§ 163-231. Voting absentee ballots and transmitting them to the county board of elections. - North Carolina Statutes

§ 163‑231.  Votingabsentee ballots and transmitting them to the county board of elections.

(a)        Procedure forVoting Absentee Ballots. – In the presence of a person who is at least 18 yearsof age, and who is not disqualified by G.S. 163‑226.3(a)(4) or G.S. 163‑237(b1),the voter shall:

(1)        Mark the voter'sballots, or cause them to be marked by that person in the voter's presenceaccording to the voter's instruction;

(2)        Fold each ballotseparately, or cause each of them to be folded in the voter's presence;

(3)        Place the foldedballots in the container‑return envelope and securely seal it, or havethis done in the voter's presence;

(4)        Make the applicationprinted on the container‑return envelope according to the provisions ofG.S. 163‑229(b) and make the certificate printed on the container‑returnenvelope according to the provisions of G.S. 163‑229(b).

The person in whose presencethe ballot is marked shall at all times respect the secrecy of the ballot andthe privacy of the absentee voter, unless the voter requests the person'sassistance and the person is otherwise authorized by law to give assistance.The person in whose presence the ballot was marked shall sign the applicationand certificate as a witness and shall indicate that person's address. Whenthus executed, the sealed container‑return envelope, with the ballotsenclosed, shall be transmitted in accordance with the provisions of subsection(b) of this section to the county board of elections which issued the ballots.

(a1)      Repealed by SessionLaws 1987, c. 583, s. 1.

(b)        TransmittingExecuted Absentee Ballots to County Board of Elections. – The sealed container‑returnenvelope in which executed absentee ballots have been placed shall betransmitted to the county board of elections who issued them as follows: Allballots issued under the provisions of Articles 20 and 21 of this Chapter shallbe transmitted by mail or by commercial courier service, at the voter'sexpense, or delivered in person, or by the voter's near relative or verifiablelegal guardian not later than 5:00 p.m. on the day before the statewide primaryor general election or county bond election. If ballots are received later thanthat hour, they shall not be accepted unless (i) federal law so requires, (ii)if ballots issued under Article 20 of this Chapter are postmarked by the day ofthe statewide primary or general election or county bond election and arereceived by the county board of elections not later than three days after theelection by 5:00 p.m., or (iii) if ballots issued under Article 21 of thisChapter are received by the county board of elections not later than three daysafter the election by 5:00 p.m. Ballots issued under Article 20 of this Chapternot postmarked by the day of the election shall not be accepted by the countyboard of elections.  (1939, c. 159, ss. 2, 5; 1941, c. 248; 1943, c. 736; c. 751, s. 1;1945, c. 758, s. 5; 1963, c. 457, ss. 2, 5; 1967, c. 775, s. 1; 1971, c. 1247,s. 3; 1973, c. 536, s. 1; 1977, c. 469, s. 1; 1979, c. 799, s. 5; 1985, c. 562,ss. 1, 2; 1987, c. 583, ss. 1, 2; 1989 (Reg. Sess., 1990), c. 991, s. 4; 1999‑455,s. 11; 2009‑537, ss. 6, 8(a).)