Section 163-166.40 - Early voting procedures(a) Any voter eligible to vote may vote a ballot under this Part.(b) Not earlier than the third Thursday before an election in which a voter seeks to vote and not later than 3:00 P.M. on the last Saturday before that election, the voter may appear in person only at the office of the county board of elections, except as provided in G.S. 163-166.35. A county board of elections shall conduct early voting on the last Saturday before the election from 8:00 A.M. until 3:00 P.M.(b1) The voter shall enter the voting enclosure at the board office through the appropriate entrance and shall at once do all of the following:(1) State his or her name to an authorized member or employee of the board or election official.(2) State the voter's place of residence to an authorized member or employee of the board or election official.(3) Present photo identification in accordance with G.S. 163-166.16.(4) State the political party with which the voter affiliates and in whose primary the voter desires to vote. If the voter is an unaffiliated voter voting in the primary of a particular party under G.S. 163-119, the voter shall state the name of the political party in whose primary the voter wishes to vote.(b2) The board member or employee or election official to whom the voter gives this information shall announce the name and residence of the voter in a distinct tone of voice. After examining the registration records, he or she shall state whether the person seeking to vote is duly registered. If the voter is found to be registered that voter may vote a ballot under this Part.(c)All actions required by this section shall be performed in the office of the board of elections, except that the voting may take place in an adjacent room as provided by subsection (e) of this section.
(e) The voter shall vote that voter's ballot during early voting in a voting booth in the office of the county board of elections, and the county board of elections shall provide a voting booth for that purpose, provided however, that the county board of elections may in the alternative provide a private room for the voter adjacent to the office of the board, in which case the voter shall vote that voter's ballot in that room. A voter at an early voting site shall be entitled to the same assistance as a voter at a voting place on election day under G.S. 163-166.8. The State Board shall, where appropriate, adapt the rules it adopts under G.S. 163-166.8. to early voting.(f) At any site where early voting is conducted, there shall be a curtained or otherwise private area where the voter may mark the ballot unobserved.(g) A voter who has moved within the county more than 30 days before election day but has not reported the move to the board of elections shall not be required on that account to vote a provisional ballot at the early voting site, as long as the early voting site has available all the information necessary to determine whether a voter is registered to vote in the county and which ballot the voter is eligible to vote based on the voter's proper residence address. The voter with that kind of unreported move shall be allowed to vote the same kind of ballot as other voters voting a ballot during early voting.(h) Notwithstanding the exception specified in G.S. 163-36, counties which operate a modified full-time office shall remain open five days each week during regular business hours consistent with daily hours presently observed by the county board of elections, commencing with the date prescribed in subsection (b) of this section and continuing until 5:00 P.M. on the Friday prior to that election and shall also be open on the last Saturday before the election. A county board may conduct early voting during evenings or on weekends, as long as the hours are part of a plan submitted and approved according to subsection (g) of this section. The boards of county commissioners shall provide necessary funds for the additional operation of the office during that time. N.C. Gen. Stat. § 163-166.40
Amended by 2023 N.C. Sess. Laws 140,s. 27-c, eff. 1/1/2024.Renumbered from § 163-227.2 by 2023 N.C. Sess. Laws 140,s. 1-a, eff. 1/1/2024.Amended by 2019 N.C. Sess. Laws 239, s. 2-a, eff. 1/1/2020.Renumbered from Chapter 163A by 2018 N.C. Sess. Laws 146, s. 3.1-a, eff. 1/31/2019.Amended by 2015 N.C. Sess. Laws 103, s. 8-b, s. 8-c, eff. 1/1/2016.Amended by 2014 N.C. Sess. Laws 111, s. 3, eff. 8/6/2014.Amended by 2013 N.C. Sess. Laws 381, s. 30.7, eff. 1/1/2018. 2013 N.C. Sess. Laws 381, s. 30.1, s. 30.9, as amended by 2015 N.C. Sess. Laws 103, s. 6-b, reads, "This Part becomes effective September 1, 2019, for counties that use direct record electronic voting machines on election day as of January 1, 2015. This Part becomes effective for all other counties January 1, 2018."Amended by 2013 N.C. Sess. Laws 381, s. 2.7, eff. 1/1/2016.Amended by 2013 N.C. Sess. Laws 381, s. 16.5, s. 25.1, s. 25.2, s. 25.3, eff. 1/1/2014.Amended by 2009 N.C. Sess. Laws 541, s. 23, eff. 8/28/2009.Amended by 2007 N.C. Sess. Laws 391, s. 34.(a), eff. 1/1/2008.Amended by 2007 N.C. Sess. Laws 253, s. 3, eff. as follows: (1) If preclearance under Section 5 of the Voting Rights Act of 1965 is obtained before September 1, 2007, those sections are effective with regard to registration and voting for any primary or election held on or after October 9, 2007. (2) If preclearance is obtained during September 2007, those sections are effective with regard to registration and voting for any primary or election held on or after November 6, 2007. (3) If preclearance is obtained on or after October 1, 2007, those sections are effective with regard to registration and voting for any primary or election held on or after the 60th day after preclearance is obtained.Amended by 2005 N.C. Sess. Laws 428, s. 5.(a), eff. 1/1/2006, and ss. 6.(a), 7, eff. 9/22/2005.Amended by 2003 N.C. Sess. Laws 0278, s. 11, eff. 6/27/2003.Amended by 2001 - 319, ss. 5(a), 5(b), and 5(c), eff. 1/1/2002.Amended by 2001 - 337, s. 2, eff. 1/1/2002.Amended by 2001 - 353, s. 9, eff. 8/10/2001. 1973, c. 536, s. 1; 1975, c. 844, s. 12; 1977, c. 469, s. 1; c. 626, s. 1; 1979, c. 107, s. 14; c. 799, ss. 1-3; 1981, c. 305, s. 2; 1985, c. 600, s. 4; 1987, c. 583, s. 4; 1989, c. 520; 1989 Reg. Sess., 1990 , c. 991, s. 2; 1993 Reg. Sess., 1994 , c. 762, s. 53; 1995, c. 243, s. 1; c. 509, ss. 117, 118; 1995 Reg. Sess., 1996 , c. 561, s. 4; 1997-510, s. 2; 1999-455, s. 6; 2000-136, s. 2. See 2015 N.C. Sess. Laws 103, s. 6-b.Town of Columbia, 2011 N.C. Sess. Laws 132, s. 1