HOUSE BILL 589: VIVA

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1 General Assembly HOUSE BILL 589: VIVA Committee: House Appropriations Date: April 23, 2013 Introduced by: Reps. Warren, Murry, T. Moore, Samuelson Prepared by: Erika Churchill, Kara Analysis of: Third Edition McCraw, Kelly Quick Committee Counsel SUMMARY: The 3rd Edition of HB 589 would create the Voter Information Verification Advisory (VIVA) board, require voters to provide photo identification when voting in person, and require the State Board of Elections (SBOE) to revise procedures for absentee voting. CURRENT LAW AND BILL ANALYSIS: Part I: VIVA (Sections 1-3) Current Law: G.S designates certain public agencies as voter registration agencies, including agencies that accept applications for public assistance, provide service to persons with disabilities, and accept unemployment claims. Additional Public Agency Registration Sites - County boards of elections and county boards of commissioners, with approval by the SBOE, could offer voter registration at county senior centers and county parks and recreation services. VIVA Board Would establish the Voter Information Verification Advisory Board (VIVA board) with 3-5 members representing all political parties and unaffiliated voters appointed by the State Board of Elections (SBOE). No political party could have a majority on the VIVA board. Board duties would include advising the SBOE on the following: promoting, assisting, and educating the public about registration and voting; helping individuals obtain photo identification for voting; developing a system for training and recruiting VIVA volunteers; and outreach to governmental agencies, political parties, and nonprofits to help identify and assist voters without photo identification. SBOE Duties Would require the SBOE to disseminate information about photo identification requirements and how to obtain photo identification for voting, and to assist registered voters in obtaining photo identification. The SBOE would disseminate information through a variety of media; work with public agencies, private partners, and nonprofits on these efforts; and ensure that all outreach efforts be accessible to the elderly and persons with disabilities. The Executive Director of the SBOE would assign staff to assist the VIVA board with these efforts. Part II: Photo Identification Current Law: Statement of Name and Address All Voters: When appearing at the polls, a voter must state his or her name and residence address to the election official. The individual, if verified by the election official as a registered voter, must then sign his or her name to the poll book, other voting record, or voter authorization document prior to voting. (G.S ). County boards may not require voters to show voter registration cards to vote. (G.S ) Showing of ID Certain First Time Voters: A voter registering by mail, who has not previously voted in an election with a federal ballot item, must provide one of the following forms of identification prior to voting in person: A current and valid photo ID. O. Walker Reagan Director *H589-SMTC-21(e3)-v2* Research Division (919)

2 Page 2 A copy of one of the following documents that shows the name and address of the voter: current utility bill, bank statement, government check, paycheck, or other government document. (HAVA documents) A voter is exempted from showing identification if that individual included as part of the voter registration one of the forms of ID listed above, or his or her driver's license number or the last four digits of his or her social security number which matched an existing State identification record. Also exempt are overseas and military voters entitled to vote by absentee ballot under the Uniform Military and Overseas Voter Act (Article 21A of Chapter 163) and voters entitled to vote other than in person under the federal Voting Accessibility for the Elderly and Handicapped Act. (G.S ) Photo Identification Requirement (Section 4) - Would establish G.S , requiring all voters voting in person to present photo identification (photo ID) bearing any reasonable resemblance to the voter, subject to the exceptions noted below. Voters without photo ID would vote a provisional ballot. Acceptable forms of photo ID for voting identification (Section 4) 1. An identification card containing a photograph of the registered voter that: o Bears either a date of expiration or date of issuance, o Is not more than10 years beyond the date of expiration or issuance, whichever is later, and o Is issued by a branch, department, agency, or entity of the United States, NC, or any other state. Examples of this identification include: NC driver's license. NC special identification card. US passport. Employee identification card. US military identification card. UNC constituent institution identification card. NC community college identification card. Identification card issued to a fireman, EMS, hospital employee, or law enforcement officer. Identification card issued by a unit of local government, public authority, or special district. Identification card issued for a government program of public assistance. 2. A Veterans Identification Card issued by the US Department of Veterans Affairs. 3. For voters over the age of 70, an identification card that: o Bears a date of expiration, o Was not expired on the day the voter reached the age of 70, and o Is issued by a branch, department, agency, or entity of the United States, NC, or any other state. Exceptions to the Photo Identification Requirement (Sections 4, 6, and 9) o Religious Objectors (Page 2, line and Section 6) Voters with a sincerely held religious belief against being photographed would be permitted to vote a regular ballot if that person executed a declaration of that objection before an election official more than 25 days before the election. The declaration would be incorporated into the voter's official voter registration record. o Curbside Voters (Page 2, lines and Section 9) Qualified voters who due to age or physical disability are unable to enter the voting enclosure are permitted to vote in their vehicle (G.S ). These voters could comply with the photo ID requirements in one of three ways: 1. Presenting acceptable photo ID. 2. Presenting a copy of a HAVA document. 3. Completing a declaration stating the voter's identity signed by the voter and by a person accompanying the voter who declares they personally know the voter and who shows acceptable photo ID.

3 Page 3 Reasonable Resemblance Determination (Section 5) - If the election official determines the voter's photo ID does not bear any reasonable resemblance to the voter, the judges of election present would be required to rule on the matter. o A voter is permitted to vote unless the judges present unanimously agree that the photo has no reasonable resemblance to the voter. This determination is dispositive in a challenge on the basis of voter identity. o A voter may vote a challenged ballot if the judges present unanimously agree there is no reasonable resemblance to the voter. Election judges would be made available for this purpose during one-stop voting, and following the election up to canvass at the county board of elections. Records would be kept of the reasonable resemblance determinations by election judges where the voter is permitted to vote. Provisional Ballots for those without Photo Identification (Section 11) An individual who voted a provisional ballot due to lack of photo ID may come in person to the county board of elections (CBOE) no later than noon on the day before the election canvass to seek the counting of the ballot. If the voter does one of the following at the CBOE, unless otherwise disqualified, the ballot will be counted: o Present Photo ID A voter may present photo ID that bears a reasonable resemblance to the voter. o Natural Disaster Affidavit A voter who was unable to produce photo ID as a result of a natural disaster declared by the President or Governor may sign an declaration to that effect. o Religious Objection A voter who had not previously filed a religious objection declaration may show a HAVA document and sign a declaration of their religious objection, as well as have an opportunity to complete a declaration for future elections. Conforming Changes: The remainder of the Part would make the following conforming changes: Section 7 - Require photo identification in addition to documentation for proof of residency for same day registration and voting at one-stop sites. Section 8 - Require photo identification when voting in-person on election day. Section 10 - Require photo identification when voting in-person at a one-stop site. Section 12 Add failure to provide photo identification as grounds for an election day voter challenge. Part III Implementation Waiver of Fees for Photo ID and Birth Certificates (Sections 13 and 14) Current Law Special ID Cards - Individuals may obtain a special identification card from the Division of Motor Vehicles (DMV) which requires the same documentation of identity and residence as a NC driver's license. The fee for a special identification card is currently $20-$32, depending on the individual's age. The fee is waived for those who are legally blind, older than 70, homeless, or who have had a license canceled due to physical or mental disability or disease. (G.S ) Certified Birth Certificates and Marriage Licenses - Certified copies of birth certificates and marriage licenses may be obtained from NC Vital Records or the register of deeds in each county. The cost to obtain these vital records ranges from $10-$24. (G.S. 130A-93.1 and G.S ) Would waive the fee for special identification cards and certified birth certificates or marriage licenses if the individual signs a declaration that the voter is: 1) registered or registering to vote and 2) does not have other photo identification needed to vote. The DMV, State Registrar, and county register of deeds would be required to verify the individual's voter registration prior to issuing the documents unless the person is registering at the DMV when applying for the special identification card. False or fraudulent statements on these declarations would be a Class I felony.

4 Page 4 Reimbursement of Fee Waivers (Section 18) - The SBOE would be required to reimburse the DMV, State Registrar, and county registers of deeds for direct costs associated with administering fee waivers required for special identification cards and certified birth or marriage certificates. Mail-In Absentee Voting (Section 16) Current Law Request for Absentee Ballot - To vote absentee by mail, a voter must submit either a handwritten request or a form generated by the CBOE and signed by the requestor. The request may also be made by a near relative or legal guardian. Voting by Mail - The CBOE then mails the voter a ballot and container return envelope printed with a ballot application. In the presence of a person who is at least 18 and not a candidate or employee of certain adult care homes, the voter must complete the absentee ballot, place it in the container return envelope, and sign and certify on the container return envelope ballot application that the voter is eligible to vote and has voted the enclosed ballot. The witness must also sign the ballot application and certificate as a witness and indicate the witness's address. Request Form for Absentee Ballot - A request for an absentee ballot must be made in writing on a form created by the SBOE and signed by the voter or near relative/legal guardian. The form must require the following information: o Voter's name and residential address. o Near relative/legal guardian's name and address (if requestor). o Voter's address for mailing of ballot (if different from residential address). o One or more of the following: 1. NC driver's license number. 2. Voter's NC special ID card number. 3. Last 4 digits of voter's Social Security Number. If the individual does not have one of the above numbers, the voter may include a HAVA document with the request. o Voter's date of birth. o Signature of voter or near relative/legal guardian (if requestor). The CBOE must confirm the voter's registration prior to issuing the voter an absentee application and ballot. Voting by Mail The voter must complete the absentee ballot in the presence of two voters who are at least 18 and not a candidate or employee of certain adult care homes. Both individuals must sign the absentee application and certificate as witnesses and indicate their addresses. If a near relative/legal guardian assisted the voter, that individual's name and address must also be listed. Verifiable Legal Guardian Would define "verifiable legal guardian" for absentee voting as an individual or corporation appointed guardian under Chapter 35A. Corporate guardians could submit a list of up to 10 individuals to the SBOE to act for the corporation with regards to absentee ballots. Education and Publicity Requirements (Section 17, 19 and 20) Publicity Requirements (Section 17) Counties would be required to provide notice about new photo identification requirements when communicating with voters about district assignments, sending new voter registration cards, and placing information on the CBOE website, and must include information in the notice of elections for the 2014 primary and general election. Information should also be posted at the polls during the 2014 elections. The SBOE would be required to place information about the photo identification requirements on its website and distribute information to groups and organizations serving persons with disabilities or the elderly. The VIVA

5 Page 5 board would provide education and assistance to voters. The SBOE may publish a Voter Guide that includes the voter identification procedures and requirements. Notice of Class I Felony (Section 19) The SBOE would be required to include a prominent statement on all election forms that submitting fraudulent or false declarations is a Class I felony. Electronic Pollbooks (Section 20) The SBOE would be required to study and report to the Joint Legislative Elections Oversight Committee on a secure and feasible method of creating and utilizing electronic pollbooks with digital photographs of registered voters, including a proposed pilot project, by April 1, Severability Clause (Section 21) Would sever any section of the bill held invalid so that the remainder of the act would be given effect without that section. EFFECTIVE DATE: Part I would become effective July 1, 2016, and expire December 31, Part II would become effective January 1, 2016, and apply to elections conducted on or after that date. Sections 13 and 14 would become effective October 1, Section 16 would become effective January 1, 2014 and apply to primaries and elections held on or after that date. The remainder of the bill would become effective when it becomes law. The entire act would become effective only if the General Assembly appropriates funds in the 2013 budget to implement it. HB 589 may not be implemented until the session law has received "preclearance" approval under Section 5 of the Voting Rights of At elections occurring between August 1, 2013 and January 1, 2016: o Individuals may, but are not required to, present photo ID at elections. o Voters must be informed that photo ID will be required beginning in 2016 and must be asked if they have a required photo ID. Voters who do not have photo ID will be asked to sign an acknowledgement of the requirement and will be given a list of appropriate photo ID and information on how to obtain ID. The list of voters signing the acknowledgment will be public record.