Author: Kim Strach, Executive Director
Following Friday’s decision in NAACP, et al. v. McCrory, et al., U.S. District Court Judge Thomas Schroeder issued the attached order permanently enjoining contested portions of N.C. Session Law 2013-381 regarding photo ID (Part 2), preregistration (Part 12), same-day registration (Part 16), early voting (Part 25), and out-of-precinct voting (Part 49). All other provisions of Session Law 2013-381 remain in effect (ex. elimination of straight party ticket voting).
This numbered memo sets out administrative procedures necessary to effectuate Judge Schroeder’s order regarding one-stop early voting. The version of G.S. § 163-227.2 now in effect is attached for your reference. It requires, among other things, that county boards of elections offer one-stop early voting during a 17-day early voting period, beginning on the third Thursday before the election (Oct. 20). At minimum, early voting must occur during regular business hours at the county board of elections office and until 1 p.m. on the last Saturday of the one-stop period (Nov. 5).
The so-called “hours-matching” requirement and other changes contained in Part 25 of S.L. 2013-381 are no longer enforceable. Unfortunately, plans submitted to the State Board of Election on or before Friday, July 29 were drawn against the backdrop of now-void criteria. Therefore, consistent with our effort to enforce Judge Schroeder’s order, this agency revokes all approvals issued regarding one-stop plans and will take no action on pending hours-reductions requests.
County boards will not be required to have additional sites, nor will they be required to have any additional sites open the same number of hours and days. However, we strongly encourage county boards of elections to be mindful of expected turnout and historical use of one-stop early voting in their respective counties. Statewide historical data indicates that roughly 56% of all voters this election will use one-stop early voting, which will reduce lengthy lines on Election Day.
You may submit your early voting schedule based upon your county board’s selection from the following options:
- Extend previously-submitted hours for Oct. 27-Nov. 5 to the entire 17-day early voting period. If cost is a concern, please note that state law requires county commissioners to ensure adequate funding for elections administration. We recommend that you make every effort to provide ample voting opportunities through this option. See G.S. 163-37.
- Keep previously-submitted hours for Oct. 27-Nov. 5, and add early voting at the county board office (or nearby alternative site in lieu of the CBE office) for the remainder of the early voting period.
- Adopt a new plan for early voting at the county board office (or nearby alternative site in lieu of the county board office) and additional sites.
- Adopt a new plan for early voting at the county board office (or nearby alternative site in lieu of the county board office) only, but with extended hours and/or weekend hours. County boards are required to open on the last Saturday until 1 p.m. (Nov. 5). See G.S. § 163-227.2(b). A county board may vote to remain open on the last Saturday until 5 p.m.
- If a county board does not take action to vote on a plan, all one-stop early voting will take place only during regular business hours at the county board office and on the last Saturday until 1 p.m. (Nov. 5). County boards of election must transmit information regarding the locations and times of early voting in their county no later than close of business Aug. 19. Submissions must be made using a unique link sent to each county board in a separate email. We will discuss these options and the entire one-stop early voting process at the conference next week. There will be time at the conference to discuss any questions or issues you may have. Thank you for your service.
[Download the PDF below for the version of G.S. § 163-227.2 now in effect and the court order.]
↓ One-Stop Early Voting in November 2016 General Election: Numbered Memo 2016-11 (PDF)