§ 163-251. Certified list of approved military absentee ballot applications; record of ballots received; disposition of list; list constitutes registration. - North Carolina Statutes

§ 163‑251. Certified list of approved military absentee ballot applications; record ofballots received; disposition of list; list constitutes registration.

(a)        Preparation of List. – The chairman of the county board ofelections shall prepare, or cause to be prepared, a list in quadruplicate ofall military absentee ballots returned to the county board of elections to becounted which have been approved by the county board of elections. At the endof the list the chairman shall execute the following certificate under oath:

"State of North Carolina

County of_______________________________________________________

I, __________________, Chairman of the__________________ County Board of Elections, do hereby certify that theforegoing is a list of all executed military absentee ballots to be voted inthe election to be conducted on the __________ day of ____________, ________,which have been approved by the County Board of Elections. I further certifythat I have issued ballots to no other persons than those listed herein andfurther that I have not delivered military absentee ballots to persons otherthan those listed herein; that this list constitutes the only precinctregistration of military absentee voters whose names have not heretofore beenentered on the regular registration of the appropriate precinct.

This the __________ day of _______, _____.

___________________________________________

(Signature of Chairman of County

Board of Elections)

Sworn to and subscribed before me this __________ dayof ____________, ________

_______________________________________________________________

(Signature of Officer administering oath)

_______________________________________________________________

(Title of officer)"

(b)        Distribution of List. – No earlier than 3:00 P.M. on the daybefore the election and no later than 10:00 A.M. on election day, the chairmanshall cause one copy of the list of executed military absentee ballots, whichmay be a continuing countywide list or a separate list for each precinct, to beimmediately deposited as first‑class mail to the State Board ofElections. The chairman shall retain one copy in the board office for publicinspection and he shall cause two copies of the appropriate precinct list to bedelivered to the chief judge of each precinct in the county. The chief judgeshall post one copy in the voting place and retain one copy until allchallenges of absentee ballots have been heard by the county board ofelections. Challenges shall be made as provided in G.S. 163‑89.

After receipt of the list of absentee voters required by this sectionthe chief judge shall call the name of each person recorded on the list andenter an "A" in the appropriate voting square on the voter'spermanent registration record, if any. If such person is already recorded ashaving voted in that election, the chief judge shall enter a challenge whichshall be presented to the chairman of the county board of elections forresolution by the board of elections prior to certification of results by theboard.

(c)        List Constitutes Registration. – The "List ofApplicants for Military Absentee Ballots to Whom Ballots Have Been Issued"prescribed by this section, when delivered to the chief judges of the variousprecincts, shall constitute the only precinct registration of the militaryabsentee voters listed thereon whose names are not already entered in theregistration records of the appropriate precinct. Chief judges shall not addthe names of persons listed on the military absentee list to the regularregistration books of their precincts.

(d)        Counting Ballots, Hearing Challenges. – The county board ofelections shall count military ballots as provided for civilian absenteeballots in G.S. 163‑234, and shall hear challenges as provided in G.S.163‑89. (1941, c. 346, ss.7‑10, 12, 13; 1943, c. 503, ss. 4, 5; 1963, c. 457, s. 15; 1967, c. 775,s. 1; 1973, c. 536, s. 2; 1977, c. 265, s. 17; 1979, c. 797, s. 3; 1981, c.155, s. 2; c. 308, s. 3; 1983, c. 331, s. 4; 1993 (Reg. Sess., 1994), c. 762,ss. 56, 57; 1999‑456, s. 59.)