08 ncac 10B .0108          CURBSIDE VOTING

Pursuant to G.S. 163A-1140, curbside voting shall take place under the following procedures:

(1)           The county board of elections shall have printed and numbered a supply of affidavits to be distributed to each precinct chief judge that shall be in the following form:

Affidavit of Person Voting Outside Voting Place or Enclosure

State of North Carolina

County of___________

I do solemnly swear (or affirm) that I am a registered voter in____________________________ precinct. That because of age or physical disability I am unable to enter the voting place to vote in person without physical assistance. That I desire to vote outside the voting place and enclosure. I understand that a false statement as to my condition will be in violation of North Carolina law.

____________________________                 ____________________________

Date                                                                       Signature of Voter

____________________________

Address

____________________________

Signature of precinct election official who administered oath;

(2)           The chief judge or a judge may designate one of the assistants to attend the voter, or assist the voter himself or herself. Upon arrival outside the voting place, the voter shall execute the affidavit after being sworn by a precinct election official. The ballot shall then be delivered to the voter who shall mark the ballot and hand it to the assisting precinct election official. The ballot shall then be delivered to one of the judges of elections who shall deposit the ballot in the proper boxes. The affidavit shall be delivered to a different judge of election.

(3)           The voter and any assisting person shall be entitled to the same assistance and subject to the same restrictions in marking the ballot as set forth in G.S. 163A-1139 and 08 NCAC 10B .0107.

(4)           The affidavit executed by the voter shall be retained by the county board of elections for a period of six months.

(5)           In those precincts using voting machines, the county board of elections shall furnish paper ballots of each kind for use by persons in accordance with this Rule and G.S. 163A-1140.

(6)           In any precinct using direct record electronic voting equipment, the county board of elections may provide for all such paper ballots to be transported upon closing of the polls to the office of the county board of elections for counting. Those ballots may be transported only by the chief judge, judge, or assistant and shall be tracked using a ballot control form. Upon receipt by the county board of elections, these ballots shall be counted and canvassed in the same manner as one-stop ballots cast under G.S. 163A-1300 except that the count shall commence when the board has received from each precinct either that precinct's ballots or notification that no such ballots were cast. Ballots counted by the county board of elections under this Paragraph shall be tabulated so that election-day curbside ballots and one-stop curbside ballots are tabulated separately from each other and from other precincts and/or reporting groups.

History Note:        Authority G.S. 163A-741; 163A-1140;

Temporary Adoption Eff. April 15, 2002;

Eff. August 1, 2004;

Readopted Eff. October 1, 2018.