SB 749 — No Partisan Advantage in Elections.
Last action — Veto Overridden
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced June 12, 2023. Enacted.
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Enacted
Current position in the legislative process.
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5 sponsors
2 primary, 3 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (5 R).
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Cleared a recorded vote
Passed 1 recorded vote so far.
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Bill Text
What changed in the latest version
223 added · 660 removedPlain-language change summary
The recent amendments to Bill SB 749 involve a key change regarding the North Carolina State Board of Elections. The board will now be administratively transferred to the Department of the Secretary of State effective January 1, 2025, aligning it more directly under the state government. Additionally, the method of appointing board members has been restructured, allowing the General Assembly to appoint members instead of relying solely on the Governor. These changes aim to make the election oversight process more accountable and may impact how elections are administered in the state.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 21 SENATE BILL 749 Redistricting and Elections Committee Substitute Adopted 6/15/23 Short Title:
Senators Daniel, P.
Newton, and Hise (Primary Sponsors).
Redistricting and Elections June 13, 2023 A BILL TO BE ENTITLED AN ACT TO REVISE THE STRUCTURES OF THE NORTH CAROLINA STATE BOARD OF ELECTIONS AND COUNTY BOARDS OF ELECTIONS, TO REVISE THE EMERGENCY POWERS OF THE EXECUTIVE DIRECTOR OF THE STATE BOARD OF ELECTIONS, AND TO MAKE VARIOUS CONFORMING CHANGES.
TRANSFER OF STATE BOARD OF ELECTIONS SECTION 1.1.(a)1.1. The North Carolina State Board of Elections is transferred administratively to the Department of the Secretary of State.
ThisEffective transferJanuary has1, all2025, of the elementsNorth Carolina State Board of aElections Typeis IItransferred transfer,administrativelyto asthe describedDepartment inof G.S.the Secretary of State.
143A-6,The excepttransfer thatshall thehave managementall functions of the Stateelements Boardof shalla notType beII performedtransfer, underas thedescribed directionin andG.S. supervision of the Secretary of State.
SECTION143A-6. 1.1.(b) G.S.
163-28SECTION is1.2. repealed.
SECTION 1.1.(c) This Part becomes effective July 1, 2024.
PART II.
RESTRUCTURE STATE BOARD OF ELECTIONS SECTION 2.1.
Each party chair shall submit a list of four nominees who are affiliated with that political party.eight individuals registered to vote in North Carolina who are appointed by an act of the General Assembly as follows:
(1) Two members appointed uponby recommendation of the President Pro Tempore of the Senate.
(2) Two members appointed uponby recommendation of the Speaker of the House of Representatives.
*S749-v-2* General Assembly Of North Carolina Session 2023 (3) Two members appointed uponby recommendation of the minority leader of the Senate.
(4) Two members appointed uponby recommendation of the minority leader of the House of Representatives.
However, the General Assembly is not required to appoint members from thethose submitted lists and*S749-v-1* mayGeneral appointAssembly anyOf registeredNorth voterCarolina inSession the2023 Stateand inmayappoint accordanceanyregistered withvoter thisin section.the State.
Members shall serve four-year terms, and until their successors are appointed and qualified, beginning May 1 immediately following the electionelectionsofthemembersoftheCouncilofState. of the members of the Council of State.
NoNopersonmayservemorethantwoconsecutive person may serve more than two consecutive four-year terms.
(c) Any vacancy occurring in the State Board shall be filled by the Governor, General Assembly upon recommendation of the initial appointing authority, and the person so appointed shall fill the unexpired term.
The Governor General Assembly shall fill the vacancy from a A list of three nominees may be submitted to the Governor by the State party chair of the political party that nominated the vacating member as provided in subsection (b) (b1) of this section.
However, the General Assembly is not required to appoint amembers memberfrom to fill the vacancylists fromof thenominees list submitted.
G.S.
120-122 shall not apply vacancies under this subsection.
If for any reason a chair is not elected within 30 days afterfrom new appointees take the prescribeddate oathnew ormembers withinare 30appointed daysto of the occurrenceState ofBoard, a vacancy in the office ofmay thebe chair,filled theby officelegislative ofappointment chairin maybethe filledsame bylegislativemanner appointmentas invacancies accordancearising withunder G.S.
120-12196-15.3(e). as if the chair is a member of a board or commission.
If…." theSECTION vacancy1.3. occurs in an odd-numbered year, the appointment is made upon the recommendation of the President Pro Tempore of the Senate.
If the vacancyoccurs in an even-numbered year, the appointment is made upon the recommendation of the Speaker of the House of Representatives.
…." SECTION 2.2.
163-20163-20(d) reads as rewritten:
"§"(d) 163-20.Quorum.
Meetings of Board;
quorum;
minutes.
(a) Call of meeting.
– The State Board of Elections shall meet at the call of the chairman chair whenever necessary to discharge the duties and functions imposed upon it by this Chapter.
The chairman chair shall call a meeting of the State Board upon the written application or applications of any two three members thereof.
If there is no chairman, chair, or if the chairman chair does not call a meeting within three days after receiving a written request or requests from two three members, any three six members of the State Board shall have power to call a meeting of the State Board, and any duties imposed or powers conferred on the State Board by this Chapter may be performed or exercised at that meeting, although the time for performing or exercising the same prescribed by this Chapter may have expired.
(b) Place of Meeting.
Show all 327 changed lines (287 more)
– Except as provided in subsection (c), below, the State Board of Elections shall meet in its offices in the City of Raleigh, or at another place in Raleigh to be designated by the chairman.
chair.
However, subject to the limitation imposed by subsection (c), below, upon the prior written request of anyfour five members, the State Board of Elections shall meet at any other place in the State designated by the four five members.
(c) Meetings to Investigate Alleged Violations of This Chapter.
– When called upon to investigate or hear sworn alleged violations of this Chapter, the State Board of Elections shall meet and hear the matter in the county in which the violations are alleged to have occurred.
Page 2 Senate Bill 749-Second Edition General Assembly Of North Carolina Session 2023 (d) Quorum.
If any member of the Board fails to attend a meeting, and by reason thereof there is no quorum, the members present shall adjourn from day to day for not more than three days, by the end of which time, if there is no quorum, the Governor initial appointing authority may summarily remove any the respective member failing to attend and appoint his successor.Board.a successor." SECTION 1.4.
(e) Minutes.
– The State Board of Elections shall keep minutes recording all proceedings and findings at each of its meetings.
The minutes shall be recorded in a book which shall be kept in the office of the State Board in the City of Raleigh." SECTION 2.3.
163-22 reads as rewritten:
"§ 163-22.
Powers and duties of State Board of Elections.
(a) The State Board of Elections shall have general supervision over the primaries and elections in the State, and it shall have authority to make such reasonable rules and regulations with respect to the conduct of primaries and elections as it may deem advisable so long as they do not conflict with any provisions of this Chapter.
(b) From time to time, the State Board shall publish and furnish to the county boards of elections and other election officials a sufficient number of indexed copies of all election laws and State Board rules and regulations then in force.
It shall also publish, issue, and distribute to theelectoratesuch materials explanatoryofprimaryandelectionlaws and procedures as theState Board shall deem necessary.
(c) The State Board of Elections shall appoint, in the manner provided by law, all members of the county boards of elections and advise them the county boards of elections as to the proper methods of conducting primaries and elections.
The State Board shall require such all reports from the county boards and election officers as are provided by law, or as are deemed necessary by the State Board, and shall compel observance of the requirements of the election laws by county boards of elections and other election officers.
In performing these duties, the State Board shall have the right to hear and act on complaints arising by petition or otherwise, on the failure or neglect of a county board of elections to comply with any part of the election laws imposing duties upon such a board.
The State Board of Elections shall have power to remove from office any member of a county board of elections for incompetency, neglect or failure to perform duties, fraud, or for any other satisfactory cause.
Before exercising this power, the State Board shall notify the county board member affected and give that member an opportunity to be heard.
When any county board member shall be removed by the State Board of Elections, the vacancy occurring shall be filled by the State Board of Elections.
(d) The State Board of Elections shall investigate when necessary or advisable, the administration of election laws, frauds and irregularities in elections in any county and municipality and special district, and shall report violations of the election laws to the Attorney General or district attorney or prosecutor of the district for further investigation and prosecution.
(e) TheStateBoard ofElections shall determine,in themannerprovidedbylaw,theform and content of ballots, instruction sheets, pollbooks, tally sheets, abstract and return forms, certificates of election, and other forms to be used in primaries and elections.
The State Board shall furnish to thecountyboardsofelections theregistrationapplicationforms requiredpursuant to G.S.
163-82.3.
The State Board of Elections shall direct the county boards of elections to purchase a sufficient quantity of all forms attendant to the registration and elections process.
In addition, the State Board shall provide a source of supply from which the county boards of elections may purchase the quantity of pollbooks needed for the execution of its responsibilities.
In the preparation of ballots, pollbooks, abstract and return forms, and all other forms, the State Board of Elections may call to its aid the Attorney General of the State, and it shall be the duty of the Attorney General to advise and aid in the preparation of these books, ballots and forms.
(f) The State Board of Elections shall prepare, print, distribute to the county boards of elections all ballots for use in any primary or election held in the State which the law provides Senate Bill 749-Second Edition Page 3 General Assembly Of North Carolina Session 2023 shall be printed and furnished by the State to the counties.
The State Board shall instruct the county boards of elections as to the printing of county and local ballots.
(g) TheStateBoardofElectionsshallcertifytotheappropriatecountyboardsofelections the names of candidates for district offices who have filed notice of candidacy with the State Board and whose names are required to be printed on county ballots.
(h) It shall be the dutyof the State Board of Elections to tabulate the primaryand election returns, to declare the results, and to prepare abstracts of the votes cast in each county in the State for offices which, according to law, shall be tabulated by the State Board.
(i) The State Board of Elections shall make recommendations to the Governor and legislature relative to the conduct and administration of the primaries and elections in the State as it may deem advisable.
(j) Notwithstanding the provisions of any other section of this Chapter, the State Board of Elections is empowered to shall have access to any ballot boxes and their contents, any voting machines and their contents, any registration records, pollbooks, voter authorization cards or voterlists,anylistsofabsenteevoters, anylistsofpresidentialregistrantsundertheVotingRights Act of 1965 as amended, and any other voting equipment or similar records, books or lists in any precinct, county, municipality or electoral district over whose elections it has jurisdiction or for whose elections it has responsibility.
(j1) Notwithstanding G.S.
153A-98 or anyother provision of law, all officers, employees, and agents ofacountyboardofelections arerequiredto shall giveto theStateBoardofElections, Board, upon request, all information, documents, and data within their possession, or ascertainable from their records, includinganyinternal investigation or personnel documentation and are required to shall make available, upon request pursuant to an investigation under subsection (d) of this section, any county board employee for interview and to produce any equipment, hardware, or software for inspection.
These requirements are mandatory and shall be timelycomplied with as specified in a request made by any four five members of the State Board.
(k) Notwithstanding the provisions contained in Article 20 or Article 21A of Chapter 163 the State Board of Elections shall be authorized, by resolution adopted prior to the printing of the primary ballots, to reduce the time by which absentee ballots are required to be printed and distributedfortheprimaryelectionfrom50daysto45days.
Thisauthorityshallnotbeauthorized for absentee ballots to be voted in the general election, except if the law requires ballots to be available for mailing 60 days before the general election, and they are not ready by that date, the State Board of Elections shall allow the counties to mail them out as soon as they are available.
(l) Notwithstanding any other provision of law, in order to obtain judicial review of any decisionoftheStateBoardofElectionsrenderedintheperformanceofitsdutiesorintheexercise of its powers under this Chapter, the person seeking review must file his petition in the Superior Court of Wake County.
(m) The State Board of Elections shall provide specific training to county boards of elections regarding rules for registering students.
(n) The State Board of Elections shall promulgate minimum requirements for the number of pollbooks, voting machines and curbside ballots to be available at each precinct, such that more of such will be available at general elections and a sufficient number will be available to allow voting without excessive delay.
The State Board of Elections shall provide for a training and screening program for chief judges and judges.
The State Board shall provide additional testing of voting machines to ensure that they operate properly even with complicated ballots.
(o) The State Board of Elections shall require counties with voting systems to have sufficient personnel available on election day with technical expertise to make repairs in such repair equipment, to investigate election day problems, and assist in curbside voting.
(o1) The State Board of Elections shall include in all forms prepared by the State Board a prominent statement that submitting fraudulently or falsely completed declarations is a Class I felony under Chapter 163 of the General Statutes.
Page 4 Senate Bill 749-Second Edition General Assembly Of North Carolina Session 2023 (p) The Except as provided in G.S.
163-27, the State Board of Elections may assign responsibility for enumerated administrative matters to the Executive Director by resolution, if that resolution provides a process for the State Board to review any administrative decision made by the Executive Director.
(q) Nothing in this Chapter shall grant authority to the State Board of Elections to alter, amend, correct, impose, or substitute any plan apportioning or redistricting State legislative or congressional districts other than a plan imposed by a court under G.S.
120-2.4 or a plan enacted by the General Assembly.
(r) Nothing in this Chapter shall grant authority to the State Board of Elections to alter, amend, correct, impose, or substitute any plan apportioning or redistricting districts for a unit of local government other than a plan imposed by a court, a plan enacted by the General Assembly, or a plan adopted by the appropriate unit of local government under statutory or local act authority." SECTION 2.4.
G.S.
(a) The State Board of Elections shall possess authority to assist any county board of elections in anyanymatter matter in which litigation is contemplated or has been initiated, provided, the countycountyboard board of elections in such county petitions, by majority resolution, for such assistance from the State Board of Elections and, provided further, that the State Board of Elections determines, in its sole discretion by majority vote, to assist in any such matter.
(b) The Attorney General shall provide the State Board of Elections with legal assistance in execution of its authority under this section or, in the Attorney General's discretion, recommend that private counsel be employed.
(c) If the Attorney General recommends employment of private counsel, the State Board may employ counsel with the approval of the Governor.General Assembly." SECTION 2.5.1.5.
163-28 is repealed.
SECTION 1.6.
G.S.
"(b) The Executive Director shall serve beginningMaybeginningMay15 15 after the first meeting held after new appointments to the State Board are made, unless removed for cause, until a successor is appointed.
If for any reason the position of Executive Director is not filled within 30 days afterfrom new appointees take the prescribeddate oathnew ormembers withinare 30appointed daysto of the occurrenceState ofBoard, a vacancy in the position of Executive Director, the position of Executive Director may be filled by legislative appointment in accordancewiththe same manner as vacancies arising under G.S.
120-12196-15.3(e). as iftheExecutive Directoris amember of aboard or commission.
IfAny the vacancy occursoccurring in anthe odd-numberedposition year,of theExecutive appointmentDirector that is madenot uponfilled thebythe recommendationState ofBoard within 30 days from the Presidentdate Prothe Temporevacancy ofoccurs shall be filled in the Senate.same manner as vacancies arising under G.S.
If96-15.3(e)." the vacancy occurs in an even-numbered year, the appointment is made upon the recommendation of the Speaker of the House of Representatives." SECTION 2.6.1.7.
The eight members of the State Board of Elections appointed in accordancewith G.S.
163-19, as amended bythis act, shall serveuntil May1,2025.Anymember so appointed shall continue to be eligible to serve two full consecutive terms in accordance with G.S.
163-19, as amended bythis act.
Chairsofthetwopolitical parties havingthehighest number of registered affiliates as reflected by the latest registration statistics may submit a list of names to the General Assembly in accordance with G.S.
163-19, as amended by this act.
Upon appointment of the eight members of the State Board of Elections in accordance with this act in 2023, a chair of the State Board of Elections and an Executive Director shall be appointed in accordance with Article 3 of Chapter 163 of the General Statutes, as amended by this act.
SECTION 2.7.
Notwithstanding G.S.
163-27.2 and G.S.
143B-969, a criminal history record check for any prospective Executive Director appointed by the General Assembly in 2023 shall be provided to the chair or chairs of the standing committee handling the legislation Senate Bill 749-Second Edition Page 5 General Assembly Of North Carolina Session 2023 regarding the appointment and not to the State Board of Elections or the Executive Director.
The criminal history record checks for any prospective Executive Director appointed by the General Assembly in 2023 are not public records.
5 PART III.
EMERGENCY POWERS SECTION 3.1.
Page 2 Senate Bill 749-First Edition General Assembly Of North Carolina Session 2023 (a) The Executive Director, as chief State elections official, State Board, inby anaffirmative openvote, meeting, may exercise emergency powers to conduct an election in a district where the normal schedule for the election is disrupted by any of the following:
(2) Order an election to be conducted using all mail-in absentee ballots.ballots." PART II.
(3)COUNTY DelegateBOARDS itsOF authorityunderELECTIONS thisSECTION section2.1. to the Executive Director or anyother individual." PART IV.
COUNTY BOARDS OF ELECTIONS SECTION 4.1.
One member of the county boards of elections shall be appointed by the Governor to be the chair of the county board on the last Tuesday in June and Page 6 Senate Bill 749-Second Edition General Assembly Of North Carolina Session 2023 every two years thereafter, and that member's term of office shall continue for two years from the specified date of appointment and until a successor is appointed and qualified.
(1) One member appointed uponby recommendation of the President Pro Tempore of the Senate.
(2) One member appointed uponby recommendation of the Speaker of the House of Representatives.
(3) One member appointed uponby recommendation of the minority leader of the Senate.
Senate Bill 749-First Edition Page 3 General Assembly Of North Carolina Session 2023 (4) One member appointed uponby recommendation of the minority leader of the House of Representatives.
… (c) The State chair of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics published by the State Board shall have the right to recommend to the State Board respective appointing authority three registered voters in each countycountyforappointment for appointment to theboardoftheboardofelections elections forthat county.
If suchrecommendationssuch arereceivedbytheStaterecommendations are received by the State Board appointing authority 15 or more days before the last Tuesday in June 2019, and each two years thereafter, it shall be the duty of the State Board to appoint the county boards from the names thus recommended.recommended.the appointing authority shall give due consideration to the recommendations provided but is not required to appoint members from those recommendations and may appoint any registered voter who is otherwise ineligible under this section.
(c1) At the first meeting in July, annually, eachthe countycountyboards board of elections shall organize bybyelectingone electing one member of thatits countymembers boardchair of elections to serve a one-year termterm. as chair of the county board of elections.
If for any reason a chair is not elected within 15 days afterfrom the firstdate meetingnew inmembers July,are appointed to the officecounty ofboard, chairthe office may be filled by legislative appointmentappointment. in accordance with G.S.
120-121(d) asWhenever ifa vacancy occurs in the chairmembership isof a county board of elections for any cause the State chair of the political party of the vacating member shall have the right to recommend two registered voters of athe boardaffected orcounty commission.for such office, and it shall be the duty of the State Board appointing authority to fill the vacancy from the names thus recommended.
If…." thePART vacancyIII. occurs in an odd-numbered year, the appointment is made upon the recommendation of the President Pro Tempore of the Senate.
IfCONFORMING theSTATUTORY vacancyoccursCHANGES inSECTION an3.1. even-numbered year, the appointment is made upon the recommendation of the Speaker of the House of Representatives.
(d) Whenever a vacancy occurs in the membership of a county board of elections for any cause the State chair of the political party of the vacating member shall have the right to recommend two registered voters of the affected county for such office, and it shall be the duty of the State Board General Assembly to fill the vacancy from the names thus recommended.
120-122 shall not apply vacancies under this section.
…." SECTION 4.2.(a) G.S.
163-35 reads as rewritten:
"§ 163-35.
Director of elections to county board of elections;
appointment;
compensation;
duties;
dismissal.
(a) In the event a vacancy occurs in the office of county director of elections in any of the county boards of elections in this State, the county board of elections shall submit the name of the person it recommends to fill the vacancy, in accordance with provisions specified in this section, to the Executive Director of the State Board of Elections who commissioners in that county shall issue a letter of appointment.
A person shall not serve as a county director of elections if he:that person does any of the following:
(1) Holds any elective public office;office.
(2) Is a candidate for any office in a primary or election;election.
(3) Holds any office in a political party or committee thereof;thereof.
(4) Is a campaign chairman or finance chairman for any candidate for public office or serves on any campaign committee for any candidate;candidate.
(5) Has been convicted of a felony in any court unless his rights of citizenship have been restored pursuant to the provisions of Chapter 13 of the General Statutes of North Carolina;Carolina.
Senate Bill 749-Second Edition Page 7 General Assembly Of North Carolina Session 2023 (6) Has been removed at any time by the State Board of Elections following a public hearing;
orhearing or removed by another county.
(7) Is a member or a spouse, child, spouse of child, parent, sister, or brother of a member of the county board of elections by whom he the person would be employed.
(b) Appointment, Duties;
Termination.
– Upon receipt of a nomination from the county board of elections stating that the nominee for director of elections is submitted for appointment upon majority selection by the county board of elections the Executive Director shall issue a letter of appointment of such nominee to the chairman of the county board of elections within 10 days after receipt of the nomination, unless good cause exists to decline the appointment.
The Executive Director board of county commissioners may delay the issuance of appointment for a reasonable time if necessary to obtain a criminal history records check sought under G.S.
143B-968.
The Executive Director board of countycommissioners shall applythe standards provided in G.S.
163-27.2 in determining whether a nominee with a criminal history shall be selected.
If the Executive Director determines a nominee shall not be selected and does not issue a letter of appointment, the decision of the Executive Director of the State Board shall be final unless the decision is, within 10 days from the official date on which it was made, deferred by the State Board.
If the State Board defers the decision, then the State Board shall make a final decision on appointment of the director of elections and may direct the Executive Director to issue a letter of appointment.
If an Executive Director issues a letter of appointment, the county board of elections shall enter in its official minutes the specified duties, responsibilities and designated authority assigned to the director by the county board of elections.
The Upon selection, the board of countycommissioners shall issue a letter of appointment, stating specified duties and responsibilities which shall include adherence to the duties delegated to the county board of elections pursuant to G.S.
163-33.
A copy of the specified duties, responsibilities and designated authority assigned to the county director shall be filed with the State Board of Elections.
In the event the Executive Director is recused due to an actual or apparent conflict of interest from rendering a decision under this section, the chair and vice-chair of the State Board shall designate a member of staff to fulfill those duties.Board.
(c) Compensation of Directors of Elections.
– Compensation paid to county directors of elections in all counties maintaining full-time registration (five days per week) shall be in the form of a salary in an amount recommended by the county board of elections and approved by the Board of County Commissioners board of county commissioners and shall be commensurate with the salary paid to county directors in counties similarly situated and similar in population and number of registered voters.
TheBoardofCountyCommissioners boardofcountycommissionersineachcounty,whether or not the county maintains full-time or modified full-time registration, shall compensate the director of elections at a minimum rate of twelve dollars ($12.00) per hour for hours worked in attendance to his or her duties as prescribed by law, including rules and regulations adopted by the State Board of Elections.
Board.
In addition, the county shall pay to the county director an hourly wage of at least twelve dollars ($12.00) per hour for all hours worked in excess of those prescribed in rules and regulations adopted by the State Board of Elections, Board when such additional hours have been approved bythe countyboard of elections and such approval has been recorded in the official minutes of the county board of elections.
In addition to the compensation provided for herein, the county director of elections to the county board of elections shall be granted the same vacation leave, sick leave, and petty leave as granted to all other county employees.
It shall also be the responsibility of the Board of County Commissioners board of county commissioners to appropriate sufficient funds to compensate a replacement for the county director of elections when authorized leave is taken.
(d) Duties.
– The county director of elections may be empowered by the county board of elections to perform such administrative duties as might be assigned by the county board of Page 8 Senate Bill 749-Second Edition General Assembly Of North Carolina Session 2023 elections and the chairman.
chair.
In addition, the county director of elections may be authorized by the chairman chair to execute the responsibilities devolving upon the chairman chair provided such authorization by any chairman chair shall in no way transfer the responsibility for compliance with the law.
The chairman chair shall remain liable for proper execution of all matters specifically assigned to him the chair by law.
The county board of elections shall have authority, by resolution adopted by majority vote, to delegate to its county director of elections so much of the administrative detail of the election functions, duties, and work of the board, its officers and members, as is now, or may hereafter be vested in the county board of elections or its members as the county board of elections may see fit:
fit.
Provided, that the county board of elections shall not delegate to a county director of elections any of its quasi-judicial or policy-making duties and authority.
Such a resolution shall require adherence to the duties delegated to the county board of elections pursuant to G.S.
163-33.
Within the limitations imposed upon the county director of elections by the resolution of the county board of elections elections, the acts of a properly appointed county director of elections shall be deemed to be the acts of the county board of elections, its officers and members.
(e) Training and Certification.
– The State Board of Elections shall conduct a training program consisting of four weeks for each new county director of elections.
The county director shall complete that program.
Each county director appointed after May 1995 shall successfully complete a certification program as provided in G.S.
163-82.24(b) within three years after appointment or by January 1, 2003, whichever occurs later." SECTION 4.2.(b) G.S.
163-35.1 is repealed.
SECTION 4.3.(a) G.S.
163-27.2 reads as rewritten:
"§ 163-27.2.
Criminal history record checks of current and prospective employees of the State Board and county directors of elections.
(a) As used in this section, the term "current or prospective employee" means any of the following:
(1) A current or prospective permanent or temporary employee of the State Board or a current or prospective county director of elections.
(2) An employee or agent of a current or prospective contractor with the State Board.
(3) Any other individual otherwise engaged by the State Board who has or will have the capability to update, modify, or change elections systems or confidential elections or ethics data.
(b) A criminal history record check shall be required of all current or prospective permanent or temporary employees of the State Board and all current or prospective county directors of elections, which shall be conducted by the Department of Public Safety as provided in G.S.
143B-968.
The criminal history report shall be provided to the Executive Director, who shall keep all information obtained pursuant to this section confidential to the State Board, as provided in G.S.
143B-968(d).
G.S.
143B-969.
A criminal history record check report provided under this subsection received in accordance with G.S.
143B-969 is not a public record under Chapter 132 of the General Statutes.
(c) If the current or prospective employee's verified criminal history record check reveals one or more convictions, the conviction shall constitute just cause for not selecting the person for employment or for dismissing the person from current employment.
The conviction shall not automatically prohibit employment.
(d) A prospective employee may be denied employment employment, or a current employee may be dismissed from employment employment, for refusal to consent to a criminal historyrecordcheck orto submit fingerprints orto provideotheridentifying information required by the State or National Repositories of Criminal Histories.
Any such refusal shall constitute just cause for the employment denial or the dismissal from employment.
Senate Bill 749-Second Edition Page 9 General Assembly Of North Carolina Session 2023 (e) A conditional offer of employment or appointment may be extended pending the results of a criminal history record check authorized by this section.
(f) A countyboard of elections shall require a criminal historyrecord check of all current or prospective employees of the county board of elections, as defined in G.S.
163-37.1(a)(1), who have or will have access to the statewide computerized voter registration system maintained under G.S.
163-82.11 and for any additional position or function as the State Board may designate.
The countydirector of elections shall provide the criminal history record of all current or prospective employees of the county board of elections required by this subsection or in designated positions to the Executive Director and State Board.
(g) Neither appointment as a precinct official or assistant under Article 5 of this Chapter nor employment at a one-stop early voting location shall require a criminal history record check unless the official, assistant, or employee performs a function designated by the State Board pursuant to subsection (f) of this section." SECTION 4.3.(b) G.S.
163-37.1 reads as rewritten:
"§163-37.1.
Criminalhistoryrecordchecksofcurrentandprospectiveemployeesofcounty boards of elections.
(a) As used in this section, the term "current or prospective employee" means a current or prospective permanent or temporary employee of a county board of elections who has or will have access to the statewide computerized voter registration system maintained under G.S.
163-82.11 or has a position or function designated by the State Board as provided in G.S.
163-27.2.
(b) The county board of elections shall require a criminal history record check of all current or prospective employees, which shall be conducted by the Department of Public Safety as provided in G.S.
143B-969.
The criminal history report shall be provided to the county board of elections.
A county board of elections shall provide the criminal history record of all current or prospective employees required by G.S.
163-27.2 to the Executive Director and the State Board.
The G.S.
143B-970.
A criminal history record check report shall be kept confidential as provided in G.S.
143B-969(d) and received in accordance with G.S.
143B-970 is not a public record under Chapter 132 of the General Statutes.
(c) If the current or prospective employee's verified criminal history record check reveals one or more convictions, the conviction shall constitute just cause for not selecting the person for employment, or for dismissing the person from current employment.
The conviction shall not automatically prohibit employment.
(d) The countyboard of elections may deny employment to or dismiss from employment a current or prospective employee who refuses to consent to a criminal history record check or to submit fingerprints or to provide other identifying information required by the State or National Repositories of Criminal Histories.
Any such refusal shall constitute just cause for the employment denial or the dismissal from employment.
(e) The county board of elections may extend a conditional offer of employment or appointment pending the results of a criminal history record check authorized by this section.
(f) Neither appointment as a precinct official or assistant under of Article 5 of this Chapternoremployment ataone-stopearlyvotinglocationshallrequireacriminalhistoryrecord check unless the official, assistant, or employee performs a function designated by the State Board pursuant to G.S.
163-27.2." SECTION 4.3.(c) G.S.
143B-969 reads as rewritten:
"§ 143B-969.
Criminal record checks for employees and contractors of the State Board of Elections and county directors of elections.
(a) As used in this section, the term:
(1) "Current or prospective employee" means any of the following:
Page 10 Senate Bill 749-Second Edition General Assembly Of North Carolina Session 2023 a.
A current or prospective permanent or temporary employee of the State Board or a current or prospective county director of elections.Board, other than the Executive Director.
b.
A current or prospective contractor with the State Board.
c.
An employee or agent of a current or prospective contractor with the State Board.
d.
Any other individual otherwise engaged by the State Board who has or will have the capability to update, modify, or change elections systems or confidential elections or ethics data.
(2) "State Board" means the State Board of Elections.
(b) The Department of Public Safety may provide to the Executive Director of the State Board a current or prospective employee's criminal history from the State and National Repositories of Criminal Histories.
The Department of Public Safety may provide to the chair or chairs of the standing committee handling the legislation regarding the appointment of the Executive Director the criminal history record check report regarding any prospective appointee for the position of Executive Director.
The Executive Director shall provide to the Department of Public Safety, along with the request, the fingerprints of the current or prospective employee, a form signed by the current or prospective employee consenting to the criminal record check and use of fingerprints and other identifying information required by the State and National Repositories, and any additional information required by the Department of Public Safety.
The fingerprints of the current or prospective employee shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history record file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check.
(c) The Department of Public Safety may charge a fee to offset the cost incurred by it to conduct a criminal record check under this section.
The fee shall not exceed the actual cost of locating, editing, researching, and retrieving the information.
(d) The Except for criminal history reports on prospective appointees for the position of Executive Director, the criminal history report shall be provided to the Executive Director of the State Board, who shall keep all information obtained pursuant to this section confidential to the State Board.
The criminal historyreports on prospective appointees for the position of Executive Directorshallbeprovidedtothe chairorchairsofthestandingcommitteehandlingthelegislation regarding the appointment of the Executive Director who shall keep all information obtained pursuant to this section confidential.
Acriminal historyreportobtainedas providedin this section is not a public record under Chapter 132 of the General Statutes." SECTION 4.3.(d) G.S.
143B-970 reads as rewritten:
"§ 143B-970.
Criminal record checks for employees of county boards of elections.
(a) As used in this section, the term:
(1) "Current or prospective employee" means a current or prospective permanent or temporary employee of a county board of elections.
(2) "State Board" means the State Board of Elections.
(b) The Department of Public Safetymayprovide to a countyboard of elections a current or prospective employee's criminal history from the State and National Repositories of Criminal Histories.
The Department of Public Safety may provide to the board of county commissioners the criminal history record check report regarding any prospective appointee for the position of county director of elections.
The county board of elections shall provide to the Department of Public Safety, along with the request, the fingerprints of the current or prospective employee, a form signed by the current or prospective employee consenting to the criminal record check and use of fingerprints and other identifying information required by the State and National Repositories, and any additional information required by the Department of Public Safety.
The fingerprints of the current or prospective employee shall be forwarded to the State Bureau of Senate Bill 749-Second Edition Page 11 General Assembly Of North Carolina Session 2023 Investigation for a search of the State's criminal history record file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check.
(c) The Department of Public Safety may charge a fee to offset the cost incurred by it to conduct a criminal record check under this section.
The fee shall not exceed the actual cost of locating, editing, researching, and retrieving the information.
(d) The Except for criminal history reports on prospective appointees for the position of county director of elections, the criminal history report shall be provided to the county board of elections, who shall keep all information obtained pursuant to this section confidential to the county board of elections, the county director of elections, the State Board, and the Executive Director of the State Board.
The criminal history reports on prospective appointees for the position of county director of elections shall be provided to the board of county commissioners who shall keep all information obtained pursuant to this section confidential;
once a letter of appointment is issued by the board of county commissioners, the criminal history report on the appointed county director of elections shall be forwarded to the county board of elections, the State Board, and the Executive Director of the State Board.
A criminal history report obtained as provided in this section is not a public record under Chapter 132 of the General Statutes." SECTION 4.4.
The four members of the county board of elections appointed in accordance with G.S.
163-30, as amended by this act, shall serve until June 1, 2027.
Chairs of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics may submit a list of names to the General Assembly in accordance with G.S.
163-30, as amended by this act.
Upon appointment of the four members of the county board of elections in accordance with this act in 2024, the county director of elections shall be appointed in accordance with Article 4 of Chapter 163 of the General Statutes, as amended by this act.
SECTION 4.5.
This Part becomes effective June 1, 2024, and appointments shall be made accordingly.
PART V.
CONFORMING STATUTORY CHANGES SECTION 5.1.
G.S.
– As soon as the county canvass has been completed, the countyboard of elections shall prepare abstracts of all the ballot items in a form prescribed bytheby the State Board of Elections.
Board.The county board shall prepare those abstracts in triplicate originals.
The countyboard shall prepare those abstracts in triplicate originals.
Board.The State Highway Patrol may, upon request of the State Board of Elections, be responsible for the delivery of the abstracts from each county to the State Board of Elections.
The State Highway Patrol may, upon request of the State Board of Elections, Board, be responsible for the delivery of the abstracts from each county to the State Board of Elections.
Board.
…." SECTION 5.2.3.2.
163-182.13163-182.13(a) reads as rewritten:
"§"(a) 163-182.13.When State Board May Order New Election.
New– elections.The State Board of Elections may order a new election, upon agreement of at least four a majority of its members, in the case of any one or more of the following:
(a)(1) WhenIneligible Statevoters Boardsufficient Mayin Ordernumber Newto Election.change the outcome of the election were allowed to vote in the election, and it is not possible from examination of the official ballots to determine how those ineligible voters voted and to correct the totals.
– The State Board of Elections may order a new election, upon agreement of at least four five of its members, in the case of any one or more of the following:
Page 12 Senate Bill 749-Second Edition General Assembly Of North Carolina Session 2023 (1) Ineligible voters sufficient in number to change the outcome of the election were allowed to vote in the election, and it is not possible from examination of the official ballots to determine how those ineligible voters voted and to correct the totals.
Page 4 Senate Bill 749-First Edition General Assembly Of North Carolina Session 2023 (3) Other irregularities affected a sufficient number of votes to change the outcome of the election.
(4) Irregularities or improprieties occurred to such an extent that they taint the results of the entire election and cast doubt on its fairness.fairness." SECTION 3.3.
… (e) Which Candidates to Be on Official Ballot.
– All the candidates who were listed on the official ballot in the original election shall be listed in the same order on the official ballot for the new election, except in either of the following:
(1) If a candidate dies or otherwise becomes ineligible between the time of the original election and the new election, that candidate may be replaced in the same manner as if the vacancy occurred before the original election.
(2) If the election is for a multiseat office, and the irregularities could not have affected the election of one or more of the candidates, the new election, upon agreement of at least four five members of the State Board, may be held among only those candidates whose election could have been affected by the irregularities.
…." SECTION 5.3.
The Secretary of State shall keep a copy of each certificate of nomination or election, or certificate of results of a referendum, issued by the State Board.Board of Elections.
The Secretary shall keep the certificates in a form readily accessible and useful to the public." SECTION 5.4.3.4.
Board.
163-182.6." SECTION 5.5.3.5.
Notwithstanding G.S.
163-258.30163-19, reads as rewritten:amended by Section 1.2 of this act, the chairs of the two political parties shall submit a list of names to the General Assembly on or before April 20, 2025, and the General Assembly shall make appointments to the State Board of Elections from those lists no later than May 1, 2025.
"§After 163-258.30.members of the State Board of Elections are appointed, a chair of the State Board of Elections and an Executive Director shall be appointed in accordance with this act.
RegulationsSECTION of3.6. State Board of Elections.
(a)Notwithstanding The State Board of Elections shall adopt rules and regulations to carry out the intent and purpose of G.S.
163-258.28163-30, as amended by Section 2.1 of this act, the chairs of the two political parties shall submit a list of names to the General Assembly on or before June 9, 2025, and G.S.the General Assembly shall make appointments to the county boards of elections from those lists no later than June 24, 2025.
163-258.29PART andIV. to ensure that a proper list of persons voting under said sections shall be maintained by the boards of elections, and to ensure proper registration records.
(b)SEVERABILITY TheCLAUSE StateSECTION Board4.1. of Elections shall be the single office responsible for providing information concerning voter registration and absentee voting procedures to be used by covered voters as to all elections and procedures relating to the use of federal write-in absentee ballots.
Unless otherwise required by law, the State Board of Elections shall be responsible for maintaining contact and cooperation with the Federal Voting Assistance Program, the United States Department of Defense, and other federal entities that deal with military and overseas voting.
The State Board of Elections shall, as needed, make recommendations concerning military and overseas citizen voting to the General Assembly, the Governor, Assembly and other State officials." PART VI.
SEVERABILITY CLAUSE Senate Bill 749-Second Edition Page 13 General Assembly Of North Carolina Session 2023 SECTION 6.1.
PART VII.V.
EFFECTIVE DATE SECTION 7.1.5.1.
Page 14 Senate Bill 749-Second749-First Edition Page 5
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- SL 2023-139 View text pdf
- A9: AST-164-V-1 View text pdf
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- Introduced Filed pdf
Action History
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Veto Overridden
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Veto Received from Senate
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Added to Calendar
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Veto Overridden
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Ch. SL 2023-139
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Withdrawn From Com
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Placed On Cal For 10/10/2023
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Ref To Com On Rules and Operations of the Senate
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Vetoed 09/28/2023
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Conf Report Adopted
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Ordered Enrolled
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Ratified
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Pres. To Gov. 9/22/2023
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Conf Com Reported
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Added to Calendar
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Conf Com Reported
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Placed On Cal For 09/22/2023
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Conf Report Adopted
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Failed Concur In H Com Sub
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Conf Com Appointed
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Conf Com Appointed
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Amend Adopted A1
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Amend Failed A2
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Amend Failed A3
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Amend Adopted A5
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Amend Failed A6
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Amend Failed A7
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Amend Failed A8
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Amend Adopted A9
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Amendment Withdrawn A4
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Passed 2nd Reading
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Amend Failed A10
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Passed 3rd Reading
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Ordered Engrossed
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Special Message Sent To Senate
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Special Message Received For Concurrence in H Com Sub
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Placed On Cal For 09/20/2023
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Reptd Fav Com Substitute
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Cal Pursuant Rule 36(b)
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Placed On Cal For 09/19/2023
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Withdrawn From Com
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Re-ref Com On Rules, Calendar, and Operations of the House
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Passed 1st Reading
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Ref to the Com on Election Law and Campaign Finance Reform, if favorable, Rules, Calendar, and Operations of the House
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Regular Message Sent To House
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Regular Message Received From Senate
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Amend Adopted A1
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Passed 2nd Reading
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Passed 3rd Reading
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Engrossed
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Reptd Fav
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Reptd Fav Com Substitute
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Com Substitute Adopted
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Re-ref Com On Rules and Operations of the Senate
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Passed 1st Reading
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Ref to Redistricting and Elections. If fav, re-ref to Rules and Operations of the Senate
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Filed
Sponsors
- Warren Daniel · Primary
- Ralph Hise · Cosponsor
- Lisa S. Barnes · Cosponsor
- Kevin Corbin · Cosponsor
- Paul Newton · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 3 co-sponsors · 174 not signed on · 16 voted No
Sponsors (2)
- Warren Daniel Republican
- Paul Newton Republican
Co-sponsors (3)
- Ralph Hise Republican
- Lisa S. Barnes Republican
- Kevin Corbin Republican
Not signed on (174)
174 members have not signed on to this bill.
Show all 174 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 26 | 0 | 0 | 0 |
| Unaffiliated | 4 | 3 | 0 | 1 |
| Democratic | 0 | 16 | 0 | 0 |
| Total | 30 | 19 | 0 | 1 |
| % of votes cast | 60% | 38% | 0% | 2% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| Krawiec | — | Yea |
| Perry | — | Yea |
| Proctor | — | Yea |
| Bode | — | Nay |
| Hunt | — | Nay |
| Marcus | — | Nay |
| Woodard | — | Not Voting |
| P. Newton | — | Yea |
| Dan Blue | Democratic | Nay |
| DeAndrea Salvador | Democratic | Nay |
| Gale Adcock | Democratic | Nay |
| Gladys A. Robinson | Democratic | Nay |
| Graig Meyer | Democratic | Nay |
| Jay J. Chaudhuri | Democratic | Nay |
| Joyce Waddell | Democratic | Nay |
| Julie Mayfield | Democratic | Nay |
| Kandie D. Smith | Democratic | Nay |
| Lisa Grafstein | Democratic | Nay |
| Michael Garrett | Democratic | Nay |
| Mujtaba A. Mohammed | Democratic | Nay |
| Natalie S. Murdock | Democratic | Nay |
| Paul A. Lowe, Jr. | Democratic | Nay |
| Sydney Batch | Democratic | Nay |
| Val Applewhite | Democratic | Nay |
| Amy S. Galey | Republican | Yea |
| Benton G. Sawrey | Republican | Yea |
| Bill Rabon | Republican | Yea |
| Bobby Hanig | Republican | Yea |
| Brad Overcash | Republican | Yea |
| Brent Jackson | Republican | Yea |
| Carl Ford | Republican | Yea |
| Danny Earl Britt, Jr. | Republican | Yea |
| David W. Craven, Jr. | Republican | Yea |
| Eddie D. Settle | Republican | Yea |
| Jake Johnson | Republican | Yea |
| Jim Burgin | Republican | Yea |
| Kevin Corbin | Republican | Yea |
| Lisa S. Barnes | Republican | Yea |
| Michael A. Lazzara | Republican | Yea |
| Michael V. Lee | Republican | Yea |
| Norman W. Sanderson | Republican | Yea |
| Paul Newton | Republican | Yea |
| Phil Berger | Republican | Yea |
| Ralph Hise | Republican | Yea |
| Steve Jarvis | Republican | Yea |
| Timothy D. Moffitt | Republican | Yea |
| Tom McInnis | Republican | Yea |
| Vickie Sawyer | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| Warren Daniel | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 749?
- SB 749 is sponsored by Warren Daniel (Republican), Ralph Hise (Republican), Lisa S. Barnes (Republican), Kevin Corbin (Republican), and Paul Newton (Republican).
- What is the current status of SB 749?
- This bill has been enacted into law. Introduced June 12, 2023. Enacted.
- Where can I track SB 749?
- Track SB 749 free on One Click Politics — get push/email alerts when it moves.
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