§ 163-82.7. Verification of qualifications and address of applicant; denial or approval of application. - North Carolina Statutes

§ 163‑82.7. Verification of qualifications and address of applicant; denial or approval ofapplication.

(a)        Tentative Determination of Qualification. – When a countyboard of elections receives an application for registration submitted pursuantto G.S. 163‑82.6, the board either:

(1)        Shall make a determination that the applicant is notqualified to vote at the address given, or

(2)        Shall make a tentative determination that the applicant isqualified to vote at the address given, subject to the mail verification noticeprocedure outlined in subsection (c) of this section

withina reasonable time after receiving the application.

(b)        Denial of Registration. – If the county board of electionsmakes a determination pursuant to subsection (a) of this section that theapplicant is not qualified to vote at the address given, the board shall send,by certified mail, a notice of denial of registration. The notice of denialshall contain the date on which registration was denied, and shall be mailedwithin two business days after denial. The notice of denial shall inform theapplicant of alternatives that the applicant may pursue to exercise thefranchise. If the applicant disagrees with the denial, the applicant may appealthe decision under G.S. 163‑82.18.

(c)        Verification of Address by Mail. – If the county board ofelections tentatively determines that the applicant is qualified to vote at theaddress given, then the county board shall send a notice to the applicant, bynonforwardable mail, at the address the applicant provides on the applicationform. The notice shall state that the county will register the applicant tovote if the Postal Service does not return the notice as undeliverable to thecounty board. The notice shall also inform the applicant of the precinct andvoting place to which the applicant will be assigned if registered.

(d)        Approval of Application. – If the Postal Service does notreturn the notice as undeliverable, the county board shall register theapplicant to vote.

(e)        Second Notice if First Notice Is Returned as Undeliverable.– If the Postal Service returns the notice as undeliverable, the county boardshall send a second notice by nonforwardable mail to the same address to whichthe first was sent. If the second notice is not returned as undeliverable, thecounty board shall register the applicant to vote.

(f)         Denial of Application Based on Lack of Verification ofAddress. – If the Postal Service returns as undeliverable the notice sent bynonforwardable mail pursuant to subsection (e) of this section, the countyboard shall deny the application. The county board need not try to notify theapplicant further.

(g)        Voting When Verification Process Is Incomplete. – In caseswhere an election occurs before the process of verification outlined in thissection has had time to be completed, the county board of elections shall beguided by the following rules:

(1)        If the county board has made a tentative determination thatan applicant is qualified to vote under subsection (a) of this section, thenthat person shall not be denied the right to vote in person in an electionunless the Postal Service has returned as undeliverable two notices to theapplicant: one mailed pursuant to subsection (c) of this section and one mailedpursuant to subsection (e) of this section. This subdivision does not precludea challenge to the voter's qualifications under Article 8 of this Chapter.

(2)        If the Postal Service has returned as undeliverable a noticesent within 25 days before the election to the applicant under subsection (c)of this section, then the applicant may vote only in person in that firstelection and may not vote by absentee ballot except in person under G.S. 163‑227.2.The county board of elections shall establish a procedure at the voting sitefor:

a.         Obtaining the correct address of any person described inthis subdivision who appears to vote in person; and

b.         Assuring that the person votes in the proper place and inthe proper contests.

            If a notice mailed under subsection (c) or subsection (e)of this section is returned as undeliverable after a person has already votedby absentee ballot, then that person's ballot may be challenged in accordancewith G.S. 163‑89.

(3)        If a notice sent pursuant to subsection (c) or (e) of thissection is returned by the Postal Service as undeliverable after a person hasalready voted in an election, then the county board shall treat the person as aregistered voter but shall send a confirmation mailing pursuant to G.S. 163‑82.14(d)(2)and remove or retain the person on the registration records in accordance withthat subdivision. (1991 (Reg. Sess.,1992), c. 1044, s. 18(a); 1993, c. 74, s. 1; 1993 (Reg. Sess., 1994), c. 762,s. 2; 1999‑455, s. 16.)