Chapter 18 – Absentee Ballots 08 NCac 18 0101

chapter 18 – absentee ballots 08 ncac 18 .0101 absentee ballot delivery (a) a qualified individual with a disability who, due to a disabil

chapter 18 – absentee ballots
08 NCac 18 .0101 absentee ballot delivery
(a) A qualified individual with a disability who, due to a disability,
requires assistance mailing his or her return envelope containing an
executed absentee ballot may direct that the sealed envelope be taken
directly to the closest U.S. mail depository or mailbox by a person
selected by the voter, so long as the individual is not disqualified
from assisting the voter under G.S. 163A-1298(a)(4) or G.S.
163A-1317(c). For purposes of this Rule, "directly" means taken to the
depository or mailbox without stopping or making any detour. For the
purposes of this Rule, "closest" means the location the shortest
distance away from the voter.
(b) Any individual who assists in the manner described in this Rule
shall indicate that he or she assisted the voter by marking the space
provided for assistors on the return envelope containing the executed
absentee ballot.
(c) This Rule is adopted in accord with Title II of the Americans with
Disabilities Act of 1990, which provides that "no qualified individual
with a disability shall, by reason of such disability, be excluded
from participation in or be denied the benefits of the services,
programs, or activities of a public entity, or be subjected to
discrimination by any such entity."
History Note: Authority G.S. 163A-741; 163A-1308(g); 163A-1310(b)(1);
42 U.S.C. 12132; Nat'l Fed'n of the Blind v. Lamone, 813 F.3d 494 (4th
Cir. 2016);
Eff. September 1, 2018.
08 NCAC 18 .0102 in-person return of absentee ballots
Any person who returns an absentee ballot in person to a county board
of elections office shall, upon delivery, provide the following
information in writing:
(1) Name of voter;
(2) Name of person delivering ballot;
(3) Relationship to voter;
(4) Phone number (if available) and current address of person
delivering ballot;
(5) Date and time of delivery of ballot; and
(6) Signature or mark of person delivering ballot certifying that the
information provided is true and correct and that the person is the
voter or the voter's near relative as defined in G.S. 163A-1308(h) or
verifiable legal guardian as defined in G.S. 163A-1295(e).
At the absentee meeting held pursuant to G.S. 163A-1308(e) and G.S.
163A-1315, the county board of elections may consider the delivery of
a ballot in accordance with this Rule in conjunction with other
evidence in determining whether the container-return envelope has been
properly executed according to the requirements in G.S. 163A-1310.
Failure to comply with this Rule shall not constitute evidence
sufficient in and of itself to establish that the voter did not
lawfully vote his or her ballot.
History Note: Authority G.S. 163A-741; 163A-1298(a)(5); 163A-1308(g);
163A-1310;
Eff. December 1, 2018.