Aug. 25, 2023 – The Republican-controlled North Carolina legislature finalized a far-reaching omnibus elections bill late last week that would end a grace period for counting mailed absentee ballots that had been in place since 2009, toughen same-day registration rules, and empower partisan observers at polling places.

This bill has significant support from the NC Election Integrity Team. NCEIT is a chapter of the Election Integrity Network, created by N.C.-based attorney Cleta Mitchell. Mitchell participated in the Jan. 2021 phone call Donald Trump made to Georgia Secretary of State Brad Raffensperger, urging him to search for nearly 12,000 votes that could help turn Trump's 2020 defeat into a victory. 

The Elections Bill was passed on Aug. 17, sent to Gov. Roy Cooper on Aug. 18, and vetoed on Aug. 24. While we wait for the veto-override vote, it’s important to let voters know the important differences between the parties’ visions of the role of voters and of elections in our democracy beginning in January 2024. 

Representative Greg Mills (R) claims “the aim of the bill is to improve our elections. All of it aims to make our processes on Election Day, during early voting, mail-in ballots ... more efficient and to make it more user-friendly.” 

Instead, we know that eliminating the three-day grace period for mail-in absentee ballots will invalidate thousands of ballots that were mailed before the election but failed to arrive at the correct county Board of Elections office. Voters who use same-day registration during early voting could similarly have their ballots rejected if a one-time (instead of two) mail verification card failed to get to the voter. Partisan poll observers would be allowed to be close enough to listen to conversations between voters and election officials, even at a voter’s vehicle when voting curbside. These partisan poll observers may also move around the voting enclosure, potentially creating confusion about who is an election official and who is not.

While these provisions have received the most attention, there are other changes in the bill:

• There is no funding for voter education or emergency contingencies (generators, PPE, etc.) that had been supplied by non-profit sources but are now not allowed to provide any additional assistance.

• Names of people removed from jury lists because they were not citizens at the time they were called for jury duty will be publicly available, making those people subject to harassment.

• A requirement for a voter assistant log could target community leaders or volunteers who work with people with disabilities when they vote. All could become subject to damaging public accusations of voter “fraud.”

• A signature verification pilot program will apply to 10 counties, and the estimated cost to administer the pilot is $1.9 million. At this time, these funds have not been allocated for the 2024 primary, creating an unfunded mandate with an untenable three-month timeline to implement the program.

By reviewing and understanding the provisions of the omnibus elections bill, it is easy to come to the conclusion that the goal of this dangerous legislation is to make it more complicated and harder for people to freely cast their ballot. This especially targets young people and college students away from home who use absentee voting and same-day registration during early voting. It targets people with disabilities and elderly North Carolinians who utilize absentee voting and will be most impacted by signature verification. It targets people of color and immigrants who become new citizens close to election day via public jury data files and increased opportunities for harassment by poll observers.

We encourage you to advocate for fair elections and oppose the provisions of the bill that Gov. Cooper rightly vetoed. We need to inform voters of the negative consequences of this legislation. And, if these provisions become law, we must commit to helping people understand how to navigate new procedures so that every eligible voter can cast a ballot and make their voices heard.

– Marian Lewin, LWVNC Vice President

Aug. 9, 2023 – In addition to proposed legislation that will affect voting in our state, the North Carolina General Assembly is considering several bills that will impact public education. This edition of the Legislative Update focuses on that legislation. 

Current bills in the General Assembly show a weakening commitment to traditional public schools, despite 1.4 million (77%) children in our state attending these schools.    

Here is an evaluation of how the current legislation compares to key LWVNC positions.  

Position: Allocation of reliable, sufficient, and equitable legislative funding

Including full funding of the Leandro Comprehensive Remedial Plan 

– The State Budget, which provides 63% of school funding, has not been ratified – even though school districts must make decisions on staffing, curriculum support, etc. as they start the school year. It is now expected to be delayed until September.  

 – Negotiations are underway at the legislature. Overall funding is not expected to keep up with the critical shortage of teachers, staff, and school counselors. The Senate proposal has a decrease of 2.2% in overall K-12 education funding, and the House proposal has a very small increase of 0.7%, compared to Governor Roy Cooper’s proposal of 12.1%. Teachers will most likely receive a pay increase between 5.3% (House) and 2.3% (Senate). 

– Funding for the expansion of Opportunity Scholarships is expected.   

Position: Accountability and transparency for all schools receiving taxpayer monies (public, charter, private schools)

 HB 823/SB406    Choose Your School, Choose Your Future

– Status: In Senate Rules and expected to be included in the final state budget. 
– This bill would make all NC K-12 students eligible for vouchers, with grant amounts based on household income, beginning in 2023-2024. It gets rid of the requirement that a student must be from a low-income household.
– Does not provide any accountability measures for private schools.
– Would divert millions of dollars to private schools, with no accountability to the State Board of Education.
– May be modified in the state budget due to strong pushback across the state.

Position: Policies & working conditions that encourage student growth, educator enhancement, and administrative effectiveness

HB 219 Charter School Omnibus

– Status: Vetoed by Governor Cooper but most likely the veto will be overridden. 
– This bill would make varying changes to charter schools in NC.
– Allows charter schools to continue to expand, even with low-performance.
– Allows counties to appropriate property taxes to fund charter school capital needs.

 HB 618 Charter School Review Board

– Status: Vetoed by Governor Cooper but most likely the veto will be overridden.
– Converts the Charter Schools Advisory Board to the Charter School Review Board.
– The North Carolina Constitution clearly gives the State Board of Education the oversight of public schools.
– Shifts the authority to approve charters from the State Board of Education to the Review Board.

 HB 574 Fairness in Women’s Sports

– Status: Vetoed by Governor Cooper but most likely the veto will be overridden.
– Mandates that middle and high school student athletes must play on teams in accordance with their sex assigned at birth regardless of their gender identity.
– A process already exists within the North Carolina High School Athletic Association for student athletes that wish to compete.
– Advances a false narrative around the issue.

SB 49 Parents Bill of Rights

– Status: Vetoed by Governor Cooper; most likely the veto will be overridden or placed into the budget.
– Includes provisions that ban discussions on sexuality and gender identity in K-4th Grade in NC schools. Lack of education about reproductive health and sexuality raises concerns, especially for students who begin puberty at an early age.
– Requires school staff to tell parents if students change their name or pronoun and share mental health information. There is concern that it will put LGBTQ students at risk.
– Language is very broad and will be difficult to navigate at the school level. 

– Jeanne Smith, LWVNC Education League Action Team