Thursday, January 20, 2005

Jan 21 § 163-165. Definitions as rewritten, ballot, voting system, instant runoff etc

Note: what I don't like is that this leave the door open to paperless voting, in that it
allows the digital vote on DREs to be considered the "ballot". If paper printers were added to DREs, then would the paper ballot be the official record or not?

Note: does specify that if machine produces electronic vote and paper ballot, the paper ballot is the official record of the vote. I like that.

Note: also good - recognizes the term "voting system" rather than using the word voting machine over and over. Not everyone has to vote on a machine, and it should not be the only choice for counties.

SECTION 4. G.S. 163-165 reads as rewritten:
§ 163-165.

In addition to the definitions stated below, the definitions set forth in Article 15A of Chapter 163 of the General Statutes also apply to this Article. As used in this Article:

(1) "Ballot" means an instrument on which a voter indicates a choice so that it may be recorded as a vote for or against a certain candidate or referendum proposal. The term "ballot" may include a paper ballot to be counted by hand, a paper ballot to be counted on an electronic scanner, the face of a lever voting machine, the image a vote recorded electronically on a direct record electronic unit, or a ballot used on any other voting system.

(2) "Ballot item" means a single item on a ballot in which the voters are to choose between or among the candidates or proposals listed.

(3) "Ballot style" means the version of a ballot within a jurisdiction that an individual voter is eligible to vote. For example, in a county that uses essentially the same official ballot, a group office such as county commissioner may be divided into districts so that different voters in the same county vote for commissioner in different districts. The different versions of the county's official ballot containing only those district ballot items one individual voter may vote are the county's different ballot styles.

(4) "Election" means the event in which voters cast votes in ballot items concerning proposals or candidates for office in this State or the United States. The term includes primaries, general elections, referenda, and special elections.

(4a) 'Instant runoff voting' means a method that allows voters to designate their first, second, and perhaps subsequent choices among the candidates and, if a count of the first choices does not yield a majority or substantial plurality for one candidate, a count of second and perhaps subsequent choices is conducted, eliminating the need for a second primary or runoff election.

(5) "Official ballot" means a ballot that has been certified by the State Board of Elections and produced by or with the approval of the county board of elections. The term does not include a sample ballot or a specimen ballot.

Where a voting system produces a paper ballot in addition to an electronic ballot, the paper ballot prevails in the case of a conflict.

(6) "Provisional official ballot" means an official ballot that is voted and then placed in an envelope that contains an affidavit signed by the voter certifying identity and eligibility to vote.

(7) "Referendum" means the event in which voters cast votes for or against ballot questions other than the election of candidates to office.

(8) "Voting booth" means the private space in which a voter is to mark an official ballot.

(9) "Voting enclosure" means the room within the voting place that is used for voting.

(10) "Voting place" means the building that contains the voting enclosure.

(11) "Voting system" means a system of casting and tabulating ballots. The term includes systems of paper ballots counted by hand as well as systems utilizing mechanical and electronic voting equipment. A 'direct record electronic voting system' is one in which the voter casts votes and the votes are recorded electronically. An 'optical scan voting system' is one in which the voter marks a paper ballot and that ballot is read and counted by a tabulator.'


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