A BILL TO BE ENTITLED
AN ACT to provide for automatic voter registration at drivers license offices, public agencies, community colleges, and colleges and universities of the university of north carolina; TO requirE the state board of elections to implement an outreach campaign informing citizens about automatic voter registration; and to allow individuals who meet the criteria to register to vote or change voter registration online.
The General Assembly of North Carolina enacts:

PART I. AUTOMATIC VOTER REGISTRATION
SECTION 1.1.  G.S. 163A‑862 reads as rewritten:
"§ 163A‑862.  Voter registration application forms; automatic voter registration at certain agencies.
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(c)	Agency Application. – The county board of elections where an applicant resides shall accept as application for any of the purposes set out in subsection (a) of this section automatic voter registration developed pursuant to G.S. 163A‑883 or G.S. 163A‑884."
SECTION 1.2.  G.S. 163A‑865 reads as rewritten:
"§ 163A‑865.  Acceptance of application forms.
(a)	How the Form May Be Submitted. – The county board of elections shall accept any form described in G.S. 163A‑862 if the applicant submits the form by mail, facsimile transmission, transmission of a scanned document, or in person or by automatic voter registration pursuant to G.S. 163A‑883, 163A‑884, 115D‑5, or 116‑11. The applicant may delegate the submission of the form to another person. Any person who communicates to an applicant acceptance of that delegation shall deliver that form so that it is received by the appropriate county board of elections in time to satisfy the registration deadline in subdivision (1) or (2) of subsection (d) of this section for the next election. It shall be a Class 2 misdemeanor for any person to communicate to the applicant acceptance of that delegation and then fail to make a good faith effort to deliver the form so that it is received by the county board of elections in time to satisfy the registration deadline in subdivision (1) or (2) of subsection (d) of this section for the next election. It shall be an affirmative defense to a charge of failing to make a good faith effort to deliver a delegated form by the registration deadline that the delegatee informed the applicant that the form would not likely be delivered in time for the applicant to vote in the next election. It shall be a Class 2 misdemeanor for any person to sell or attempt to sell a completed voter registration form or to condition its delivery upon payment.
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(d)	Registration Deadlines for a Primary or Election. – In order to be valid for a primary or election, the form must comply with one of the following:
(1)	If submitted by mail, must be postmarked at least 25 days before the primary or election, except that any mailed application on which the postmark is missing or unclear is validly submitted if received in the mail not later than 20 days before the primary or election.
(2)	If submitted in person, by facsimile transmission, by transmission of a scanned document, or by automatic voter registration, must be received by the county board of elections by a time established by that board, but no earlier than 5:00 P.M., on the twenty‑fifth day before the primary or election.
(3)	If submitted through a delegatee who violates the duty set forth in subsection (a) of this section, must be signed by the applicant and given to the delegatee not later than 25 days before the primary or election, except as provided in subsection (f) of this section.
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SECTION 1.3.  G.S. 163A‑883 reads as rewritten:
"§ 163A‑883.  Automatic voter registration at drivers license offices; coordination on data interface.
(a)	Automatic Voter Registration at Drivers License Offices. – Beginning January 1, 2020, the Division of Motor Vehicles shall, in consultation with the State Board, implement a method by which any eligible person who applies for original issuance, renewal or correction of a drivers license, or special identification card issued under G.S. 20‑37.7 shall be automatically registered to vote, or able to update the voter's registration if the voter has changed his or her address or moved from one precinct to another or from one county to another. The person taking the application shall inform the applicant of the following:
(1)	That the applicant shall be registered to vote or have the applicant's voter registration record updated, as applicable, unless the applicant declines.
(2)	The qualifications to vote under G.S. 163A‑841.
(3)	That the applicant should not register if the applicant does not meet the qualifications described under subdivision (2) of this subsection.
(4)	That any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony.
(5)	That if the applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and be used for voter registration purposes only.
(6)	Information regarding the address confidentiality program under Chapter 15C of the General Statutes, including how to register for the program and how voter registration may impact participation in the program.
(a1)	Requirements. – If the applicant does not decline voter registration, the person taking the application shall require the applicant to provide all information requested of the applicant under G.S. 163A‑863, including declaring a preference to be affiliated with a political party or a preference to be an unaffiliated voter. If the applicant fails to declare a political party affiliation, the applicant's political affiliation shall be designated as unaffiliated. The applicant shall provide an electronic signature as required under G.S. 163A‑865(b), subject to the penalty of perjury, by which the applicant attests that the information provided by the applicant is true and the applicant meets all qualifications to become a registered voter.
(a2)	When Registration Effective. – Registration shall become effective as provided in G.S. 163A‑867. Applications to register to vote accepted at a drivers license office under this section until the deadline established in G.S. 163A‑865(d)(2) shall be treated as timely made for an election, and no person who completes an application at that drivers license office shall be denied the vote in that election for failure to apply earlier than that deadline.
(a3)	Transmittal from Department of Transportation to Board of Elections. – The Department of Transportation shall electronically transmit the applications of applicants who have not declined voter registration to the appropriate board of elections not later than five business days after the date of acceptance, according to rules which shall be promulgated by the State Board. Those rules shall provide for a paperless, instant, electronic transfer of applications to the appropriate board of elections.
(a4)	Confidentiality of Declination to Register. – No information relating to a declination to register to vote in connection with a voter registration application at a Division of Motor Vehicles office may be used for any purpose other than voter registration. The State Board shall ensure that information acquired for purposes of automatic voter registration under this section is kept confidential in accordance with G.S. 163A‑863(b), including compliance with any voter registration requirements under G.S. 163A‑871(d).
(b)	Ineligible Applications Prohibited. – If a person who is ineligible to vote becomes registered to vote pursuant to this section, the presumption shall be that the person's registration is deemed officially authorized and shall not be attributed to any fault of the person. However, any person who willfully and knowingly and with fraudulent intent gives false information on the application described under this section is guilty of a Class I felony.
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(d)	No Requirement to Determine Eligibility. – Nothing in this section shall be construed as requiring the Department of Transportation to determine eligibility for voter registration and voting."
SECTION 1.4.  G.S. 163A‑884 reads as rewritten:
"§ 163A‑884.  Voter registration at other public agencies; automatic voter registration.
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(b)	Duties of Voter Registration Agencies; Automatic Voter Registration Information. – Beginning January 1, 2021, a voter registration agency described in subsection (a) of this section shall, in consultation with the State Board, provide, with each application for service or assistance, and with each recertification, renewal, or change of address relating to such service or assistance, an application process for automatic voter registration. The person taking the application shall inform the applicant of the following:
(1)	

That the applicant shall be registered to vote or have the applicant's voter registration record updated, as applicable, unless the applicant declines.
(2)	The qualifications to vote under G.S. 163A‑841.
(3)	That the applicant should not register if the applicant does not meet the qualifications described under subdivision (2) of this subsection.
(4)	That any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony.
(5)	That if the applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and be used for voter registration purposes only.
(6)	Information regarding the address confidentiality program under Chapter 15C of the General Statutes, including how to register for the program and how voter registration may impact participation in the program.
(b1)	Requirements. – If the applicant does not decline voter registration, the person taking the application shall require the applicant to provide all information requested of the applicant under G.S. 163A‑863, including declaring a preference to be affiliated with a political party or a preference to be an unaffiliated voter. If the applicant fails to declare a political party affiliation, the applicant's political affiliation shall be designated as unaffiliated. The applicant shall provide an electronic signature as required under G.S. 163A‑865(b), subject to the penalty of perjury, by which the applicant attests that the information provided by the applicant is true and the applicant meets all qualifications to become a registered voter.
(c)	Employment Security Law Applicants. – Provided that voter registration agencies designated under subdivision (a)(3) of this section shall only be required to provide the services set out in this subsection to applicants for new claims, reopened claims, and changes of address under Chapter 96 of the General Statutes, the Employment Security Law.
(d)	Home Registration for Disabled. – If a voter registration agency provides services to a person with disability at the person's home, the voter registration agency shall provide the services described in subsection (b) of this section at the person's home. However, the agency is not required to provide automatic voter registration at the person's home.
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(f)	Confidentiality of Declination to Register. – No information relating to a declination to register to vote in connection with an application made at a voter registration agency may be used for any purpose other than voter registration. The State Board shall ensure that information acquired for purposes of automatic voter registration under this section is kept confidential in accordance with G.S. 163A‑863(b), including compliance with any voter registration requirements under G.S. 163A‑871(d).
(g)	Transmittal From Agency to Board of Elections. – The agency shall electronically transmit the applications of applicants who did not decline voter registration to the appropriate board of elections not later than five business days after acceptance, according to rules which shall be promulgated by the State Board.
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(i)	Ineligible Applications Prohibited. – No person shall make application to register to vote under this section if that person is ineligible on account of age, citizenship, lack of residence for the period of time provided by law, or because of conviction of a felony. However, if a person who is ineligible to vote becomes registered to vote pursuant to this section, the presumption shall be that the person's registration is deemed officially authorized and shall not be attributed to any fault of the person.
(j)	No Requirement to Determine Eligibility. – Nothing in this section shall be construed as requiring agencies to determine eligibility for voter registration and voting."
SECTION 1.5.(a)  G.S. 163A‑885 reads as rewritten:
"§ 163A‑885.  Voter registration upon restoration of citizenship.
The State Board, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and the Administrative Office of the Courts shall jointly develop and implement educational programs and procedures for persons to apply to register to vote at the time they are restored to citizenship and all filings required have been completed under Chapter 13 of the General Statutes. Those procedures shall be designed to do both of the following:
(1)	Inform the person that the restoration of rights removes the person's disqualification from voting, but that in order to vote the person must register to vote.
(2)	Provide an opportunity to that person to register to vote, including informing the person of automatic voter registration in accordance with G.S. 163A‑883 or G.S. 163A‑884.
At a minimum, the program shall include a written notice to the person whose citizenship has been restored, informing that person that the person may now register to vote, with a voter registration form enclosed with the notice."
SECTION 1.5.(b)  G.S. 163A‑885, as amended by subsection (a) of this section, reads as rewritten:
"§ 163A‑885.  Voter registration upon restoration of citizenship.
The State Board, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and the Administrative Office of the Courts shall jointly develop and implement educational programs and procedures for persons to apply to register to vote at the time they are restored to citizenship and all filings required have been completed under Chapter 13 of the General Statutes. Those procedures shall be designed to do both of the following:
(1)	Inform the person that the restoration of rights removes the person's disqualification from voting, but that in order to vote the person must register to vote.
(2)	Provide an opportunity to that person to register to vote, including informing the person of automatic voter registration in accordance with G.S. 163A‑883, 163A‑884, 115D‑5, or 116‑11.
At a minimum, the program shall include a written notice to the person whose citizenship has been restored, informing that person that the person may now register to vote, with a voter registration form enclosed with the notice."
SECTION 1.6.  G.S. 115D‑5 reads as rewritten:
"§ 115D‑5.  Administration of institutions by State Board of Community Colleges; personnel exempt from North Carolina Human Resources Act; extension courses; tuition waiver; in‑plant training; contracting, etc., for establishment and operation of extension units of the community college system; use of existing public school facilities; automatic voter registration.
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(z)	Automatic Voter Registration. – Beginning January 1, 2021, the State Board of Community Colleges, in consultation with the State Board of Elections, shall provide each person who is enrolled and registering for courses as a student in a State community college the option for automatic voter registration as follows:
(1)	Information provided to student. – In providing an automatic voter registration application process, the person taking the application shall inform the student of the following:
a.	That the student shall be registered to vote or have the student's voter registration record updated, as applicable, unless the student declines.
b.	The qualifications to vote under G.S. 163A‑841.
c.	That the student should not register if the student does not meet the qualifications described under sub‑subdivision b. of this subdivision.
d.	That any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony.
e.	That if the student declines to register to vote, the fact that the student has declined to register will remain confidential and be used for voter registration purposes only.
f.	Information regarding the address confidentiality program under Chapter 15C of the General Statutes, including how to register for the program and how voter registration may impact participation in the program.
(2)	Requirements. – If the student does not decline voter registration, the person taking the application shall require the student to provide all information requested of the student under G.S. 163A‑863, including declaring a preference to be affiliated with a political party or a preference to be an unaffiliated voter. If the student fails to declare a political party affiliation, the student's political affiliation shall be designated as unaffiliated. The student shall provide an electronic signature as required under G.S. 163A‑865(b), subject to the penalty of perjury, by which the student attests that the information provided by the student is true and the student meets all qualifications to become a registered voter.
(3)	Confidentiality of declination to register. – No information relating to a declination to register to vote in connection with an application made at a State community college may be used for any purpose other than voter registration. The State Board shall ensure that information acquired for purposes of automatic voter registration under this section is kept confidential in accordance with G.S. 163A‑863(b), including compliance with any voter registration requirements under G.S. 163A‑871(d).
(4)	Transmittal from State community college to board of elections. – The State community college shall electronically transmit the applications of students who did not decline voter registration to the appropriate board of elections not later than five business days after acceptance, according to rules which shall be promulgated by the State Board.
(5)	Twenty‑five–day deadline for an election. – Applications to register accepted by a State community college shall entitle a registrant to vote in any primary, general, or special election unless the registrant shall have made application later than the twenty‑fifth calendar day immediately preceding the primary, general, or special election, provided that nothing shall prohibit State community colleges from continuing to accept applications during that period.
(6)	Ineligible applications prohibited. – No person shall make application to register to vote under this subsection if that person is ineligible because of age, citizenship, lack of residence for the period of time provided by law, or conviction of a felony. However, if a person who is ineligible to vote becomes registered to vote pursuant to this subsection, the presumption shall be that the person's registration is deemed officially authorized and shall not be attributed to any fault of the person.
(7)	No requirement to determine eligibility. – Nothing in this subsection shall be construed as requiring State community colleges to determine eligibility for voter registration and voting."
SECTION 1.7.  G.S. 116‑11 is amended by adding a new subdivision to read:
"§ 116‑11.  Powers and duties generally.
The powers and duties of the Board of Governors shall include the following:
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(15)	Automatic voter registration. – Beginning January 1, 2021, the Board of Governors, in consultation with the State Board of Elections, shall provide each person who is enrolled and registering for courses as a student in a State college or university in The University of North Carolina System the option for automatic voter registration as follows:
a.	Information provided to student. – In providing an automatic voter registration application process, the person taking the application shall inform the student of the following:
1.	That the student shall be registered to vote or have the student's voter registration record updated, as applicable, unless the student declines.
2.	The qualifications to vote under G.S. 163A‑841.
3.	That the student should not register if the student does not meet the qualifications described under sub‑sub‑subdivision a.2. of this sub‑subdivision.
4.	That any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony.
5.	That if the student declines to register to vote, the fact that the student has declined to register will remain confidential and be used for voter registration purposes only.
6.	Information regarding the address confidentiality program under Chapter 15C of the General Statutes, including how to register for the program and how voter registration may impact participation in the program.
b.	Requirements. – If the student does not decline voter registration, the person taking the application shall require the student to provide all information requested of the student under G.S. 163A‑863, including declaring a preference to be affiliated with a political party or a preference to be an unaffiliated voter. If the student fails to declare a political party affiliation, the student's political affiliation shall be designated as unaffiliated. The student shall provide an electronic signature as required under G.S. 163A‑865(b), subject to the penalty of perjury, by which the student attests that the information provided by the student is true and the student meets all qualifications to become a registered voter.
c.	Confidentiality of declination to register. – No information relating to a declination to register to vote in connection with an application made at a State college or university in The University of North Carolina System may be used for any purpose other than voter registration. The State Board shall ensure that information acquired for purposes of automatic voter registration under this section is kept confidential in accordance with G.S. 163A‑863(b), including compliance with any voter registration requirements under G.S. 163A‑871(d).
d.	Transmittal from State college or university to board of elections. – The State college or university in The University of North Carolina System shall electronically transmit the applications of students who did not decline voter registration to the appropriate board of elections not later than five business days after acceptance, according to rules which shall be promulgated by the State Board.
e.	Twenty‑five–day deadline for an election. – Applications to register accepted by a State college or university in The University of North Carolina System shall entitle a registrant to vote in any primary, general, or special election unless the registrant shall have made application later than the twenty‑fifth calendar day immediately preceding the primary, general, or special election, provided that nothing shall prohibit State colleges or universities in The University of North Carolina System from continuing to accept applications during that period.
f.	Ineligible applications prohibited. – No person shall make application to register to vote under this subdivision if that person is ineligible because of age, citizenship, lack of residence for the period of time provided by law, or conviction of a felony. However, if a person who is ineligible to vote becomes registered to vote pursuant to this subdivision, the presumption shall be that the person's registration is deemed officially authorized and shall not be attributed to any fault of the person.
g.	No requirement to determine eligibility. – Nothing in this subdivision shall be construed as requiring State colleges or universities in The University of North Carolina System to determine eligibility for voter registration and voting."
SECTION 1.8.  The State Board of Elections shall establish and implement an education and outreach campaign to inform voters of the automatic voter registration procedures established pursuant to this act.
SECTION 1.9.  Sections 1.1 through 1.3 and Section 1.5(a) of this Part become effective January 1, 2020. Sections 1.4, 1.5(b), 1.6, and 1.7 of this Part become effective January 1, 2021. The remainder of this Part is effective when it becomes law.

PART II. ONLINE VOTER REGISTRATION
SECTION 2.1.  G.S. 163A‑864 reads as rewritten:
"§ 163A‑864.  Distribution of application forms.
(a)	The State Board shall make the forms described in G.S. 163A‑862 available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration drives.
(b)	The State Board of Elections shall make the forms available for completion and submission on a secure Internet Web site in accordance with this Article."
SECTION 2.2.  Part 2 of Article 17 of Chapter 163A of the General Statutes is amended by adding a new section to read:
"§ 163A‑864.1.  Online voter registration.
(a)	An individual who meets all of the following criteria may register to vote or change voter registration online:
(1)	The individual is eligible to register to vote.
(2)	The individual possesses one of the following that is current and valid:
a.	North Carolina drivers license issued under Article 2 of Chapter 20 of the General Statutes, including a learner's permit or a provisional license.
b.	Special identification card for nonoperators issued under G.S. 20‑37.7.
(b)	The State Board of Elections shall establish a secure Internet Web site to permit individuals described in subsection (a) of this section to complete and submit voter registration applications online.
(c)	The secure Web site established under subsection (b) of this section shall allow an individual described in subsection (a) of this section to submit:
(1)	An application for any of the following:
a.	Voter registration.
b.	Reporting of a change of name, address, or party affiliation. If the individual is already registered to vote and the change of address is to another county, it shall be treated as an application to register to vote.
(2)	Information to establish that the individual is eligible under this section to register online.
(3)	The individual's e‑mail address.
(d)	Upon receipt of an individual's application under subsection (c) of this section, the county board of elections in conjunction with the State Board of Elections shall verify the North Carolina drivers license or Social Security number in accordance with G.S. 163A‑875, update the statewide registration database and search for possible duplicate registrations, and proceed under G.S. 163A‑867 to verify the person's address.
(e)	If the State Board verifies the North Carolina drivers license or Social Security number in accordance with G.S. 163A‑875, the Division of Motor Vehicles shall transfer the digital signature of the applicant in the Division of Motor Vehicles' records to the State Board.
(f)	If the State Board cannot verify the North Carolina drivers license or Social Security number in accordance with G.S. 163A‑875, the State Board shall so notify the individual submitting the application by e‑mail, if provided, and in accordance with this Article. That individual shall be offered an opportunity to register in accordance with G.S. 163A‑865 or G.S. 163A‑866, as applicable."
SECTION 2.3.  G.S. 163A‑871(a) reads as rewritten:
"(a)	Official Record. – The State voter registration system is the official voter registration list for the conduct of all elections in the State. The State Board and the county board of elections may keep copies of voter registration data, including voter registration applications, in any medium and format expressly approved by the Department of Natural and Cultural Resources pursuant to standards and conditions established by the Department and mutually agreed to by the Department and the State Board. A completed and signed registration application form, if available, described in G.S. 163A‑862, once approved by the county board of elections, becomes backup to the official registration record of the voter. Full or partial social security numbers, dates of birth, the identity of the public agency at which the voter registered under G.S. 163A‑884, any electronic mail address submitted under this Article or Part 2 of Article 21 of this Chapter, any electronic data associated with online voter registration under G.S. 163A‑864.1, and drivers license numbers that may be generated in the voter registration process, by either the State Board or a county board of elections in the voter registration process, are confidential and shall not be considered public records and subject to disclosure to the general public under Chapter 132 of the General Statutes. Cumulative data based on those items of information may be publicly disclosed as long as information about any individual cannot be discerned from the disclosed data. Disclosure of information in violation of this subsection shall not give rise to a civil cause of action. This limitation of liability does not apply to the disclosure of information in violation of this subsection as a result of gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable. The signature of the voter, either on the paper application or an electronically captured image of it, may be viewed by the public but may not be copied or traced except by election officials for election administration purposes. Any such copy or tracing is not a public record."
SECTION 2.4.  This Part becomes effective December 1, 2019.

PART III. EFFECTIVE DATE
SECTION 3.1.  Except as otherwise provided, this act is effective when it becomes law.