[c.] [The ballots issued under Article 21A of this Chapter are received by the county board of elections not later than the end of business on the business day before the canvass conducted by the county board of elections held pursuant to G.S. 163-182.5 .]
(c) Delivering Executed Absentee Ballots in Person. - For purposes of this section, "Delivered in person" includes [delivering] physically handing the voted absentee ballot to an election official at [a one-stop] an early voting site under [ G.S. 163-227.2 , 163-227.5 , and 163-227.6 ] Part 5 of Article 14A of this Chapter during any time that early voting site is open for [voting.] voting, but does not include depositing the voted absentee ballot in a drop box or other location designated for the return of voted absentee ballots. The voted absentee ballots delivered to the early voting site shall be kept securely and delivered by election officials at that early voting site to the county board of elections office for processing.

History

Amended by 2023 N.C. Sess. Laws 140 , s. 35 , eff. 1/1/2024 .

Amended by 2018 N.C. Sess. Laws 146 , s. 4.8 , eff. 12/27/2018 .

Renumbered from Chapter 163A by 2018 N.C. Sess. Laws 146 , s. 3.1-a , eff. 1/31/2019 .

Amended by 2014 N.C. Sess. Laws 111 , s. 11 , eff. 8/6/2014 .

Amended by 2013 N.C. Sess. Laws 381 , s. 4.4 , eff. 1/1/2014 .

Amended by 2011 N.C. Sess. Laws 182 , s. 5 , eff. 1/1/2012 .

Amended by 2009 N.C. Sess. Laws 537 , ss. 6 , 8.(a) , eff. 1/1/2010 .

1939, c. 159, ss. 2, 5; 1941, c. 248; 1943, c. 736; c. 751, s. 1; 1945, c. 758, s. 5; 1963, c. 457, ss. 2, 5; 1967, c. 775, s. 1; 1971, c. 1247, s. 3; 1973, c. 536, s. 1; 1977, c. 469, s. 1; 1979, c. 799, s. 5; 1985, c. 562, ss. 1,2; 1987, c. 583, ss. 1, 2; 1989 Reg. Sess., 1990 , c. 991, s. 4; 1999-455, s. 11.

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Prior Versions of This Statute