§ 163-166.11. Provisional voting requirements.
§ 163‑166.11. Provisional voting requirements.
If an individual seeking to vote claims to be a registered voter in ajurisdiction as provided in G.S. 163‑82.1 and though eligible to vote inthe election does not appear on the official list of eligible registered votersin the voting place, that individual may cast a provisional official ballot asfollows:
(1) An election official at the voting place shall notify theindividual that the individual may cast a provisional official ballot in thatelection.
(2) The individual may cast a provisional official ballot atthat voting place upon executing a written affirmation before an electionofficial at the voting place, stating that the individual is a registered voterin the jurisdiction as provided in G.S. 163‑82.1 in which the individualseeks to vote and is eligible to vote in that election.
(2a) A voter who has moved within the county more than 30 daysbefore election day but has not reported the move to the board of electionsshall not be required on that account to vote a provisional ballot at the one‑stopsite, as long as the one‑stop site has available all the informationnecessary to determine whether a voter is registered to vote in the county andwhich ballot the voter is eligible to vote based on the voter's properresidence address. The voter with that kind of unreported move shall be allowedto vote the same kind of absentee ballot as other one‑stop voters asprovided in G.S. 163‑227.2(e2).
(3) At the time the individual casts the provisional officialballot, the election officials shall provide the individual written informationstating that anyone casting a provisional official ballot can ascertain whetherand to what extent the ballot was counted and, if the ballot was not counted inwhole or in part, the reason it was not counted. The State Board of Electionsor the county board of elections shall establish a system for so informing aprovisional voter. It shall make the system available to every provisionalvoter without charge, and it shall build into it reasonable procedures toprotect the security, confidentiality, and integrity of the voter's personalinformation and vote.
(4) The cast provisional official ballot and the writtenaffirmation shall be secured by election officials at the voting placeaccording to guidelines and procedures adopted by the State Board of Elections.At the close of the polls, election officials shall transmit the provisionalofficial ballots cast at that voting place to the county board of elections forprompt verification according to guidelines and procedures adopted by the StateBoard of Elections.
(5) The county board of elections shall count the individual'sprovisional official ballot for all ballot items on which it determines thatthe individual was eligible under State or federal law to vote. (2003‑226, s. 15; 2005‑2, s. 4; 2005‑428, s. 6(b).)