Voting in North Carolina
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Contents
- 1 Voter registration
- 2 Voting in elections
- 3 Absentee voting
- 4 Early voting
- 5 Convicted felons' voting rights
- 6 Election administration costs
- 7 Election agencies
- 8 Noteworthy events
- 9 Election policy ballot measures
- 10 Election policy legislation
- 11 Recent news
- 12 See also
- 13 External links
- 14 Footnotes
Voting policies are enacted and enforced primarily at the state level. These policies, which include voter identification requirements, early voting provisions, online voter registration systems, and more, dictate the conditions under which American citizens cast their ballots in their individual states.
This page includes the following:
- Voter registration details, including methods of registering and requirements
- Details on voting in elections, including identification requirements, poll times, and primary election type
- Absentee/mail-in voting rules[1]
- Early voting rules
- Convicted felons' voting rights
- Election administration costs report
- Election agencies list
- Election policy ballot measures list
- Election policy legislation list
Voter registration
To register to vote in North Carolina, each applicant must be a United States citizen and a resident of the county in which they are registering to vote for at least 30 days before the election. Applicants must be at least 18 years old by the time of the next election. Individuals who have been convicted of a felony must have their rights restored in order to register to vote.[2] The North Carolina voter registration application is available online. Applications are also available at election board offices, public libraries, high schools, and college admissions offices. Voter registration applications must be postmarked or received by the county board of elections at least 25 days before the election. Voter registration services are also provided by the following agencies:[2]
- North Carolina Department of Motor Vehicles
- Departments of Social Services (DSS)
- Departments of Public Health (WIC)
- Vocational rehabilitation offices
- Departments of Services for the Blind
- Departments of Services for the Deaf and Hard of Hearing
- Departments of Mental Health Services
- Employment Security Commission (ESC)
Automatic registration
North Carolina does not practice automatic voter registration.
Online registration
- See also: Online voter registration
North Carolina has implemented an online voter registration system. Residents can register to vote by visiting this website.
Same-day registration
North Carolina allows same-day voter registration during early voting only.[2]
Residency requirements
Prospective voters must reside in the county in which they are registering to vote for at least 30 days before the election.
Verification of citizenship
North Carolina does not require proof of citizenship for voter registration.
Verifying your registration
The North Carolina State Board of Elections allows residents to check their voter registration status online by visiting this website.
Voting in elections
Voter identification
- See also: Voter identification laws by state
Under North Carolina's voter identification law, voters can present the following forms of identification at the polls.[3]
- North Carolina driver’s license or non-operator ID that is unexpired or expired for one year or less
- Driver’s license or non-operator ID from a different U.S. State or Territory if the voter registered within 90 days of the election
- U.S. military ID or veteran ID
- U.S. passport that is unexpired or expired for one year or less
- North Carolina Voter ID Card that is unexpired or expired for one year or less
- Employee ID from an approved state or local government employer that is unexpired or expired for one year or less
- Approved student ID that is unexpired or expired for one year or less
- Tribal Enrollment Card issued by an approved state tribe or a federal tribe
North Carolina's voter ID law is currently not being enforced as the result of a court order.
Background
- See also: North Carolina Voter ID Amendment (2018)
Background: On November 6, 2018, North Carolinians approved a state constitutional amendment establishing a photo identification requirement for voters. The state legislature, with Republican majorities in both chambers, approved implementing legislation (SB 824) in December of that year, overriding Democratic Governor Roy Cooper's veto. SB 824 has been subject to several lawsuits, major developments in which are detailed below.
Current status of the law: North Carolina's voter ID is not in force. A state trial court issued a permanent injunction against the law on September 17, 2021, finding that the law violated the state constitution.
State court actions: Shortly after the enactment of SB 824, the law's opponents filed suit in the Wake County Superior Court, seeking an injunction to bar the law's enforcement. On July 19, 2019, the court ruled that the plaintiffs had "made sufficient factual allegations to support" their claims of intentional racial discrimination. However, the court declined the plaintiffs' motion for an injunction. Plaintiffs appealed to the North Carolina Court of Appeals, which, on February 18, 2020, found that the plaintiffs "had shown a clear likelihood of success on the merits of their discriminatory-intent claim." The three-judge panel, comprising Judges Toby Hampson, John S. Arrowood, and Allegra Collins, ruled unanimously on the matter and remanded the case to the Wake County Superior Court, instructing the lower court to grant the plaintiffs' motion for an injunction. The lower court did so and heard oral arguments on the merits in April 2021.[4]
On September 17, 2021, a three-judge panel of the Wake County Superior Court ruled 2-1 in favor of the plaintiffs, finding that "the evidence at trial [is] sufficient to show that the enactment of S.B. 824 was motivated at least in part by an unconstitutional intent to target African American voters." The court also ruled that "[o]ther, less restrictive voter ID laws would have sufficed to achieve the legitimate nonracial purposes of implementing the constitutional amendment requiring voter ID, deterring fraud, or enhancing voter confident." The court, therefore, permanently enjoined the enforcement of the law. Judges Michael O'Foghludha and Vince M. Rozier Jr. formed the majority. Judge Nathaniel J. Poovey dissented. Sam Hayes, general counsel for House Speaker Tim Moore (R), said Moore would appeal the ruling.[5][6]
Federal court actions: On December 21, 2019, Judge Loretta Biggs, of the United States District Court for the Middle District of North Carolina, enjoined North Carolina officials from enforcing the state's voter identification law.[7][8]
In the opinion ordering the injunction, Biggs, appointed to the court by President Barack Obama (D), wrote, "Plaintiffs have satisfied each element required to support the issuance of a preliminary injunction with respect to their claims that S.B. 824’s voter-ID (both in-person and absentee) and ballot-challenge provisions were impermissibly motivated, at least in part, by discriminatory intent. Those provisions will be enjoined pending trial. In contrast, the evidence in the record does not sufficiently demonstrate that S.B. 824’s provision expanding the number of at-large poll workers allotted to both political parties warrants an injunction at this time."[7][8]
Biggs' December 31 order was not a final ruling on the merits. Biggs' order prevented election officials from enforcing voter identification requirements pending resolution of the case.[7]
On December 2, 2020, a three-judge panel of the United States Court of Appeals for the Fourth Circuit unanimously reversed the district court's decision, upholding the legality of the voter ID law. Judge Julius Richardson, a Donald Trump (R) appointee, wrote the following in the court's opinion:[9]
| “ | We do not doubt ... that there is a long and shameful history of race-based voter suppression in North Carolina. But we made clear in McCrory that our holding did not 'freeze North Carolina election law in place.' The district court failed to adhere to our admonishment and the Supreme Court’s unmistakable commands in Abbott. Instead, it considered the North Carolina General Assembly’s past conduct to bear so heavily on its later acts that it was virtually impossible for it to pass a voter-ID law that meets constitutional muster. In doing so, the district court improperly reversed the burden of proof and disregarded the presumption of legislative good faith. And the remaining evidence in the record fails to meet the Challengers’ burden. For these reasons, the district court abused its discretion in issuing the preliminary injunction.[10] | ” |
Judges Pamela Harris and A. Marvin Quattlebaum Jr., Barack Obama (D) and Trump appointees, respectively, joined in the decision.[9]
Poll times
- See also: State poll opening and closing times
In North Carolina, polling places are open from 6:30 a.m. to 7:30 p.m. Eastern Time. Any voter who is standing in line at the time polls close must be permitted to vote.[11]
Primary election type
- See also: Primary elections in North Carolina
A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. They are also used to choose convention delegates and party leaders. Primaries are state-level and local-level elections that take place prior to a general election. North Carolina utilizes a semi-closed primary system. Parties decide who may vote in their respective primaries. Voters may choose a primary ballot without impacting their unaffiliated status.[12][13][14][15]
Absentee voting
- See also: Absentee voting
All voters are eligible to vote absentee in North Carolina. There are no special eligibility requirements for voting absentee.[16]
A request to vote absentee must be received by the appropriate county board of elections no later than 5 p.m. on the last Tuesday before the election. The completed ballot must be received by the elections office by 5 p.m. on the day of the election.[16]
Early voting
- See also: Early voting
North Carolina permits early voting. Learn more by visiting this website.
As of April 2021, 38 states and the District of Columbia permitted early voting. Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit early voting, a voter does not have to provide an excuse for being unable to vote on election day. States that do not permit early voting still permit some or all citizens to vote early by mail—often known as absentee voting. Some states allow no-excuse absentee voting, while others require an excuse. States that allow in-person absentee voting without an excuse are counted among early voting states. Click here for early voting laws by state.[17]
Convicted felons' voting rights
- See also: Voting rights for convicted felons
In North Carolina, individuals convicted of a felony temporarily lose their rights of citizenship, including their franchise. These rights are automatically recovered upon completion of their entire sentence, including incarceration, parole or probation, and restitution, and may be recovered earlier with a pardon. Although it is not necessary, it is preferable to obtain a Certificate of Restoration of Forfeited Rights of Citizenship to present as proof of completion of one's sentence when re-registering to vote. Click here for more information on restoring citizenship rights in North Carolina.
On September 4, 2020, a three-judge panel of the North Carolina Superior Court temporarily enjoined a state law preventing former felons with outstanding fines or fees from registering to vote. The court ruled 2-1 on the matter, with Judges Lisa C. Bell and Keith O. Gregory forming the majority. Judge John Dunlow dissented.[18]
Voting rights for convicted felons vary from state to state. In the majority of states, convicted felons cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.[19][20][21]
Election administration costs
National Conference of State Legislatures report, 2018
On February 14, 2018, the National Conference of State Legislatures (NCSL) released a report on the costs of election administration in the states: "The Price of Democracy: Splitting the Bill for Elections." The report's authors noted that "no one knows how much [states] spend on elections ... [because] good research on election costs is slim." Generally, local units of government (most often counties, but sometimes cities and towns) are primarily responsible for election administration costs, though states and the federal government may also contribute. The report identified the states listed in the table below as assuming financial responsibility for at least some aspects of election administration.[22]
To access the complete NCSL report, click here.
| Election administration costs assumed by state | |||
|---|---|---|---|
| State pays all expenses for federal or state elections | State bears a portion of election costs | State pays for statewide special elections or statewide elections that don’t coincide with regularly scheduled elections | State pays for primary elections (statewide, presidential, or both) |
| Alaska Delaware |
Alabama Colorado Hawaii Kentucky Louisiana Rhode Island |
Arkansas Florida Iowa Michigan Missouri New Jersey North Dakota Ohio Oregon Pennsylvania Tennessee Washington West Virginia |
Arizona Arkansas Idaho Kansas Michigan Minnesota Missouri South Carolina Tennessee Texas Virginia Washington |
| Note: If a state is not listed above, it was not included in the report. Source: National Conference of State Legislatures, "The Price of Democracy: Splitting the Bill for Elections," February 14, 2018 | |||
Election agencies
- See also: State election agencies
Individuals seeking additional information about voting provisions in North Carolina can contact the following state and federal agencies.
North Carolina State Board of Elections
- 506 North Harrington St.
- PO Box 27255
- Raleigh, North Carolina 27603-1326
- Main phone number: 919-733-7173
- Toll-free: 866-522-4723
- Fax: 919-715-0135
- Website: http://www.sboe.state.nc.us/
- Email: elections.sboe@ncsbe.gov
U.S. Election Assistance Commission
- 1335 East West Highway, Suite 4300
- Silver Spring, Maryland 20910
- Telephone: 866-747-1471
Noteworthy events
Challenges to voters' residency status (2018)
On August 8, 2018, Judge Loretta Copeland Biggs, of the United States District Court for the Middle District of North Carolina, invalidated a state statute permitting one voter to challenge the residency status of another, finding that the statute contravened the National Voter Registration Act. The case was initiated by the NAACP and others, who alleged that the practice disproportionately targeted black voters. Leah Kang, an attorney for the plaintiffs, praised Biggs' ruling: "By purging dozens and sometimes of hundreds of voters at a time based on returned postcards, the state was disenfranchising eligible voters and violating federal law. This ruling ensures an end to this illegal practice." Jay Delancy, North Carolina's director for the Voter Integrity Project, whose volunteers initiated the residency challenges in question in an attempt to reduce the probability of voter fraud, said, "We followed North Carolina law scrupulously in filing more than 6,000 individualized voter challenges in 2016 and the local election boards acted properly in sustaining those challenges."[23][24]
Voter ID challenges (2013-2016)
On July 25, 2013, the North Carolina legislature passed a voter identification law. The law "limits the kind of identification that voters can use at the polls to a North Carolina driver’s license, a state-issued ID card, a military ID, or a U.S. passport." Governor Pat McCrory (R) signed the bill into law on August 12, 2013. Parts of the law took effect in 2014, although primary photo identification requirements were not scheduled to take effect until 2016. Two lawsuits were filed after the governor signed the bill. These suits alleged that the law discriminated against minority groups. On September 30, 2013, the United States Department of Justice sued the state over the requirements, charging that the law's new limits on voting discriminated against minorities and thus violated the Voting Rights Act. North Carolina was the first state to approve a voter identification law after the United States Supreme Court struck down portions of the federal Voting Rights Act in June 2013.[25][26][27][28][29][30][31][32]
On July 29, 2016, the United States Court of Appeals for the 4th Circuit struck down the state's photo ID requirement, finding that the state legislature had enacted the requirement with racially discriminatory intent. On May 15, 2017, the Supreme Court of the United States declined to hear the state's appeal, letting the Fourth Circuit's decision stand.[33]
Election policy ballot measures
Ballotpedia has tracked the following ballot measures relating to election and campaign policy in North Carolina.
- North Carolina Age Requirements for Voting and Elective Office, Amendment 1 (1972)
- North Carolina Election Returns for State Executive Officers, Amendment 1 (1926)
- North Carolina Elections for Debt and Taxes, Amendment 4 (1948)
- North Carolina Elections for Office Vacancies, Amendment 2 (1986)
- North Carolina Elections to Fill Vacancies, Amendment 5 (1954)
- North Carolina No Convicted Felons for Sheriff, Amendment 1 (2010)
- North Carolina Odd-Numbered Year Elections, Amendment 1 (May 1986)
- North Carolina Requirements for Voting, Amendment 4 (1954)
- North Carolina Requirements for Voting, Amendment 4 (1962)
- North Carolina Special Elections for Amendments, Amendment 4 (1932)
- North Carolina State, County, Poll and Income Taxes, Amendment 1 (1920)
- North Carolina Voter Approval of Bonds, Amendment 2 (1982)
- North Carolina Voting Requirements, Amendment 2 (1920)
- North Carolina Voting Requirements, Amendment 7 (1970)
Election policy legislation
The following is a list of recent election bills that have been introduced in or passed by the North Carolina state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.
Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.
Recent news
The link below is to the most recent stories in a Google news search for the terms North Carolina voting. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
- Ballot access requirements for political candidates in North Carolina
- Redistricting in North Carolina
Elections in North Carolina
- North Carolina elections, 2022
- North Carolina elections, 2021
- North Carolina elections, 2020
- North Carolina elections, 2019
- North Carolina elections, 2018
- North Carolina elections, 2017
- North Carolina elections, 2016
- North Carolina elections, 2015
- North Carolina elections, 2014
External links
- North Carolina State Board of Elections
- North Carolina State Board of Elections, "Post-Election Audit Report: General Election 2016," April 21, 2017
Footnotes
- ↑ We use the term "absentee/mail-in voting" to describe systems in which requests or applications are required. We use the term "all-mail voting" to denote systems where the ballots themselves are sent automatically to all voters. We use the hyphenate term for absentee voting because some states use “mail voting” (or a similar alternative) to describe what has traditionally been called "absentee voting."
- ↑ 2.0 2.1 2.2 North Carolina State Board of Elections, “Registering to Vote in North Carolina,” accessed October 4, 2019
- ↑ North Carolina State Board of Elections, "Voters Will Be Asked to Show Photo ID Beginning in 2020," accessed October 28, 2019
- ↑ Jurist, "Federal appeals court reverses injunction on North Carolina voter ID law," Dec. 3, 2020
- ↑ Wake County Superior Court, "Holmes v. Moore: Final Judgment and Order," September 17, 2021
- ↑ WRAL.com, "State court boots NC's voter ID law, again," September 17, 2021
- ↑ 7.0 7.1 7.2 United States District Court for the Middle District of North Carolina, "North Carolina State Conference of the NAACP v. Cooper: Memorandum Opinion, Order, and Preliminary Injunction," December 31, 2019
- ↑ 8.0 8.1 ABC News 11, "NC judge formally strikes down voter ID law," December 31, 2019
- ↑ 9.0 9.1 United States Court of Appeals for the Fourth Circuit, "North Carolina State Conference of the NAACP v. Raymond: Order," December 2, 2020
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ North Carolina General Statutes, "163-166.01 Hours for voting," accessed November 12, 2019
- ↑ National Conference of State Legislatures, "State Primary Election Types," accessed October 25, 2019
- ↑ FairVote ,"Primaries," accessed October 25, 2019
- ↑ Ballotpedia research conducted December 26, 2013, through January 3, 2014, researching and analyzing various state websites and codes.
- ↑ North Carolina State Board of Elections, "Election Information," accessed October 25, 2019
- ↑ 16.0 16.1 North Carolina State Board of Elections, "Absentee Voting" accessed October 15, 2019
- ↑ National Conference of State Legislatures, "State Laws Governing Early Voting," August 2, 2019
- ↑ North Carolina Superior Court, "Community Success Initiative v. Moore: Order," September 4, 2020
- ↑ North Carolina State Board of Elections, "Know Your Rights," accessed October 20, 2019
- ↑ National Conference of State Legislatures, "Felon Voting Rights," accessed July 15, 2014
- ↑ American Civil Liberties Union, "State Criminal Re-enfranchisement Laws," accessed September 13, 2019
- ↑ National Conference of State Legislatures, "The Price of Democracy: Splitting the Bill for Elections," February 14, 2018
- ↑ San Francisco Chronicle, "US judge voids part of North Carolina election law," August 8, 2018
- ↑ WRAL.com, "US judge voids part of North Carolina election law," August 8, 2018
- ↑ Politic 365, "Strict North Carolina voter ID law passes, DOJ could review law," July 28, 2013
- ↑ The Huffington Post, "North Carolina Voter ID Opponents React To Bill's Passage, Vow To Continue To Fight," April 25, 2013
- ↑ The Washington Post, "Gov. McCrory quietly signs Republican-backed bill making sweeping changes to NC voting," August 12, 2013
- ↑ The Washington Post, "The next round of the battle over voting rights has begun," August 14, 2013
- ↑ CBS News, "N.C. sued soon after voter ID bill signed into law," August 13, 2013
- ↑ Politico, "Justice Department challenges North Carolina voter ID law," September 30, 2013
- ↑ WSOCTV.com, "NC to offer no-fee voter ID cards starting Thursday," January 2, 2014
- ↑ NewsObserver.com, "Judge to take several weeks to rule on NC voter ID challenge," January 30, 2015
- ↑ Ballot Access News, "U.S. Supreme Court Refuses to Hear All Four Election Law Cases that had Been on Conference Last Week," May 15, 2017
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