Absentee voting reform kicks in

March 13, 2012

After various national studies showed abysmal success rates for military and overseas absentee voters in 2006 and 2008, several pieces of legislation have worked reforms in North Carolina’s process since 2008. Those reforms kicked in partially in 2010 and are being fully implemented for 2012. Absentee ballot mailout for the May 8 primary begins next Monday, March 19, 2012.

First, the 2009 legislative session passed Senate Bill 253 which (i) cut the number of witnesses required for absentee voters from 2 to 1, (ii) provided for ballots to be sent out 60 days before the general election, rather than 50 (it remains 50 for the primary) and (iii) provided that rather than having to be received by the day BEFORE the election, civilian absentee ballots must be postmarked by election day and received by the Friday after the election, and military and overseas ballots have to be received by the Friday after the election (no postmark required for military ballots because military mail tends to NOT use postmarks) — thus extending the back end of the process by 4 days in all elections, and the front end by 10 days in general elections. The 2009 legislation was in part prompted by Congressional consideration and enactment of the Military and Overseas Voter Empowerment Act which required states to make reforms in military voting for federal elections.

Second, the 2010 session passed House Bill 614 which ended the practice of automatically sending out ballots to all military voters who had voted in the prior election, return rates were abysmal befause two year old military addresses were in the most case useless. In 2008 just 169 of 1169 military absentee ballots requested prior to 12/31/2007 were voted (14.4%),  compared with a 67% return rate for military personnel who applied after the start of the absentee voting period and a 74% success rate for civilian absentee voting in general.  The 2010 legislation did “grandfather in” military who voted in 2010 so they will still get ballots in 2012, but that process ends after this year.

Third, the National Conference of Commissioners of Uniform State laws prumulgated late in 2010 the Uniform Military and Absentee Voters Act,  which North Carolina adopted unanimously in both houses by House Bill 514 sponsored by the two current members of the General Assembly then in the military, Representatives Ric Killian and Grier Martin. That bill streamlined the military and overseas absentee voting process, allowed for electronic transmission, and extended the return date for military and absentee voters to the day before the county canvass — this means in the 2012 primary military and overseas ballots will be counted if received by Monday May 14 (six days after the election) and in the general election they will be counted if received by Thursday, November 15, nine days after the election. The deadline for in country civilian ballots will continue to be three days after the election as set in the 2009 reform. The Uniform law has now been enacted in six states (CO, NC, ND, NV, OK and UT) and in the District of Columbia.

Now, for some stats:

In 2008, there were 37,214 mail-in absentee ballots requested for the primary, of which 26,034 were successfully voted (69.96%).  31,698 of the requests were from in-country civilians, with a 74.4% success rate, 4494 were from military voters with a 44.35% success rate, and 1022 were from overseas voters, with a 44.42% success rate. As mentioned above, only 14.4% of the military ballots requsted prior to 12/31/2007 were succesfully voted.

In 2008, on the first day of mailout (50 days before the primary) 7,735 ballots were mailed out. Next week we will be able to see how many ballots are going out first day, Monday March 19, 2012.

I will try to keep up with this during and after the primary and general election process.


Whence Henry III provide for how to count the increasing day (February 29)

February 29, 2012

King Henry III in 1236 referred to February 29 as the “increasing day”, and the statute at Westminster from 1236 is remarkably the same as the current North Carolina law, which now provides (GS 12-3) “In every leap year the increasing day and the day before, in all legal proceedings, shall be counted as one day.” The law cited in its history note is 21 HENRY III — “STATUTE DE ANNO ET DIE, BISSEXTILI” and stated  “the day increasing in the Leap-Year shall be … taken and reckoned of the same month wherein it groweth; and that day, and the day next going before shall be accounted for one day …” (though commentators disagree whether this was an act of Parliament or a writ of King Henry III, nonetheless it is carried in the Statutes at large for that Parliament)


Actions in November 27-29 NCGA session

November 29, 2011

Here a bill status compendium of actions taken in the November 27-29 convening of the North Carolina General Assembly, note HB796 will be delivered to the Governor on Wednesday 11/30.

Bill Short Title Date Action Text
H151 ASK PARTY/RELY   ON NC COMPANIES/WORKERS FOR DNC. 11/29/2011 Ordered Engrossed
H645 Motor Fuel   Excise Tax Adjustment and Studies 11/29/2011 Passed 3rd Reading
H796 Breweries/Comm.   Coll./Supp. Fund. Clarified 11/29/2011 Ratified
S9 No   Discriminatory Purpose in Death Penalty. 11/29/2011 Pres. To Gov. 11/29/2011
S224 Appointments 11/29/2011 Ch. SL 2011-418
S433 Local Human   Services Administration. 11/29/2011 Motion to remove from unfav cal   fails

more historical NC Session Laws online soon

October 21, 2011

The North Carolina General Assembly website contains searchable and downloadable  Session Laws (enactments of the General Assembly in chronological order) at http://ncleg.net/gascripts/EnactedLegislation/ELTOC.pl?sType=Law

From 1959 through 1982 only LOCAL laws are included (those applicable in less than 15 counties), because they had be manually typed in and proofread when we buolt our electronic database in 1987. Most public laws are eventually codified in our General Statutes and available in a subject matter database http://ncleg.net/gascripts/statutes/Statutes.asp and local laws were a higher priority online need for legislative drafters, researchers and municipal and county attorneys and staff. From 1983 forward we have ALL Session Laws, public and local in our Session Laws database.

In 2008 after we added the 1959 local acts we stopped the manual process of adding older laws as digitzation of old books seemed on the horizon. Now, we’ve gotten to the horizon as a library digitization projects conclude.

Between now and July of 2012 we’ll start processing the  digitized 1008 public laws from 1981  and 1982 to add to the 392 local acts from that biennium in the database. While we will not be adding any large group of local acts pre-1959 until we get all the public laws online back to then, we are exploring adding several old city charters from Raleigh, Winston-Salem, and Asheville for historical reference purposes.

see https://ncbilldrafting.wordpress.com/2009/09/02/whats-a-city-charter-and-why-is-it-so-old/  the 25 largest municipalities all have charters enacted since 1958 which means they are already in our database. Missing? Three big ones:

Raleigh: Chapter 1184, Session Laws of 1949, April 23, 1949.

Winston-Salem: Chapter 232, Private Laws of 1927, March 3, 1927.

Asheville: Chapter 16, Private Laws of 1923, January 26, 1923, and Chapter 121, Private Laws of 1931, March 30, 1931.  The 1931 charter revisal was not a complete consolidation, it enacted new material as well as repealing parts and reenacting parts of the 1923 charter simply by referring to section numbers of the 1923 act, so both documents must still be consulted.


2011 North Carolina bill deadlines

February 8, 2011

The House (HR1) and Senate (SR1) rules for the 2011 Regular Session of the North Carolina General Assembly have set out deadlines for requesting and filing bills in the House and Senate.

The first two deadlines:

  1. In the House, requests to staff to draft bills already recommended by study commissions are due by Tuesday, March 1, those bills must be filed in the House by Wednesday, March 9
  2. In the Senate, requests to staff to draft local bills (those affecting less than 15 counties) are due by Tuesday, March 1, those bills must be filed in the Senate by Wednesday, March 9

Summaries of 2010 North Carolina substantive legislation are online

October 20, 2010

From Walker Reagan, the North Carolina General Assembly’s Research Division Director:

“I am pleased to announce that the Summaries of Substantive Ratified Legislation – 2010 is available on the General Assembly’s web site. The direct link is provided below. It can also be accessed from the General Assembly’s homepage.

http://www.ncleg.net/documentsites/legislativepublications/Research%20Division/Summaries%20of%20Substantive%20Ratified%20Legislation/Summaries%20of%20Substantive%20Ratified%20Legislation%20for%202010.pdf

 

 


North Carolina laws from 1817 to 1871 now online

October 12, 2010

A year ago I posted about the big joint ECU/UNC/State/Legislative libraries project to digitize and publish 750,000+ pages of NC historical records.

We’ve got a batch of old laws online now — laws, public laws and private laws volumes from 1817 through 1871-72 are now up. In most cases you can get at them in multiple formats (Read Online, PDF, B/W PDF, EPUB, Kindle, Daisy, Full Text, and DjVu) at the link below. I’ll see if we can get these in some form to search across all the volumes.  For now, enjoy.

The laws of North-Carolina  (Volume 1817)

The laws of North-Carolina  (Volume 1818)

The laws of North-Carolina  (Volume 1819)

The laws of North-Carolina  (Volume 1820)

The laws of North-Carolina  (Volume 1821)

The laws of North-Carolina  (Volume 1822)

The laws of North-Carolina  (Volume 1823)

The laws of North-Carolina  (Volume 1824)

The laws of North-Carolina  (Volume 1825)

The laws of North-Carolina  (Volume 1826)

The laws of North-Carolina  (Volume 1827)

The laws of North-Carolina  (Volume 1828)

The laws of North-Carolina  (Volume 1829)

The laws of North-Carolina  (Volume 1830/31)

The laws of North-Carolina  (Volume 1831/32)

The laws of North-Carolina  (Volume 1832/33)

The laws of North-Carolina  (Volume 1833/34)

The laws of North-Carolina  (Volume 1834/35)

The laws of North-Carolina  (Volume 1835)

Laws of the State of North Carolina,  (Volume 1836/37)

Laws of the State of North Carolina,  (Volume 1838/1839)

Laws of the State of North Carolina,  (Volume 1840/41)

Laws of the State of North Carolina,  (Volume 1842/43)

Laws of the State of North Carolina,   (Volume 1844/45)

Laws of the State of North Carolina,   (Volume 1846/47)

Laws of the State of North Carolina,   (Volume 1848/49)

Laws of the State of North Carolina,   (Volume 1850/51)

Laws of the State of North Carolina,   (Volume 1852)

Private laws of the State of North-Carolina,  (Volume 1854/55)

Public laws of the State of North-Carolina,  (Volume 1854/55)

Private laws of the State of North-Carolina,  (Volume 1856/57)

Public laws of the State of North-Carolina,  (Volume 1856/57)

Private laws of the State of North-Carolina,  (Volume 1858/59)

Public laws of the State of North-Carolina,  (Volume 1858/59)

Private laws of the State of North-Carolina,  (Volume 1860/61)

Public laws of the State of North-Carolina,  (Volume 1860/61)

Public laws of the State of North-Carolina,  (Volume 1861)

Private laws of the State of North-Carolina,  (Volume 1862/63)

Public laws of the State of North-Carolina,  (Volume 1862/63)

Public laws of the State of North-Carolina,  (Volume 1863)

Private laws of the State of North-Carolina,  (Volume 1864/65)

Public laws of the State of North-Carolina,  (Volume 1864/65)

Private laws of the State of North-Carolina,  (Volume 1865/66)

Public laws of the State of North-Carolina,  (Volume 1865/66)

Private laws of the State of North-Carolina,  (Volume 1866/67)

Public laws of the State of North-Carolina,  (Volume 1866/67)

Public laws of the State of North-Carolina,  (Volume 1868)

Private laws of the State of North-Carolina,  (Volume 1868/69)

Public laws of the State of North-Carolina,  (Volume 1868/69)

Private laws of the State of North-Carolina,  (Volume 1869/70)

Public laws of the State of North-Carolina,  (Volume 1869/70)

Private laws of the State of North-Carolina,  (Volume 1870/71)

Public laws of the State of North-Carolina,  (Volume 1870/71)

Public laws of the State of North-Carolina,   (Volume 1871/72)

Private laws of the State of North-Carolina,  (Volume 1871/72)


Final 2010 NC bill becomes law without signature

August 11, 2010
The final bill of the 2009 Regular Session of the North Carolina General Assembly became law on Tuesday, August 10, 2010 when Governor Perdue declined to act on it within the 30 days allowed by the North Carolina Constitution. Here is the new law:
H1292 Univ. Energy Savings/LEA Operational Leases     Ch. SL 2010-196
 
Under Article II, Section 22 of the Constitution, the Governor had 30 days after adjournment to act on all pending bills, with July 11 being day one.   The 30-day period concluded at midnight, Monday, August 9, 2010.  
House Bill 1292 was the 16th bill to become law without the Governor’s approval since gubernatorial veto was approved by the voters in 1996, and the first since 2006.
           

2010 laws enacted are listed here in order of becoming law, and here in order of bill number


Day 26 of 30: one 2010 NC bill left on the Governor’s desk

August 6, 2010
Governor Perdue signed an additional bill on Thursday, August 5, 2010 (day 26 of 30 to act). Here is the new law:
 
S886  Cleanfields Act of 2010.     Ch. SL 2010-195
       

Under Article II, Section 22 of the Constitution, the Governor has 30 days after adjournment to act on all pending bills, with July 11 being day one.   The 30-day period concludes at midnight, Monday, August 9, 2010.  The Governor has now acted on 108 of the 109 bills that were pending on her desk at adjournment of the 2009 Regular Session on July 10, 2010.

The bill  remaining on the Governor’s desk is:

H1292   Univ. Energy Savings/LEA Operational Leases     Pres. To Gov. 7/9/2010

There are three options for the Governor on HB1292:

1) Sign the bill by midnight, Monday, August 9, 2010.

2) Take no action on the bill by midnight, Monday, August 9, 2010. In this case, the bill becomes law at 12:01 am on Tuesday, August 10, 2010.

3) Veto the bill. In such case, the Governor must reconvene the session no later than the 40th day after adjournment (Thursday, August 19, 2010) to consider overriding the veto, unless a majority of the members of each house sign a petition stating that there is no need to reconvene to act on the veto.  Article II, Section 22(7) of the North Carolina Constitution states in pertinent part that if the Governor vetoes a bill after adjournment: “When the General Assembly has adjourned sine die … Governor shall reconvene that session … for reconsideration of the bill, and if the Governor does not reconvene the session, the bill shall become law on the fortieth day after such adjournment. Notwithstanding the previous sentence, if the Governor prior to reconvening the session receives written requests dated no earlier than 30 days after such adjournment, signed by a majority of the members of each house that a reconvened session to reconsider vetoed legislation is unnecessary, the Governor shall not reconvene the session for that purpose and any legislation vetoed in accordance with this section after adjournment shall not become law.” Article III, Section 5(11) of the North Carolina Constitution states in pertinent part: (11)      Reconvened sessions … At such reconvened session, the General Assembly may only consider such bills as were returned by the Governor to that reconvened session for reconsideration.  Such reconvened session shall begin on a date set by the Governor, but no later than 40 days after the General Assembly adjourned… sine die”

2010 laws enacted are listed here in order of becoming law, and here in order of bill number.  These links are normally updated within a business day of action being taken.


day 26: one bill signed, two left

August 5, 2010

Governor Perdue signed one bill Thursday, August 5, 2010 (Day 26 of 30 to act),  Here is the new law:

S1213   Amend State Purchases & Contracts Laws.     Ch. SL 2010-194

Under Article II, Section 22 of the Constitution, the Governor has 30 days after adjournmentof the North Carolina General Assembly to act on all pending bills, with July 11 being day one.   The 30-day period concludes at midnight, Monday, August 9, 2010.  Any bills not acted on by the deadline become law on Tuesday, August 10, 2010. Bills sent to the Governor prior to adjournment where the 10-day limit had not run out at adjournment have a new 30-day clock.

2010 laws enacted are listed here in order of becoming law, and here in order of bill number.  These links are normally updated within a business day of action being taken.

As of Thursday, August 5, day 26 of 30 for the Governor to act on bills, she had signed 107 of the 109 (98%) that were on her desk at the end of the session.

 Bills remaining on the Governor’s desk:

H1292   Univ. Energy Savings/LEA Operational Leases     Pres. To Gov. 7/9/2010
S886   Cleanfields Act of 2010.     Pres. To Gov. 7/9/2010