Author: Kim Strach, Executive Director
On June 27, the General Assembly overrode the Governor’s veto to enact the attached N.C. Session Law 2018-112 (SB 325), which alters the schedule for early voting in North Carolina. This numbered memo provides information to county boards about one-stop absentee voting for the 2018 general election in light of recent changes. We are aware that on the last day of session the General Assembly approved a bill that would add back the last Saturday of early voting, but to date this has not become law.
Counties are encouraged to inform their Boards of Commissioners if additional funds may be necessary to operate early voting sites comparable in number to those available in previous elections.
Statutory Changes
New Early Voting Period
The early voting period now begins on the third Wednesday before Election Day (Oct. 17) and ends the Friday before Election Day (Nov. 2). The period remains 17 days, but begins and ends a day earlier than under prior law.
Possible Addition of Voting on Last Saturday
If signed by the governor, N.C. House Bill (HB) 335 would restore voting on the last Saturday before the election in 2018 only. On that day, early voting would take place at a minimum at the county board office from 8 a.m. to 1 p.m., with the option to be open until 5 p.m. All one-stop sites would be open from 8 a.m. to 1 p.m.,1 with the option to be open until 5 p.m. One-stop sites could be open for a different number of hours on the last Saturday (e.g., Site 1 open from 8 a.m. to 3 p.m. and Site 2 open from 8 a.m. to 5 p.m.). This bill has not yet become law, and we will keep you informed as to its enactment.
1 See S.L. 2018-112, § 2, amending § 163A-1303(c)(2): “If any one-stop site across the county is opened on any day during the period required by G.S. 163A-1300(b), all one-stop sites shall be open on that day.”
County Board Office
At a minimum, the county board office must be open during regular business hours throughout the one-stop early voting period.2 Any other schedule for the board office (e.g., extending past regular business hours) requires the unanimous approval of a one-stop implementation plan under G.S. § 163A-1303. If the county board office will operate beyond regular business hours, then new uniform hours requirements apply (see below).
2 The new uniform hour and site requirements in S.L. 2018-112 Section 2 apply to “all sites approved for one-stop voting under [§ 163A-1303].” Voting at a county board office during regular business office is required by § 163A1300, not approved as a Plan of Implementation.
Weekday Uniform Hours
On each weekday during the early voting period, all additional one-stop sites in the county (not the county board office) must be open from 7 a.m. to 7 p.m.
Weekend Uniform Number of Hours
If any one-stop site (including the county board office) is open on a Saturday, then all one-stop sites must be open for the same number of hours on that Saturday. If any one-stop site (including the county board office) is open on a Sunday, then all one-stop sites must be open for the same number of hours on Sunday. The sites may be open on one Sunday or both Sundays. Sites can be open for different hours on a weekend, provided that the number of hours is the same (e.g., Site 1 is open Saturdays from 9 a.m. to 1 p.m. and Site 2 is open Saturdays from 11 a.m. to 3 p.m.).
If Any Site, Then All Sites
Any day a one-stop site in the county is open, all one-stop sites in the county must be open on that day. This is true both during weekdays and weekends, although on weekends the hours may vary as long as the number of hours at each site is the same. County board offices must be open during regular business hours, unless they are open for more hours as authorized in a one-stop implementation plan. If a county board office is open beyond regular business hours, then it must meet the uniform hours requirement.
Options for Extending One-Stop Voting
County boards may extend one-stop voting in the following ways:
- Open additional sites other than the county board of elections office;
- Open a site “in lieu of” the county board of elections office in a different building (holding early voting in a different room in the same building as the county board office does not require state approval);
- Open the county board office beyond regular business hours; and/or
- Open sites on Saturdays and/or Sundays during the early voting period.
Your board may also designate an alternative plan that includes the last Saturday before the election in the event HB 335 becomes law.
County board action to extend one-stop voting continues to require a unanimous vote by all members and submission of a one-stop implementation plan for administrative approval.
One-Stop Plans
Keep in mind that the sites and schedule for one-stop voting are a decision for the county board of elections members, although the county board may receive input from political parties, voters, and local groups and organizations.
One-stop implementation plans or notification of non-agreement on a one-stop plan are due July 20, 2018. It is recommended that county boards of elections meet prior to the deadline to discuss and adopt their one-stop plans. If your county board is unable to meet the deadline, please let us know and we will work with you to ensure sufficient time for review.
Implementation plans must be approved by a unanimous vote of all county board members. Consensus-building will be important. We encourage board members, who are familiar with the unique needs of their county, to think creatively and work through differences of opinion for the good of the voters in your county.
Remember, your board is a bipartisan body appointed to serve the voters of your county. County board members took an oath to uphold their duties and adopting a one-stop plan is an important part of those duties. Failure to compromise will mean that the nine-member State Board will determine whether to adopt a plan for your county.
County boards of elections are encouraged to be mindful of expected turnout and historical use of one-stop early voting in their respective counties. The availability of early voting sites may reduce lengthy lines on Election Day.
Unanimous One-Stop Plans
Unanimous one-stop implementation plans must be either signed by all members of the county board, or attached to a resolution that is signed by all members of the county board. As in previous years, we will conduct administrative review of unanimous plans. To submit your plan, complete the following survey: [Link no longer active].
All information may now be submitted through a single survey. After submitting the plan survey, you will receive an email from “Google Forms” with “One-stop Implementation Plan” in the subject line. Review your entries and use the link in the email to edit your responses, if necessary. After review of your submitted responses, print the Google response email and submit the unanimous plan to the State Board using FileZilla. You should also upload the board’s signed One-Stop Implementation Plan Signature Sheet and any resolution or other supporting documentation. Once you receive confirmation from our office that your plan has been approved, enter the schedule into One-Stop System Manager.
Nonunanimous One-Stop Plans
If a county board is unable to reach unanimity regarding a one-stop plan, a member or members of the board may petition the State Board to adopt a plan for it. If petitioned, the State Board may also receive and consider alternative petitions from another member or members of that county board. In considering whether and how to adopt a plan for a nonunanimous county, the State Board will consider factors including geographic, demographic, and partisan interests of that county. G.S. § 163A-1303(a).
Nonunanimous one-stop implementation plans must also be entered into the one-stop survey. You will need to indicate in the survey that the plan was not unanimous. It is possible that you may be submitting multiple plans, which case you will need one survey response for each plan. For example, if two board members vote for one plan and the other two board members vote for an alternative plan, you will need to enter both proposed plans. In the survey, give each nonunanimous plan a name (e.g., Plan A and Plan B). Again, use the one-stop survey to submit the nonunanimous plans. [Link no longer active.]
All information may now be submitted through a single survey. Upon submitting the plan survey, you will receive an email from “Google Forms” with “One-stop Implementation Plan” in the subject line. Review your entries and use the link in the email to edit your responses, if necessary. After review of your submitted responses, print the Google response email and submit the nonunanimous plans to the State Board using FileZilla. You should also upload any supporting documentation. Nonunanimous plans, including supporting documentation, will be submitted to the State Board for adoption of your county’s 2018 general election one-stop.
FAQ
- Is there an option to ask for fewer hours?
- No. The early voting requirements are set by statute and the State Board does not have the authority to change them.
- Does the one-stop plan have to be unanimous as to weekend hours?
- Yes, all aspects of the one-stop plan must be unanimous.
- The session law says early voting may not start “earlier than the third Wednesday.” Does that mean it may start later than the third Wednesday before the election?
- No, the early voting period must start on the third Wednesday before the election.3 At a minimum, your county board office must be open during regular business hours during the entire early voting period. If you open additional sites or open your county board office for additional hours, you are required to meet the uniform hours and site requirements explained above.
- What if my county commissioners do not provide additional money for one-stop sites?
- Counties are encouraged to work collaboratively with their county commissioners. Open lines of communication will be important. It may be helpful to provide data to commissioners as to why sites and schedules were chosen.
- Do we have to have the same number of hours on Saturdays and Sundays?
- No. One-stop voting may take place for a different number of hours on Saturdays and Sundays, respectively. For example, all one-stop sites could be open for 6 hours on Saturdays and 4 hours on Sundays. Remember, all one-stop sites must be open if any one-stop site is open.
- Why is language from the photo ID law (HB 589) included in the new statute?
- Although challenged portions of HB 589 were held unconstitutional by the 4th Circuit Court of Appeals, the text of the law remained on the books because it had not been repealed by the General Assembly. The text of amended portions of the statute has now been updated (e.g., hours matching has been removed).
3 The one-stop period is established by S.L. 2018-112 § 2, amending § 163A-1303(c)(3): “On each weekday during the period required by G.S. 163A-1300(b), all one-stop sties shall be open from 7 a.m. to 7 p.m.” (emphasis added).
Conclusion
We understand your county boards face many demands during the 2018 election season, but please remember the importance of decisions regarding the adoption of one-stop plans. We are certain that your bipartisan boards will work to make the adoption of their one-stop plans as smooth as possible. As ever, the staff at the State Board stand ready to assist in any way appropriate.
↓ One-Stop Early Voting for November 2018 General Election: Numbered Memo 2018-06 (PDF)