North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 10 - BALLOT ROTATION RULES FOR PRIMARY ELECTION BALLOTS › Subchapter B - VOTING, VOTING PLACES AND PRECINCT OFFICIALS' DUTIES AND TASKS › Section 10B .0107 - ASSISTANCE TO VOTERS IN PRIMARIES AND GENERAL ELECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any assistance rendered to a voter under
				G.S.
				163-166.8 shall be performed in person, and
				shall not be allowed by electronic, paper, or mechanical means of communication
				with a person outside the voting booth, except as provided in
				G.S.
				163-166.8(a)(2). The use of
				electronic, paper, or mechanical devices by the voter, while alone in the
				voting booth and not in contact with another person outside the voting booth,
				shall not be considered voting assistance.
(b) No precinct official may refuse the
				voter's choice of the person to assist the voter, unless the person so named is
				excluded by
				G.S.
				163-166.8, does not appear at the voting
				place to assist the voter prior to the close of the polls, or refuses to assist
				the voter. If the voter's choice of the assisting person is not available for
				one of the reasons set forth in this Paragraph, the voter shall be allowed to
				make an additional choice until a willing assisting person is available to
				assist the voter. There shall be no limitation on the number of voters a person
				can assist, as long as the assisting person is chosen by each voter to
				assist.
(c) A person seeking
				assistance in any election shall, upon arriving at the voting place, first
				request the chief judge to permit him to have assistance, communicating the
				reasons. If the chief judge determines that the voter is entitled to
				assistance, the chief judge shall ask the voter to identify the person the
				voter desires to provide assistance. If the person the voter requests to
				provide assistance is not present, the voter is entitled to contact the person
				and to wait for the person at the voting place, but outside the voting
				enclosure. When that person is available to assist or is already present to
				assist, the voter, along with that person, shall present themselves to the
				chief judge. The chief judge shall thereupon request the person indicated to
				render the requested aid. In the case of assistance requested at a one-stop
				voting site, the assistance may be requested and received from any election
				official available at such site.
(d) Any chief judge, judge, or assistant
				shall provide assistance to a voter if so requested, unless the election
				official is prohibited from doing so by his status as the voter's employer,
				official of the voter's union, or agent of the voter's employer or union. Under
				no circumstances shall any precinct official or person be assigned to assist a
				voter who was not specified by the voter.
(e) Conduct of Persons Rendering Assistance.
				- Anyone rendering assistance to a voter shall be admitted to the voting booth
				with the person being assisted and shall be governed by
				G.S.
				163-166.8(c). The assisting
				person shall not do the following:
(1) give,
				present, or display within the vision of the voter, any list of preferred
				candidates, a marked sample ballot, or any other type of document, item, or
				display that conveys a choice of candidate(s) unless it was brought to the
				voting booth by the voter. An assisting person may respond to an inquiry of a
				hearing impaired voter in writing if needed, as long as a ballot choice is not
				communicated to the voter;
(2)
				speak or play within the hearing or vision of the voter, any conversation,
				communication, or recording that conveys a choice of candidate(s);
(3) operate a phone, radio, computer, or any
				other means of communication while in the voting booth with the
				voter;
(4) seek to persuade or
				induce any voter to cast any vote in any particular way;
(5) communicate to others how the voter
				voted, unless ordered by a court, or make a memorandum of anything that
				occurred in the voting booth; or
(6) violate any election law set out in G.S.
				163 or violate any election rule set out in Title 8 of the NC Administrative
				Code.