DemNC V NCSBE ECF 12-8 PDF

EXHIBIT 11
An Act to Provide Aid to North Carolinians in

Response to the Coronavirus Disease (COVID-19)
Crisis, Sl. 2020-3 §4.1(c) (May 4, 2020)
Exhibit to Declaration of Allison J. Riggs in support of Plaintiffs Motion for a Preliminary

Injunction
Case 1:20-cv-00457-WO-JLW Document 12-8 Filed 06/05/20 Page 1 of 39

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
SESSION LAW 2020-3

SENATE BILL 704
AN ACT TO PROVIDE AID TO NORTH CAROLINIANS IN RESPONSE TO THE

CORONAVIRUS DISEASE 2019 (COVID-19) CRISIS.
The General Assembly of North Carolina enacts:
PART I. ECONOMIC SUPPORT
WAIVE ACCRUAL OF INTEREST ON DEFERRED PAYMENT OF CORPORATE

INCOME AND FRANCHISE TAX AND INDIVIDUAL INCOME TAX AND EXTEND
CERTAIN TAX-RELATED DEADLINES
SECTION 1.1.(a) Interest Waiver. – As a result of the COVID-19 outbreak, the
Secretary of Revenue has extended the franchise, corporate income, and individual income tax
payment deadline from April 15, 2020, to July 15, 2020, and pursuant to G.S. 105-249.2, the
Secretary will not assess a penalty for failure to file a return or pay a tax due as long as the return
is filed and the tax due is paid by July 15, 2020. Notwithstanding G.S. 105-241.21(b), the
Secretary of Revenue shall also waive the accrual of interest from April 15, 2020, through July
15, 2020, on an underpayment of tax imposed on a franchise, corporate income, or individual
income tax return, including a partnership and estate and trust tax return, due from April 15,
2020, through July 15, 2020. The relief from accrual of interest from April 15, 2020, through
July 15, 2020, also includes interest imposed pursuant to G.S. 105-163.15 and G.S. 105-163.41
for payments due on or before July 15, 2020.
SECTION 1.1.(b) Refund Request. – For franchise, corporate income, and
individual income tax, the statute of limitations for obtaining a refund is extended to July 15,
2020, for refund claims for which the statute of limitations to seek a refund expires on or after
April 15, 2020, and before July 15, 2020.
SECTION 1.1.(c) Time-Sensitive Actions. – Certain actions required to be taken by
a taxpayer on or after April 1, 2020, and before July 15, 2020, will be considered timely if the
request or petition is filed on or before July 15, 2020. This subsection applies to requests for
Departmental review under G.S. 105-241.11, petitions for a contested case hearing at the Office
of Administrative Hearings under Article 3 of Chapter 150B of the General Statutes and
G.S. 105-241.15, and petitions for judicial review under Article 4 of Chapter 150B of the General
Statutes and G.S. 105-241.16.
SECTION 1.1.(d) This section is effective when it becomes law.
FLEXIBILITY TO ADMINISTER UNEMPLOYMENT COMPENSATION AND SUTA

TAX CREDIT
SECTION 1.2.(a) Chapter 96 of the General Statutes is amended by adding a new
section to read:
"§ 96-14.15. Emergency unemployment benefits and tax credit to respond to the
coronavirus emergency of 2020.
(a) Benefits Payable. – Unemployment benefits are payable in response to the
coronavirus emergency in any of the following circumstances:
*S704-v-6*
SECTION 3F.1.(d) This section is effective when it becomes law and expires 30
days after Executive Order No. 116 is rescinded.
INCREASED ACCESS TO TELEHEALTH UNDER THE MEDICARE PROGRAM

SECTION 3F.2. The General Assembly urges the federal Centers for Medicaid and
Medicare Services to provide reimbursement for health care delivered through audio-only
communication, such as over the telephone, under the Medicare program in order to reduce
barriers and increase access to health care for older adults.
PART IV. CONTINUITY OF STATE GOVERNMENT/REGULATORY RELIEF
EMERGENCY VIDEO NOTARIZATION

SECTION 4.1.(a) G.S. 10B-3 is amended by adding a new subdivision to read:
"(7a) Emergency video notarization. – An acknowledgement, affirmation, or oath
notarization completed by a notary in compliance with the requirements of
G.S. 10B-25. Emergency video notarization shall not include a verification
proof as defined in G.S. 10B-3(28)."
SECTION 4.1.(b) G.S. 10B-10 reads as rewritten:
"§ 10B-10. Commission; oath of office.office; emergency extension.
…
(b) The Except as provided in subsection (b1) of this section, the appointee shall appear
before the register of deeds no later than 45 days after commissioning and shall be duly qualified
by taking the general oath of office prescribed in G.S. 11-11 and the oath prescribed for officers
in G.S. 11-7.
(b1) Notwithstanding subsection (b) of this section, if the Secretary grants a commission
after March 9, 2020, and before August 1, 2020, the appointee shall have 90 days to appear before
the register of deeds to take the general oath of office. A register of deeds may administer the
required oath to such appointee using video conference technology provided the appointee is
personally known to the register of deeds or the appointee provides satisfactory evidence of the
appointee's identity to the register of deeds. As used in this subsection, video conference
technology and satisfactory evidence are as defined in G.S. 10B-25.
…
(e) If the appointee does not appear before the register of deeds within 45 days of
commissioning, the time prescribed in this section, the register of deeds must return the
commission to the Secretary, and the appointee must reapply for commissioning. If the appointee
reapplies within one year of the granting of the commission, the Secretary may waive the
educational requirements of this Chapter."
SECTION 4.1.(c) Part 3 of Article 1 of Chapter 10B of the General Statutes is
amended by adding a new section to read:
"§ 10B-25. Emergency video notarization.
(a) Notwithstanding any other provision of law, a notary may perform an emergency
video notarization using video conference technology provided all of the requirements of this
section are satisfied. A notary who is not satisfied that the principal's identity has been proven by
satisfactory evidence shall not be required to complete an emergency video notarization. An
emergency video notarization shall not change any originality verification requirements for
recording with a register of deeds, clerk of superior court, or other government or private office
in this State. Nothing in this section shall apply to any notarization under Article 20 of Chapter
163 of the General Statutes.
(b) As used in this section, video conference technology is electronic communication
that:
(1) Occurs in real time.
Senate Bill 704 Session Law 2020-3 Page 31

(1a) Allows direct interaction between the principal seeking the notary's services
and the notary so that each can communicate simultaneously by sight and
sound through an electronic device or process.
(2) Includes audio with sound clear enough that each participant in the notarial
act can hear and understand all other participants.
(3) Has sufficient quality to allow a clear and unobstructed visual observation of
the face of each participant, and any identification provided by the principal
for a sufficient time to allow the notary to determine if it is satisfactory
evidence. The notary shall determine if the time is sufficient.
(4) Is not prerecorded video or audio or both.
(5) May be capable of recording by means of one of the following:
a. The video conference technology's recording and storage services.
b. An independent video recording device.
c. Electronically saved screenshots clearly showing each participant's
face, identification presented by the principal, and the notarized
document.
(c) The requirement of personal appearance, appear in person before a notary, physical
presence, and presence, as those terms are used in this Chapter, are satisfied for the purpose of
an emergency video notarization if the notary is physically present in North Carolina, the
principal verifies to the notary that he or she is physically present in North Carolina at the time
of the notarization, the principal identifies the county where he or she is located at the time of the
notarial act, and the principal and notary use video conference technology that complies with the
requirements of this section.
(d) A notary who has personal knowledge of a principal may rely on the video conference
technology to verify the principal's identity unless the notary, in the notary's sole discretion,
requires satisfactory evidence. A notary who does not have personal knowledge of a principal
shall require satisfactory evidence of the principal's identity. The requirement of satisfactory
evidence, as that term is used in this Chapter, is satisfied for the purpose of an emergency video
notarization if identification of the principal is based on at least one document that meets all of
the following:
(1) Is current or, if expired, did not expire prior to March 10, 2020.
(2) Is issued by a federal, state, or federal or state-recognized tribal government
agency.
(3) Bears a photographic image of the principal's face.
(4) Has both the principal's signature and a physical description of the principal.
(e) The notary shall use video conference technology to observe each principal sign each
document that is to be notarized. The principal shall verbally state what documents are being
signed for the notarial record. After the document is signed by the principal, the principal or the
principal's designee shall do the following:
(1) If an original wet-signed notarization on an original wet-signed document is
not required, transmit a legible copy of the signed document to the notary by
fax or other electronic means on the same day it was signed. The notary shall
notarize the document on the same day the notary receives the document, and
the notary shall transmit the notarized document back to the principal or the
principal's designee by physical delivery, fax, or other electronic means on the
same day the notary signed the document.
(2) If an original wet-signed notarization on an original wet-signed document is
required, transmit a legible copy of the signed document by fax or other
electronic means to the notary on the same day on which the document was
signed and also deliver the original signed document to the notary by mail or
other physical method. The notary shall compare the original document with
Page 32 Session Law 2020-3 Senate Bill 704

the document transmitted by fax or other electronic means. If the faxed or
electronic document is the same as the document received by mail or physical
delivery, the notary shall notarize the wet signature on the original document
and date the notarial act as of the date of the act observed using video
conference technology and promptly transmit the original wet-notarized
original document to the principal or the principal's designee by mail or other
physical delivery as directed by the principal.
(f) If the notarial act is an oath or affirmation, the notary shall administer the oath or
affirmation to the affiant using video conference technology.
(g) An acknowledgement or jurat certificate for an emergency video notarization shall
include all of the following:
(1) The North Carolina county in which the notary public was located during the
emergency video notarization.
(2) The North Carolina county in which the principal stated he or she was
physically located during the emergency video notarization.
(3) The following statement:
I signed this notarial certificate on _________ (Date) according to the emergency video
notarization requirements contained in G.S. 10B-25.
(h) If an acknowledgement or jurat certificate provided to a notary does not include the
statement required by subsection (g) of this section, the notary shall insert the statement. By
making or giving a notarial certificate using emergency video notarization, whether or not stated
in the certificate, a notary certifies compliance with all the requirements of this section.
(i) A notary who performs an emergency video notarization shall record information
about the notarization in a notary journal that is the exclusive property of the notary. The journal
shall be retained by the notary for at least 10 years and may be maintained in electronic form.
The notary shall keep the journal in a secure location and shall not allow another person to make
entries in the journal. A notary may surrender the journal to the notary's employer upon
termination of employment, but the notary shall also keep and maintain an accurate copy of the
journal.
(j) At a minimum, for each emergency video notarization, the notary shall include the
following information in the journal:
(1) The time of day when the notary observed the signing of the document by
each principal and was presented with the principal's acceptable form of
identification.
(2) The date of the completion of the emergency video notarization notarial
certificate.
(3) The last and first name of each principal.
(4) The type of notarial act performed.
(5) The type of document notarized or proceeding performed.
(6) The type of acceptable form of identification presented including, if
applicable, the issuing agency and identification number on the identification
presented.
(7) The type of video conference technology used during the emergency video
notarization.
(8) A statement that the notary and each principal could see and hear each other.
(9) Whether any other person was present with the principal at the time of
signature and if so, the name of that person.
(k) A third party involved in a transaction that utilizes an emergency video notarization
may require additional information to be included in the journal kept by the notary under
subsection (j) of this section such as inclusion of a recording in the notary's journal or the method
Senate Bill 704 Session Law 2020-3 Page 33

used by the notary to determine that a wet-signed original document is the same as the faxed or
electronically submitted document.
(l) As a public official, a notary shall maintain the confidentiality of a principal's
documents at all times.
(m) The Secretary may issue interpretive guidance or issue emergency or temporary rules
as necessary to ensure the integrity of the emergency video notarization measures provided for
in this section.
(n) This section shall expire at 12:01 A.M. on August 1, 2020; provided, however, all
notarial acts made in accordance with this section and while this section is in effect shall remain
effective and shall not need to be reaffirmed."
SECTION 4.1.(d) This section is effective when it becomes law.
EMERGENCY VIDEO WITNESSING

SECTION 4.2.(a) Chapter 10B of the General Statutes is amended by adding a new
Article to read:
"Article 3.
"Video Witnessing During State of Emergency.
"§ 10B-200. Applicability.
(a) This Article applies to the witnessing and signature of all records, as defined in
G.S. 10B-3(19), signed, by a principal physically located in the State of North Carolina, on or
after the effective date of this act.
(b) This Article expires August 1, 2020.
(c) No action described in this Article constitutes a notarial act, as defined in
G.S. 10B-3(11), and no action described in this Article is governed by Article 1 or 2 of this
Chapter.
"§ 10B-201. Emergency video witnessing.
(a) Notwithstanding any general or special law to the contrary, any person who witnesses
the signature of a record through video conference technology shall be considered an "in-person"
witness, and the record shall be considered to have been signed by the principal signer "in the
presence of" such witness, if the video conference technology allows for direct, real-time audio
and video interaction between each principal signer and the witness.
(b) Notwithstanding any general or special law to the contrary, an attesting witness to a
record shall be considered to have signed such record in the presence of the principal signer, if
all of the following are satisfied:
(1) The signature of the principal signer is witnessed by the attesting witness in
accordance with the requirements of subsection (a) of this section.
(2) The attesting witness immediately thereafter signs such record while the video
conference technology still allows for direct, real-time audio and video
interaction between the principal signer and the attesting witness.
(c) Any record witnessed pursuant to this section shall contain all of the following:
(1) A conspicuous statement indicating that the record was witnessed by one or
more witnesses physically located in the State of North Carolina pursuant to
this Article.
(2) The county in which each remote witness was physically located when
witnessing execution of the record.
(3) The county in which each principal signer was physically located during the
witnessed execution of the record.
(d) Notwithstanding any general or special law to the contrary, absent an express
prohibition in a legal document against signing in counterparts, any record witnessed pursuant to
this Article may be signed in counterpart, which counterparts, when combined, shall create a
single original record."
Page 34 Session Law 2020-3 Senate Bill 704

EXHIBIT 12
North Carolina Absentee Application and

Certificate, made available by Pitt County,
North Carolina

Injunction

Absentee Application and Certificate
Fraudulently or Falsely completing this form is a Class 1 felony under Chapter 163 of the N.C. General Statutes
The following people are PROHIBITED from signing the Witnesses' Certification:
For all voters: a candidate, UNLESS the candidate is the voter’s near relative;
For voters who are patients or residents of a hospital, clinic, nursing home, or adult care home: (1) an owner, manager, director, or employee of that
facility; (2) an individual who holds any federal, State, or local elective office; and (3) an individual who holds office in a State, congressional district, county or precinct political
party or organization, or who is a campaign manager or treasurer for any candidate or political party.
Voter’s Certification (Required) Witnesses’ Certification

I am applying for an absentee ballot • I am a duly qualified voter, regis- Option 1: Two (2) Witnesses
tered as an affiliate of the political party indicated on this application (Required Unless a Notary Public is the Witness)
Affix NON-BARCODE • All information represented on this application is correct • I am entitled
I certify that: • I am at least 18 years old • I am not disqualified from witnessing the ballot as
to vote in this election • If I am an Unaffiliated voter voting in a primary
election, I am voting in the party primary indicated on the attached described in the WARNING on the flap of this envelope • The Voter marked the enclosed ballot in
Label HERE label • If the party indicated is (UNA), I am voting a nonpartisan ballot. my presence, or caused it to be marked in the Voter’s presence according to his/her instruction •
The Voter signed this Absentee Application and Certificate, or caused it to be signed • I respected
I further certify that I marked the enclosed ballot (or it was marked for the secrecy of the ballot and the Voter’s privacy, unless I assisted the Voter at his/her request
me according to my instructions) in the presence of: [complete Voter Assistant Certification section].
Witness #1 Witness #2
two (2) witnesses who are at least 18 years of age and who are not
disqualified by law to witness the casting of my absentee ballot (the
Affix BARCODE witnesses must complete the Option 1 of the Witnesses’ Certification)
Signature (Required) Signature (Required)
OR
a notary public (the notary must complete Option 2 of the Witnesses’
Label HERE Certification) Street Address (Required) Street Address (Required)
X City, State and Zip (Required) City, State and Zip (Required)
Signature of Voter (Required) Date
Board Approval Date Date Date
Name Correction (if applicable) Option 2: Notary Public as Witness

Second Primary Request or Runoff Request (Required Unless Two Witnesses Provided)
In the event that a Second Primary (or Runoff Election) is called,
I request that an absentee application and ballot be issued to me Voter Assistant Certification (if applicable)
I certify that: on the ____________ day of ____________________________, 20 ________, the Voter:
and mailed to me. (Check the box to receive eligible ballots.) I certify that: • The voter requested my assistance • I assisted the _________________________________________ personally appeared before me, was positively
Voter by marking the ballot only according to the Voter’s instruction;
and/or I assisted the Voter in completing the Absentee Application and identified, and in my presence, the Voter marked the enclosed ballot, or caused it to be marked in the Voter’s
Annual Request for Illness/Disability presence according to his/her instruction • The Voter signed this Absentee Application and Certificate, or
Due to continued or expected illness or disability, I request that Certificate • I assisted the Voter only in the Voter’s presence • I am
this application be a request for absentee ballots for any other the Voter’s near relative or verifiable legal guardian, or I am providing caused it to be signed • I am at least 18 years old • I am not disqualified from witnessing the ballot as
elections to be held this calendar year in which I am eligible to assistance because a near relative or legal guardian is unavailable to described in the WARNING on the flap of this envelope • I respected the secrecy of the ballot and the privacy
participate. (Check the box to receive eligible ballots.) assist the Voter. of the Voter, unless I assisted the Voter at his/her request [complete Voter Assistant Certification section].
NOTE: A notary may not charge any fee for witnessing and affixing a notarial seal to an absentee ballot application or certificate. [G.S. § 10B-30].
Signature of Voter (if applicable) Name of Assistant Address of Assistant STATE OF _________________________________
X SEAL
COUNTY OF ________________________________
Address where application and ballots should be mailed Signature of Assistant Date Notary Public Commission Expiration Date
NCSBE v2018.02
EXHIBIT 13
Federal Write-in Absentee Ballot, made available by

the Federal Voting Assistance Program

Injunction

Federal Write-In Absentee Ballot Use this form if you are:
If you do not receive your absentee ballot in enough time to meet
your state’s deadlines, use this ballot as a backup. If you send in this
ballot and receive your state’s ballot later, you should fill out and On active duty in the Uniformed
return your state ballot as well. Your election office will count only one Services or Merchant Marine
ballot.
An eligible spouse or dependent
The following require you to register and request an absentee ballot
before filling out this form: AL, AS, AR, CT, FL, GU, HI, ID, IL, IN, KS, A U.S. citizen living outside the
LA, NH, NJ, NM, NY, PA, PR, RI, SD, TX, WI, WV, and WY. If your state United States
or territory is listed, complete a Federal Post Card Application (FPCA)
online at FVAP.gov.
If you already registered and requested a ballot, send in the Voter

Information page and the Official Backup Ballot.
Please be aware that some states will accept this form as

registration and as an absentee ballot request for future elections.
You can vote wherever you are. This is how.

1. Fill out your Voter Information page completely and accurately.
• Your U.S. voting residence address is used to determine where Agency Disclosure Statement
you are eligible to vote absentee. For military voters, it is The public reporting burden for this collection of
usually your last address in your state of legal residence. For information is estimated to average 15 minutes per
overseas citizens, it is usually the last place you lived before response, including time to review instructions,
moving overseas. You do not need to have any current ties gathering and maintaining the data needed,
and completing and reviewing the collection of
with this address. DO NOT write a PO Box # in section 2. information. Send comments regarding this burden
• Most states allow you to provide a Driver’s License number or estimate or any other aspect of this collection of
information, including suggestions for reducing the
the last 4 digits of your SSN. Some states require a full SSN. burden to: Department of Defense, Washington
See your state’s guidelines at FVAP.gov. Headquarters Services, Executive Services
Directorate, Information Management Division, 4800
• If you cannot receive mail at your mailing address, please Mark Center Dr., East Tower, Suite 03F09, Alexandria,
specify a mail forwarding address. VA 22350-3100. [OMB Control #0704-0502].
Respondents should be aware that notwithstanding
• Most states require you to specify a political party to vote in
any other provision of law, no person shall be subject
primary elections. This information may be used to register to any penalty for failing to comply with a collection of
you with a party. information if it does not display a currently valid OMB
control number. DO NOT RETURN YOUR FORM TO
• Section 6 Requirements: Alabama requires two witness THE ADDRESS ABOVE.
signatures; Alaska, Virginia and Wisconsin, require one
witness signature; Puerto Rico requires your mother’s and Privacy Advisory
father’s first name; Vermont requires a voter’s oath. Additional
state instructions can be found at FVAP.gov. When completed, this form contains personally
identifiable information and is protected by the
• Remember to sign the bottom of the Voter Information page! Privacy Act of 1974, as amended.
2. Carefully fill out and seal your Official Backup Ballot.

• DO NOT sign your ballot or include any personal information.
Keep your ballot anonymous.
• If using a self-sealing form, remove the adhesive liner, fold and
seal tightly.
• If you printed out the form, fold the voted ballot and seal it in an
envelope marked “ballot enclosed”.
3. Assemble your documents for mailing.

• Put your Voter Information page and Official Backup Ballot into
the mailing envelope.
• You can find the address for your election office at FVAP.gov. Questions?
• All states accept this form by mail, but they vary on email and
fax. See your state’s rules in the Voting Assistance Guide online Email [email protected]
at FVAP.gov.

Voter Information Have you already registered and
requested an absentee ballot?
Federal Write-In Absentee Ballot (FWAB) Some states allow you to use this form to register and request
ballots for future elections. Visit FVAP.gov for more details.
Print clearly in blue or black ink, please see back for instructions.
1. Who are you? Pick one.

For absent Uniformed I am on active duty in the Uniformed Services or Merchant Marine -OR- I am an eligible spouse or dependent.
Service members, their I am a U.S. citizen living outside the country, and I intend to return.
families, and citizens I am a U.S. citizen living outside the country, and my intent to return is uncertain.
residing outside the
United States. I am a U.S. citizen living outside the country, and I have never lived in the United States.
Female
Last name Suffix (Jr., II) Sex
Male
First name Previous names (if applicable)
Middle name Birth date (MM/DD/YYYY) / /
Social Security Number Driver’s license or State ID #
2. What is your U.S. voting residence address?

Your voting materials will not be sent to this address. See instructions on other side of form.
Street address Apt #

City, town, village State
County ZIP
3. Where are you now? You MUST give your CURRENT contact information.
Your mailing address. (Different from above) Your mail forwarding address. (If different from mailing address)
4. What is your contact information? This is so election officials can reach you about your request.
Provide the country code and area code with your phone and fax number. Do not use a Defense Switched Network (DSN) number.
Email: Phone:
Alternate email: Fax:
5. What are your preferences for future elections?
A. Do you want to register and B. How do you want to Mail C. What is your
Yes
request a ballot for all elections receive voting materials Email or online political party for
you are eligible to vote in? No from your election office? Fax primary elections?
6. What additional information must you provide?

The following need more information: Alabama, Alaska, Puerto Rico, Vermont, Virginia and Wisconsin, see back for instructions. Additional
state instructions can be found at FVAP.gov.
7. You must read and sign this statement.

I swear or affirm, under penalty of perjury, that:
The information on this form is true, accurate, and complete to the best of my knowledge. I understand that a material misstatement of fact in
completion of this document may constitute grounds for conviction of perjury.
I am a U.S. citizen, at least 18 years of age (or will be by the day of election), eligible to vote in the requested jurisdiction, and
I am not disqualified to vote due to having been convicted of a felony or other disqualifying offense, nor have I been adjudicated mentally
incompetent; or if so, my voting rights have been reinstated; and
I am not registering, requesting a ballot, or voting in any other jurisdiction in the United States, except the jurisdiction cited in this voting form.
In voting, I have marked and sealed this ballot in private and have not allowed any person to observe the marking of this ballot, except those
authorized to assist voters under State and Federal law.
Sign here X Today’s date

(MM/DD/YYYY)
/ /
This information is for official use only. Any unauthorized release may be punishable by law. Previous editions are obsolete. Standard Form 186 (Rev.04-2019), OMB No. 0704-0502

Official Backup Ballot Vote by writing the NAME or PARTY of the
candidates you choose. To find out about
Federal Write-In Absentee Ballot (FWAB) specific federal candidates and races go to
Print clearly in blue or black ink.
FVAP.gov.
Instructions
• This ballot can be used to vote for federal offices.

• DO NOT write your name or any identifying number (SSN, driver’s license) on this ballot.
• Photocopy this page if you require additional room for candidates or ballot initiatives.
• If you are voting in American Samoa, Guam, Puerto Rico, or the U.S. Virgin Islands, you may vote for Delegate or
Resident Commissioner, and in presidential primaries.
• State laws vary about using the FWAB for other offices like Governor or Mayor. Learn more online at FVAP.gov.
Federal offices
President and Vice President
U.S. Senator
U. S. Representative, Delegate, or
Resident Commissioner to Congress
Non-federal offices
Office Candidate name Political party
Ballot initiatives or other items
Standard Form 186 (Rev.04-2019), OMB No. 0704-0502

Official Ballot
Federal Write-In Absentee Ballot
Private
Fold your ballot and keep it private. Put it in the envelope.

Before you seal this envelope:
STOP
1. Sign and fold your Voter Information page.
2. Fold and seal your Official Backup Ballot.
3. Put both inside this envelope, and mail it
to your election office. The address can be
found at FVAP.gov.
1
Voter
Information Voter
Information
Fold in half
2
Ballot Official Ballot
Private
Fold and seal
3
Voter
Information
Official Ballot
Private
Mailing
Envelope
For election officials:

This is an official Federal Write-In Absentee Ballot
authorized by 52 U.S.C. § 20301.
If you have questions about it, contact your State officials.

U.S. Postage Paid
39 USC 3406
PAR AVION
From
(Your name and mailing address.)
International airmail postage is required if not mailed using the

U.S. Postal Service, APO/FPO/DPO system, or diplomatic pouch.
I have enclosed my ballot for the __ /____ election.

MM YYYY
OFFICIAL ABSENTEE BALLOTING MATERIAL – FIRST CLASS MAIL
NO POSTAGE NECESSARY IN THE U.S. MAIL – DMM 703.8.0
To
(Fill in the address of your election office. The address can be found online at FVAP.gov.)

EXHIBIT 14
Recommendations for Election Polling Locations,

published by the CDC

Injunction

Coronavirus Disease 2019 (COVID-19)
Recommendations for Election Polling Locations

Interim guidance to prevent spread of coronavirus disease 2019 (COVID-19)
Updated March 27, 2020
Summary of changes:
Encourage moving election polling locations away from long term care facilities and facilities housing older persons to
minimize COVID-19 exposure among older individuals and those with chronic medical conditions.
Updated EPA COVID Disinfectant link.
Background
There is much to learn about the novel coronavirus (SARS-CoV-2) that causes coronavirus disease 2019 (COVID-19). Based on
what is currently known about SARS-CoV-2 and about similar coronaviruses, spread from person-to-person happens most
frequently among close contacts (within about 6 feet). This type of transmission occurs via respiratory droplets. Transmission
of SARS-CoV-2 to persons from surfaces contaminated with the virus has not been documented. Transmission of coronavirus
in general occurs much more commonly through respiratory droplets than through contact with contaminated surfaces.
Current evidence suggests that SARS-CoV-2 may remain viable for hours to days on surfaces made from a variety of materials.
Cleaning of visibly dirty surfaces followed by disinfection is a best practice measure for prevention of COVID-19 and other viral
respiratory illnesses in election polling locations.
Purpose
This guidance provides recommendations on the routine cleaning and disinfection of polling location areas and associated
voting equipment (e.g., pens, voting machines, computers). It suggests actions that polling station workers can take to reduce
the risk of exposure to COVID-19 by limiting the survival of the virus in the environment. This guidance will be updated if
additional information becomes available.
De nitions:
Community settings (e.g. polling locations, households, schools, daycares, businesses) encompass most non-healthcare
settings and are visited by the general public.
Cleaning refers to the removal of dirt and impurities including germs from surfaces. Cleaning alone does not kill germs.
But by removing them, it decreases the number of germs and therefore any risk of spreading infection.
Disinfecting kills germs on surfaces. Disinfecting works by using chemicals to kill germs on surfaces. This process does
not necessarily clean dirty surfaces or remove germs. But killing germs remaining on a surface after cleaning further
reduce any risk of spreading infection.
Actions for elections o cials in advance of election day

Encourage voters to use voting methods that minimize direct contact with other people and reduce crowd size at
polling stations.
Encourage mail-in methods of voting if allowed in the jurisdiction.
Encourage early voting, where voter crowds may be smaller throughout the day. This minimizes the number of
individuals a voter may come in contact with.
Encourage drive-up voting for eligible voters if allowed in the jurisdiction.
Encourage voters planning to vote in-person on election day to arrive at o -peak times. For example, if voter
crowds are lighter mid-morning advertise that in advance to the community

crowds are lighter mid-morning, advertise that in advance to the community.
Encourage relocating polling places from nursing homes, long-term care facilities, and senior living residences,
to minimize COVID-19 exposure among older individuals and those with chronic medical conditions.
Consider additional social distancing and other measures to protect these individuals during voting.
Preventive actions polling workers can take

Stay at home if you have fever, respiratory symptoms, or believe you are sick
Practice hand hygiene frequently: wash hands often with soap and water for at least 20 seconds. If soap and water
are not readily available, use an alcohol-based hand sanitizer that contains at least 60% alcohol.
Practice routine cleaning of frequently touched surfaces: including tables, doorknobs, light switches, handles, desks,
toilets, faucets, sinks, etc.
Disinfect surfaces that may be contaminated with germs after cleaning: A list of products with EPA-approved
emerging viral pathogens claims  is available. Products with EPA-approved emerging viral pathogens claims are
expected to be e ective against the virus that causes COVID-19 based on data for harder to kill viruses. Follow the
manufacturer’s instructions for all cleaning and disinfection products (e.g., concentration, application method and
contact time, use of personal protective equipment).
Clean and disinfect voting-associated equipment (e.g., voting machines, laptops, tablets, keyboards) routinely. Follow
the manufacturer’s instructions for all cleaning and disinfection products.
Consult with the voting machine manufacturer for guidance on appropriate disinfection products for voting
machines and associated electronics.
Consider use of wipeable covers for electronics.
If no manufacturer guidance is available, consider the use of alcohol-based wipes or spray containing at least
70% alcohol to clean voting machine buttons and touch screens. Dry surfaces thoroughly to avoid pooling of
liquids.
Preventive action polling stations workers can take for themselves and the general
public
Based on available data, the most important measures to prevent transmission of viruses in crowded public areas
include careful and consistent cleaning of one’s hands. Therefore:
Ensure bathrooms at the polling station are supplied adequately with soap, water, and drying materials so visitors
and sta can wash their hands..
Provide an alcohol-based hand sanitizer with at least 60% alcohol for use before or after using the voting machine or
the nal step in the voting process. Consider placing the alcohol-based hand sanitizer in visible, frequently used
locations such as registration desks and exits.
Incorporate social distancing strategies, as feasible.Social distancing strategies increase the space between
individuals and decrease the frequency of contact among individuals to reduce the risk of spreading a disease.
Keeping individuals at least 6 feet apart is ideal based on what is known about COVID-19. If this is not feasible, e orts
should be made to keep individuals as far apart as is practical. Feasibility of strategies will depend on the space
available in the polling station and the number of voters who arrive at one time. Polling station workers can:
Increase distance between voting booths.
Limit nonessential visitors. For example, poll workers should be encouraged not to bring children, grandchildren,
etc. with them as they work the polls.
Remind voters upon arrival to try to leave space between themselves and others. Encourage voters to stay 6 feet
apart if feasible. Polling places may provide signs to help voters and workers remember this.
Discourage voters and workers from greeting others with physical contact (e.g., handshakes). Include this
reminder on signs about social distancing.
Recommendations for processing mail-in ballots

Workers handling mail in ballots should practice hand hygiene frequently

g p yg q y
No additional precautions are recommended for storage of ballots
References
Community Mitigation Guidance for COVID-19 Response in the United States:
Nonpharmaceutical Interventions for Community Preparedness and Outbreak Response
Handwashing: Clean Hands Save Lives
Protect Yourself & Your Family
Page last reviewed: March 10, 2020

EXHIBIT 15
The 2014 EAC Election Administration and Voting

Survey Comprehensive Report (Table 39), published
by the U.S. Election Assistance Comm’n

Injunction

U.S. ELECTION ASSISTANCE COMMISSION

THE 2014 EAC ELECTION ADMINISTRATION AND VOTING SURVEY COMPREHENSIVE REPORT
2014 Election Administration and Voting Survey

Table 39. Number and Ages of Poll Workers
State Election Number of Under 18 18 to 25 26 to 40 41 to 60 61 to 70 71 and Over Balance (See Notes)
Juris. in Poll Workers
Survey Total Cases Total Pct. Total Pct. Total Pct. Total Pct. Total Pct. Total Pct. Total Pct.
Alabama 67 0 … … … … … … 0 …
Alaska 1 2,716 1 … … … … … … 2,716 100.0
Arizona 15 9,203 14 183 2.0 129 1.4 314 3.4 715 7.8 1,983 21.5 2,220 24.1 3,659 39.8
Arkansas 75 8,443 72 0 0.0 28 0.3 112 1.3 429 5.1 755 8.9 851 10.1 6,268 74.2
California 58 81,146 57 9,101 11.2 6,930 8.5 7,743 9.5 20,883 25.7 15,578 19.2 12,266 15.1 8,645 10.7
Colorado 64 3,974 64 99 2.5 69 1.7 180 4.5 798 20.1 1,047 26.3 525 13.2 1,256 31.6
Connecticut 169 4,423 169 … … … … … … 4,423 100.0
Delaware 3 4,060 3 481 11.8 168 4.1 199 4.9 1,017 25.0 723 17.8 608 15.0 864 21.3
District of Columbia 1 1,743 1 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 1,742 99.9
Florida 67 41,902 67 80 0.2 830 2.0 1,984 4.7 9,079 21.7 10,005 23.9 10,916 26.1 9,008 21.5
Georgia 159 16,379 150 369 2.3 928 5.7 1,432 8.7 4,323 26.4 5,262 32.1 3,730 22.8 335 2.0
Hawaii 4 5,423 4 … … … … … … 5,423 100.0
Idaho 44 5,134 44 19 0.4 111 2.2 319 6.2 1,489 29.0 1,824 35.5 1,372 26.7 0 0.0
Illinois 110 44,537 105 … … … … … … 44,537 100.0
Indiana 92 18,308 78 233 1.3 384 2.1 749 4.1 2,330 12.7 2,473 13.5 1,946 10.6 10,193 55.7
Iowa 99 8,613 99 … … … … … … 8,613 100.0
Kansas 105 7,187 105 … … … … … … 7,187 100.0
Kentucky 120 14,940 120 … … … … … … 14,940 100.0
Louisiana 64 16,900 64 … … … … … … 16,900 100.0
Maine 500 5,082 490 29 0.6 86 1.7 376 7.4 1,497 29.5 1,728 34.0 1,366 26.9 0 0.0
Maryland 24 22,639 24 130 0.6 935 4.1 1,816 8.0 8,444 37.3 7,100 31.4 4,214 18.6 0 0.0
Massachusetts 351 13,164 351 … … … … … … 13,164 100.0
Michigan 83 31,546 83 928 2.9 1,445 4.6 2,241 7.1 9,024 28.6 10,234 32.4 7,674 24.3 0 0.0
Minnesota 87 28,665 87 … … … … … … 28,665 100.0
Mississippi 82 6,721 56 0 0.0 48 0.7 921 13.7 439 6.5 405 6.0 290 4.3 4,618 68.7
Missouri 116 15,931 114 150 0.9 192 1.2 388 2.4 2,457 15.4 3,536 22.2 3,376 21.2 5,832 36.6
Montana 56 3,809 56 15 0.4 54 1.4 205 5.4 977 25.6 1,462 38.4 1,096 28.8 0 0.0
Nebraska 93 6,976 93 69 1.0 68 1.0 334 4.8 1,543 22.1 2,318 33.2 2,644 37.9 0 0.0
Nevada 17 4,455 17 209 4.7 114 2.6 258 5.8 1,146 25.7 1,209 27.1 965 21.7 554 12.4
247 • A REPORT TO THE 114TH CONGRESS • JUNE 30, 2015

2014 Election Administration and Voting Survey

Table 39. Number and Ages of Poll Workers (continued)
Election Number of Under 18 18 to 25 26 to 40 41 to 60 61 to 70 71 and Over Balance (See Notes)
Juris. in Poll Workers
State Survey Total Cases Total Pct. Total Pct. Total Pct. Total Pct. Total Pct. Total Pct. Total Pct.
New Hampshire 320 2,392 320 … … … … … … 2,392 100.0
New Jersey 21 21,142 17 … … … … … … 21,142 100.0
New Mexico 33 3,550 33 … … … … … … 3,550 100.0
New York 62 57,812 62 … … … … … … 57,812 100.0
North Carolina 100 19,296 100 239 1.2 403 2.1 1,105 5.7 5,919 30.7 6,927 35.9 4,703 24.4 0 0.0
North Dakota 53 1,910 53 … … … … … … 1,910 100.0
Ohio 88 41,524 88 1,524 3.7 1,888 4.5 1,777 4.3 9,825 23.7 10,002 24.1 8,252 19.9 8,256 19.9
Oklahoma 77 6,241 77 0 0.0 36 0.6 108 1.7 922 14.8 2,059 33.0 3,116 49.9 0 0.0
Oregon 36 0 … … … … … … 0 …
Pennsylvania 67 0 … … … … … … 0 …
Rhode Island 39 3,797 39 … … … … … … 3,797 100.0
South Carolina 46 13,489 46 1,153 8.5 … … … … … 12,336 91.5
South Dakota 66 1,597 28 … 6 0.4 27 1.7 195 12.2 276 17.3 426 26.7 667 41.8
Tennessee 95 15,079 95 136 0.9 411 2.7 691 4.6 3,211 21.3 5,113 33.9 4,508 29.9 1,009 6.7
Texas 254 31,542 231 91 0.3 149 0.5 508 1.6 1,397 4.4 1,988 6.3 1,853 5.9 25,556 81.0
Utah 29 10,974 29 … … … … … … 10,974 100.0
Vermont 246 2,678 246 13 0.5 13 0.5 63 2.4 602 22.5 756 28.2 344 12.8 887 33.1
Virginia 133 18,321 130 648 3.5 422 2.3 1,021 5.6 5,042 27.5 5,818 31.8 3,911 21.3 1,459 8.0
Washington 39 235 37 0 0.0 8 3.4 10 4.3 85 36.2 97 41.3 25 10.6 10 4.3
West Virginia 55 9,455 55 0 0.0 168 1.8 569 6.0 1,577 16.7 1,486 15.7 973 10.3 4,682 49.5
Wisconsin 3,589 32,815 3,589 397 1.2 451 1.4 1,450 4.4 6,974 21.3 12,598 38.4 10,733 32.7 212 0.6
Wyoming 23 2,061 23 19 0.9 18 0.9 55 2.7 481 23.3 814 39.5 423 20.5 251 12.2
American Samoa 1 356 1 … … … … … … 356 100.0
Guam 1 290 1 0 0.0 76 26.2 79 27.2 98 33.8 33 11.4 4 1.4 0 0.0
Puerto Rico 0 0 … … … … … … 0 …
Virgin Islands 1 351 1 … … … … … … 351 100.0
Sum of Above 8,200 730,926 7,889 16,315 2.2 16,568 2.3 27,034 3.7 102,918 14.1 115,609 15.8 95,330 13.0 357,151 48.9
States Included 31 31 31 31 31 31 42
Question D3 D4a D4b D4c D4d D4e D4f calc

TABLE 39. NUMBER AND AGES OF POLL WORKERS
Questions D3, D4. Number of poll workers used and age category.
Question D3
Arizona Maricopa County also hired 116 citizen board Indiana One jurisdiction commented that its poll worker total
troubleshooters that do not serve as polling place includes Election Day and satellite workers.
board workers but are assigned several specific
polling place locations to assist the board workers at
these locations with any issues that come up on
Election Day. This quantity of additional workers
(116) is NOT reflected in the Maricopa’s D3 grand
total.
California One county noted that its D3 figure does not include Minnesota One county noted that their figure for D3 is an estimate.
reserve workers and couriers (46 cases). Another
county commented that its D3 figure includes poll
workers and rover/super rovers.
DC The DC Board of Elections tracks the ages of poll New Minimum required.
workers by percentage, rather than number. Hampshire
Florida Bay County lost a large number of poll workers Texas Three jurisdictions reported that their D3 figures
midcycle and had to continually recruit additional included only Election Day workers, while four
workers. jurisdictions indicated that their totals included both
workers for both Election Day and early voting. One
jurisdiction commented that its Election Day workers
were the same as its early voting workers. Another
jurisdiction noted that its total included workers who
were exclusively ballot board, central count, temporary
workers, security, or IT. One jurisdiction included both
typical and student election workers in its count. One
jurisdiction commented that its figure for D3 is an
estimate. One jurisdiction commented, “Double the total
of D3a if primary, there is never less than three persons at
a polling place, if a particular polling place is heavy
Hispanic then an interpreter is added, even if there is an
interpreter at the main election office.”

Vermont One jurisdiction reported that it held 2-hour shifts Wyoming One jurisdiction indicated that its total for D3 includes
for four ballot workers throughout the day, and its polling place workers, absentee board members, test
total also includes BCA counters. A different board members, canvass board members, and alternate
jurisdiction noted that its D3 total does not include workers.
one individual who came to help count only.
Another jurisdiction indicated that its total includes
both volunteer and paid vote counters (hand count
town). One jurisdiction indicated that its total
includes the town clerk and the assistant town clerk,
while a different jurisdiction reported that it did not
include its town clerk or assistant town clerk in its
total. One jurisdiction noted that its total does not
include the people who helped count votes.

TABLE 39. NUMBER AND AGES OF POLL WORKERS
Questions D3, D4. Number of poll workers used and age category.
Question D4
Arkansas One jurisdiction commented that most of its Indiana The average age of poll workers in Clay County was 60.58.
election workers are over 40 years old, while Another jurisdiction estimated that the average age of its
another jurisdiction commented that most of its poll workers was between 45 and 70; two other
election workers are between 61 and 70 years old. jurisdictions estimated the average age to be between 45
and 60. One jurisdiction commented that it “had a lot
more [poll workers] over 71, but they could not work. This
includes alternates.” Another jurisdiction reported that its
oldest poll worker was 88 years old. Two jurisdictions
reported that their average poll worker ages skewed high.
Arizona Maricopa County implemented a student poll Louisiana Data not available.
workers program back in 2008. Since its inception, it
has realized a steady increase in participation
among students. For the 2014 election, of the 3,848
workers in Maricopa County, over 152 of these
board workers were students.
California Thirteen counties indicated that the poll worker Minnesota Minnesota does not collect age data.
data was unavailable for certain groups of poll
workers; one county indicated that it did not have
age data for any poll workers. One jurisdiction
noted that it was entirely vote by mail, so it did not
have any poll workers.
Colorado Seven jurisdictions commented that poll worker age New Data not available.
information was unavailable. One jurisdiction Hampshire
commented that it had 31 student judges, but
otherwise, it does not track by age.

New York New York does not capture demographic Vermont One jurisdiction commented that all of its poll workers
information regarding poll workers. appear to be over 40 years old. Another jurisdiction noted
that its figures for QD4 were mostly estimates. A fourth
jurisdiction indicated that the individual who came in to
count was in the 61 to 70 age range category.
South Age data not available for poll workers 18 years of Washington One jurisdiction commented that its figures for D4 do not
Carolina age and older. include permanent staff, only temporary staff hired
specifically to work at an accessible voting center.
South One jurisdiction indicated that it did not have age West Virginia One jurisdiction estimated its age breakdown to be 10%
Dakota data for 12 of its poll workers. for 26–40, 70% for 41–60, and 20% for 61–70. Another
jurisdiction indicated that its responses for D4 are
approximate totals. Two jurisdictions commented that
the majority of its poll workers were between 41 and 60
years of age.
Texas One jurisdiction reported that it does not collect age Wyoming One jurisdiction reported that its oldest worker was 84,
data. Another jurisdiction reported that it included and its youngest worker was 35. Another jurisdiction
age counts for both Election Day and early voting commented that “most will be unable to serve in 2 years.”
election workers. One jurisdiction indicated that it A third jurisdiction reported that it had one student
only had age data available for its student election judge, but it does not track the ages of its other poll
workers; similarly, another jurisdiction commented, workers.
“While no exact figures are readily available, the
bulk of election workers are in the older three
groupings, with a handful of younger adults and six
student clerks.” One jurisdiction reported that most
of its poll workers are over 65 years of age. Two
jurisdictions reported that their D4 figures were
estimates.

EXHIBIT 16
Voting Rights and Election Administration in North

Carolina: Field Hearing Before the Subcomm. on
Elections of the H. Comm. on House Administration
(Apr. 18, 2019)

Injunction

Testimony of Tomas Lopez
Executive Director, Democracy North Carolina
Before the Committee on House Administration, Subcommittee on Elections,

U.S. House of Representatives
Field Hearing on Voting Rights and Election Administration in North Carolina

April 18, 2019
Chair Fudge, Ranking Member Davis, and Members:
Thank you for the opportunity to submit this testimony for your field hearing on voting rights
and election administration in North Carolina, and to share the experiences of this state’s voters, who in
recent years have been subjected to consistent attacks on voting access and deliberate, extreme racial
and partisan gerrymanders. These measures have undermined both the ability for voters to participate in
elections and the effectiveness of participation itself— by design. North Carolina’s experience
underscores the necessity of congressional action to both restore the full protections of the Voting Rights
Act and establish new standards to facilitate meaningful access to the political process.
My name is Tomas Lopez, and I am the executive director of Democracy North Carolina. We are
a nonpartisan, nonprofit organization that works to, among other goals, protect the right to vote in our
state. As part of this work, we seek to bring North Carolinians – especially historically underrepresented
people of color – into the political process and encourage their participation and leadership through
voting, monitoring the election process, and issue advocacy. We also author original research on
election administration, help coordinate a statewide nonpartisan poll monitoring and voter assistance
network, and advocate for policies and practices that we believe will increase voter access and
participation. Prior to this position, I was a voting rights attorney at the Brennan Center for Justice at
NYU School of Law, where I litigated voting rights cases in the federal courts, contributed to research
on election law and administration, and supported election reform efforts in several states.
This submission addresses several issues:

• Repeated efforts to restrict voting access through several means, including strict
photo identification requirements and reductions to early voting;
• The voting experience in North Carolina, especially as to voters subjected to
dysfunction and intimidation;
• The perpetuation of false narratives regarding voter fraud; and
• Extreme racial and partisan gerrymandering.
Many of these issues are the results of a concerted, years-long effort to limit voter participation and
impact for the sake of short-term, perceived political advantage. All damage the vitality of our state and
its democracy by harming the public’s ability to meaningfully take part in the political process.

the case. As written, the law requires universities, colleges, and community colleges to attest under
penalty of perjury as to citizenship verification procedures outside of the scope of their work and within
the scope of existing procedures under state and federal law, and imposes other administrative
challenges that discouraged North Carolina campuses from complying, such as requiring that school
staff take ID photographs themselves and modify their ID documentation.5 From the passage of the
legislation, institutions were given less than three months to determine their ability to comply with these
requirements and submit their attestation letters to state officials. As of this submission, 37 community
colleges, colleges, and universities out of over 100 eligible institutions submitted documentation to the
State Board of Elections in order to have their student ID cards approved for voting use in 2020. Of
those, 11 campuses were denied – 10 constituent universities of the University of North Carolina
system, including the flagship in Chapel Hill, and one HBCU. The General Assembly is currently
considering legislation that would modify these requirements, including by removing the attestation
requirement for institutions; that measure passed the North Carolina House, but faces uncertain
prospects in the Senate.6
We are concerned that, in practice, the ID law will work in much the same way as its
predecessor— by imposing both a formal barrier for eligible voters, and an informal one that deters
them from casting ballots due to confusion, misinformation, misapplication of the law, or intimidation.
Indeed, the introduction of student IDs as another potentially-eligible ID for voting, but one that requires
the institution to receive pre-approval by the State Board of Elections, increases the likely impact of
both of these barriers on young voters in 2020.
Reductions to Early Voting
Restrictions to early voting have been another hallmark voter suppression tactic since 2013,
when H589 cut a week off of North Carolina’s early voting period. North Carolina county boards of
elections (BOEs) hold significant power over voting access in this state through their ability to set
polling locations, determine early voting schedules, and train poll workers on current law. During the
2014 and 2016 election cycles, these county bodies implemented changes to local election procedures
that resulted in reduced access for voters of color:
• In 2014, the Lincoln County Board of Elections passed an early voting plan that reduced voting
hours from 2010, a move that was overridden by the State Board of Elections. As a result, hours
had to be added to the early voting site in Lincolnton, the county seat – something the BOE chair
strongly objected to because “it would have been favorable to the Democratic Party.” Although
only 13% of the county population lives in Lincolnton, it is the home of 31% of the county’s
African American voters.7
• In 2014, over the objections of community members, the Forsyth County Board of Elections
adopted an early voting plan that moved early voting sites outside of the urban center of
Winston-Salem, where the majority of Black voters live, to whiter, more conservative suburbs.
The plan removed an early voting site from Winston Salem State University, a HBCU that had
been an early voting location in 2012, 2010, and 2008, and did not replace it with any other sites
5
N.C.G.S. § 163A-1145.2.
6
House Bill 646 (2019).
7
Sharon McCloskey, “Lincoln County voters fight for hours at early voting sites,” The Progressive Pulse (NC Policy Watch),
Oct. 31, 2014, http://pulse.ncpolicywatch.org/2014/10/31/lincoln-county-voters-fight-for-hours-at-early-voting-sites/.
3

in eastern Winston-Salem, although multiple alternatives were suggested. “Our African
American community has been hurt,” testified a local Democratic party official before the BOE.8
• In 2014 and 2016, the Chavis Heights Community Center precinct in Southeast Raleigh in Wake
County demonstrated the effect that having out-of-precinct voting available as an option and its
correct implementation by precinct officials can have on access for voters of color. In 2014,
when North Carolina did not have out-of-precinct voting in place, our poll monitors counted over
300 voters, mostly African-American, turned away from the poll and sent to other polling
locations. In many cases, voters told monitors they would not be able to get to another polling
place – one person had used their last money on bus fare to Chavis Heights.9 In 2016, when out-
of-precinct voting was permitted following the Fourth Circuit’s ruling, poll monitors reported
that the chief judge at the polling place refused to offer provisional ballots to out-of-precinct
voters. When voters demanded an out-of-precinct provisional, as was their right, precinct
officials discouraged them from casting a ballot, saying, “it won’t count anyway.”10
• In 2016, in an attempt to blunt the impact of the Fourth Circuit’s decision to restore the first
week of early voting, many of the Republican-led county BOEs adopted early voting plans with
fewer hours and sites during the first restored week. There were dramatic reductions in early
voting hours in Guilford (-660), Mecklenburg (-282), Brunswick (-165), Craven (-141), Johnston
(-124), Robeson (-121), and Jackson (-113) counties. Of those, Guilford, Craven, and Robeson
counties were previously covered under Section 5 of the Voting Rights Act, and Mecklenburg
and Johnston have significant Black voting populations, 33% and 16% of all registered voters (as
of October 22, 2016) respectively.
A second troubling development is a June 2018 law, S325, which mandates a 12-hour early
voting schedule during the week and requires those same hours across all sites.11 While uniformity may
present theoretical benefits, the extended 12-hour day required by S325 has in practice increased the
costs of early voting for counties and, in turn, reduced the total availability of early voting, particularly
weekend hours.
North Carolina law requires counties to make early voting available at a minimum of one
location and permits counties to establish additional early voting locations. In past cycles counties,
especially in low-resourced areas, made early voting available at different times across a variety of
locations during the early voting window— for instance, by having some sites open only on the
weekends, or offering Sunday voting at only one or two locations. The 2018 law makes this impossible
by requiring that counties keep any given early voting site open on the same days and same hours as all
others. Additionally, the mandatory 12-hour weekday schedule forces counties to staff sites at hours
when voters do not typically vote, thus reducing the total number of sites counties can afford to staff
without increasing the number of usable voting hours.
This has produced several consequences in practice:12

• 43 counties reduced the number of early voting sites in 2018 compared to 2014.
8
Meghann Evans, “Forsyth elections board approves early voting plan” Winston-Salem Journal, July 22, 2014,
http://www.journalnow.com/news/local/forsyth-elections-board-approves-early-voting-plan/article_7cbf2a6a-11d3-11e4-
b1fa-001a4bcf6878.html.
9
Isela Gutierrez and Bob Hall, Democracy North Carolina, Alarm Bells from Silenced Voters (June 2015),
https://democracync.org/wp-content/uploads/2017/06/SilencedVoters.pdf.
10
Isela Gutierrez, Democracy North Carolina, From the Voter’s View: Lessons from the 2016 Election (January 2018),
https://democracync.org/wp-content/uploads/2018/01/PostElectionReport_DemNC_web.pdf.
11
S.L. 2018-112. As originally written, the statute removed the final Saturday of early voting beginning in 2018; this was
subsequently postponed.
12
Democracy North Carolina has compiled these figures for use in this submission and in future reporting.
4

• 51 counties reduced the number of weekend days offered.
• 67 counties – over two-thirds of North Carolina’s 100 counties – reduced the number of
weekend hours.
• Of the eight counties where a majority of voters are Black, four reduced sites, seven
reduced weekend days, and all eight reduced the number of weekend hours during early
voting. None saw increases in sites or weekend options.
• A ProPublica and WRAL analysis of Early Voting sites elimination found that about 1 in
5 rural voters saw the distance to an Early Voting site increase by more than a mile— and
in some counties, like Halifax, the average distance between voters and Early Voting
sites increased by as much as 6 miles.13
Despite these reductions, North Carolina voters turned out in impressive number in last year’s midterm
election. But high overall turnout does not necessarily mean widespread or equitable access. Indeed, the
three counties where turnout rates (the percentage of registered voters who cast ballots) decreased
compared to 2014 are telling. Two were Jones and Pamlico, which received federal assistance after
Hurricane Florence. The other was Halifax, the site of this field hearing, which had three Early Voting
locations in 2012, 2014, and 2016, but only one in 2018. Halifax also saw the greatest increase in the
average distance from voters to Early Voting Sites due to S325.
Elimination of the Last Saturday of Early Voting
Starting in 2019, S325 also eliminates the popular final Saturday of early voting for all future
elections. It was traditionally the only weekend voting day offered in all 100 counties, and the turnout
numbers bore that out— that day has traditionally been one of the highest turnout days of the entire
voting period, despite the fact that many counties keep sites open for shorter periods that day than during
the work week. We anticipate that this will result in the majority of North Carolina counties having no
weekend Early Voting options, which are crucial for voters who work Monday through Friday. Without
the last Saturday in 2018, 63 counties would have had no weekend option for voters to cast their ballots.
Or, if weekend hours are offered, they will be offered at a minimal number of sites, which would be
especially harmful to rural voters in sprawling counties without public transportation.
And in addition to being hugely popular with voters overall, this last Saturday has been
disproportionately used by Black voters in North Carolina at the statewide level and in a sizable majority
of the state’s 100 counties in the last five election cycles. In 2018, Black voters made up 22% of
registered voters, but 27% of those who cast ballots on the last Saturday of Early Voting.
The Voting Experience in North Carolina
As in many states, election administration challenges affect voting access in North Carolina by
making voting a more complicated and intimidating experience than it needs to be. We have observed
this in action through our voter protection program; during every major election year, we work closely
with partner organizations to recruit, train, and place hundreds of volunteer poll monitors at polling
locations across the state. These poll monitors survey voters departing locations, and assist those who
report problems by connecting them to a hotline locally staffed by volunteer attorneys. In 2018, the
program’s 800 volunteers were present at 279 precincts in 55 counties on Election Day: a total that
amounted to 1 in 10 polling places in the state. We use the information they collect to report on the
voting experience and inform our policy recommendations.
13
Tyler Dukes, “Early voting changes hit NC rural voters hardest. But will it matter in 2018?” WRAL, Nov. 1, 2018,
https://www.wral.com/early-voting-changes-hit-nc-rural-voters-hardest-but-will-it-matter-in-2018-/17959224/.
5

EXHIBIT 17
Bipartisan Furor as North Carolina Election Law

Shrinks Early Voting Locations by Almost 20
Percent (Sept. 24, 2018), written by
Blake Peterson and published by ProPublica

Injunction

NORTH CAROLINA
Bipartisan Furor as North Carolina Election

Law Shrinks Early Voting Locations by
Almost 20 Percent
Nearly half of the state’s counties are shutting down polling places, in
part because of a law passed in June.
by Blake Paterson, Sept. 24, 2018, 5 a.m. EDT
A voter at a polling place in Raleigh, North Carolina, in 2012. County election o icials
across the state say a new law setting polling hours has hamstrung their ability to best
serve voters. (Shawn Rocco/Raleigh News & Observer/MCT via Getty Images)
In June, the North Carolina General Assembly passed legislation

mandating that all early voting sites in the state remain open for uniform
hours on weekdays from 7 a.m. to 7 p.m., a move supporters argued would
reduce confusion and ultimately make early voting easier and more
accessible.
But with the start of early voting only weeks away, county election officials
across the state — who previously had control over setting polling hours in
their jurisdictions — say the new law has hamstrung their ability to best
serve voters. Some officials in rural counties say they’ve had to shrink the
number of early voting locations to accommodate the law’s longer hour
requirements and stay within their budgets.

A ProPublica analysis of polling locations shows that North Carolina’s 2018
midterm election will have nearly 20 percent fewer early voting locations
than there were in 2014. Nearly half of North Carolina’s 100 counties are
shutting down polling places, in part because of the new law. Poorer rural
counties, often strapped for resources to begin with, are having a
particularly difficult time adjusting to the new requirement.
The closure of polling locations increases the time it takes for voters to
travel to the polls, and it could result in lower turnout, making matters
worse for a state already dealing with Hurricane Florence. Early voting in
North Carolina begins on Oct. 17.
We interviewed more than two dozen county election officials across North
Carolina. None said they were in favor of the new law, and none said they
were contacted by state lawmakers for counsel on the legislation. Some
referred to the policy as “overkill,” a waste of resources and an “unfunded
mandate,” particularly burdensome for cash-strapped counties.
“We know our county. We know when most people go to vote early. The 12-
hour, 7-a.m.-to-7-p.m. requirement just ties our hands when coming up
with a catered approach that fits our county best,” said Steve Stone, the
Republican chair of the Robeson County Board of Elections.
Republican state lawmakers, who championed the new law, argue that the
consistency it provides will eliminate uncertainty among voters and
expand early voting by increasing hours and allowing those who work full-
time jobs to vote before or after work.
“The purpose of the uniformity is to make it easier and more convenient

and more accessible for the voter to participate,” said David Lewis, a state
representative who supported the bill. “I think that access to the polls,
access to the ballots in a uniform fashion, is more important than poll
worker or election worker convenience.”
Lewis says the law has led to an increase in the number of aggregate
polling hours across the state. Indeed, polls for early voting will be open
49,696 hours in 2018, a substantial jump from the 25,887 hours offered in
2014, according to a preliminary analysis from the North Carolina State
Board of Elections & Ethics Enforcement.
But according to Robert Stein, a professor of political science at Rice

University, aggregate hours are not nearly as important a factor to voter
access as the number of early voting locations offered by a county.
“There is a lot of good research to suggest that when it comes to having a

positive effect on early voting turnout, the important things are not the
hours of operation but the location of the polling place and the distance
and travel time it takes a voter to get there,” Stein said.

For many counties, the trade-off
for more polling hours is fewer
early voting locations. Take
Gaston County, near Charlotte. In
2014, the county opened one main
Congress Works for
polling place at 8 a.m. and three
additional ones at 10 a.m.
Here’s How to Be a
According to Adam Ragan, the Boss.
county’s nonpartisan director of
elections, there are very few voters
Find your congressional
in the county eager to cast ballots
by address
early in the morning. The county,
therefore, typically maximizes its
Example: 155 Avenue of the Ameri
resources by staggering voting
hours across multiple locations.
or skip this step →
“In elections administration, we
have what we consider ‘non-
What your representatives are doing
usable hours,’” Ragan explained.
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“There are some locations where most to you
people won’t come at 7 a.m. or 8 Which industries and interests are f
a.m. That’s why we’ve always reps
opened our auxiliary sites at 10 What lobbyists are (and aren’t) all
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lawmakers on issues you care
The county originally planned to
open five early voting locations,
but with the new policy it can now
only afford to operate three.
While county election officials

from both parties have expressed near uniform discontent over the new
requirements, state lawmakers were split along partisan lines on the
measure, with support coming exclusively from GOP lawmakers.
“It will put a strain on local boards,” Democratic Rep. Marcia Morey said on
the floor of the North Carolina House of Representatives. “We need local
flexibility, not the strong arm of the state for political purposes to suppress
the vote.”
North Carolina’s Democratic Gov. Roy Cooper originally vetoed the bill,
writing in a statement that “we should be making it easier for people to
vote, not harder,” but GOP state lawmakers have veto-proof majorities in
both chambers of the General Assembly and handily overrode the veto.
In addition to setting uniform polling hours, the original legislation also

eliminated the final Saturday of early voting, a day that historically

attracts a large number of black voters, opening legislators up to further
charges of voter suppression.
Republican lawmakers subsequently backed off on this and restored the

popular voting day. Lewis acknowledged the move was a mistake, though
he said it had been proposed to give counties more time prepare for
Election Day. Still, given the sordid history of voting rights violations in
North Carolina, many Democrats remain skeptical of GOP lawmakers’
dedication to expanding access to early voting.
“I do not see it as an isolated event, but rather a part of a larger voter

suppression effort,” said Al Daniels, a Democratic member of the Bladen
County Board of Elections, of the uniform-hours law. “I see it as anti-voter,
period.”
In 2013, the GOP-led General Assembly passed far-reaching legislation in

the name of combating voter fraud that cut back on early voting,
established a photo ID requirement and did away with pre-registration of
high school students, same-day registration and out-of-precinct voting. A
federal appeals court struck down the law, labeling it an unconstitutional
attempt to “target African Americans with almost surgical precision.”
The 2013 law was passed in the wake of the Supreme Court decision in
Shelby County v. Holder, which weakened a provision of the Voting Rights
Act that had required a handful of jurisdictions — including parts of North
Carolina — to submit voting law changes to the federal government to
determine whether those changes had a discriminatory effect or purpose.
Now, laws like North Carolina’s uniform-voting legislation don’t need to be
given preclearance from the federal government before they can take
effect.
“Given the context of the GOP legislature, it makes you want to raise your
eyebrows that this just wasn’t some neutral requirement to have consistent
voting hours around the state,” said Philip Lehman, the Democratic vice
chair of Durham County’s Board of Elections and a former member of the
state’s General Assembly.
Other arguments in favor of the law have only advanced suspicion of

lawmakers’ motives. State Sen. Ralph Hise, one of a dozen Republican
sponsors of the bill, said in an interview with ProPublica that the law was
meant, in part, to rein in partisan maneuvering on county election boards.
He said that, in previous elections, certain counties would strategically
leave specific early voting sites open for longer to “impact the election.”
When asked to provide an example of such conduct, during the interview
and subsequently, however, Hise did not do so.
The new law came as a surprise to many local election officials who had
already finalized their budgets. Elections in North Carolina, unlike some
other states, are funded entirely at the county level, leaving some

administrators scrambling to figure out how to work within the confines of
their budgets while accommodating the new law.
“I’m a full-fledged Republican and a Republican supporter, and I’m just

disappointed in the General Assembly for not reaching out to election
officials in the state and asking, ‘What do you think would work well for
this early voting law?’” said Stone, the chair of the Robeson County Board
of Elections.
The law appears to have exacerbated the divide between urban and rural
counties, putting a greater strain on poorer, less populous counties, which
often have smaller budgets, fewer full-time employees and an older voting
population that is less willing to volunteer for what could be a 12-hour poll
worker shift.
Take Bladen County. When it approved its operating budget this year,
election officials set aside funds for four early voting sites. Though
sparsely populated, Bladen County is large — the state’s fourth biggest by
area — and local election administrators wanted to provide ample access
to voters across the region.
Their plan had precedent. In every statewide election over the past decade,
Bladen voters could cast their ballots at one of four early voting locations
spread out across the county. Now, with the strict hours requirement,
Bladen County can only afford to staff and operate one early voting site.
“We’re a small county and the law has affected us pretty badly,” said Bobby
Ludlum, the GOP chair of Bladen County’s Board of Elections.
Wealthier, more populous counties appear to be doing better at weathering

the changes. Still, election officials acknowledged that the law may
adversely affect their rural counterparts.
“One size does not necessarily fit all,” said Michael Dickerson, the
nonpartisan director of elections in Mecklenburg County, North Carolina’s
most populous. “I’m very fortunate in this county. I’ve got over a million
people living here, so we can find poll workers.”
The legislation has contributed to an already chaotic and uncertain year

for election administrators in North Carolina. In addition to the difficulties
they will encounter getting elections up and running in a state dealing
with a major natural disaster, election officials are still scrambling to deal
with man-made crises. A federal court in late August ruled that the state’s
congressional maps were unconstitutionally gerrymandered and ordered
they be redrawn immediately, sparking widespread confusion among
election officials on whether the general election would move forward as
planned. The court later clarified that the current maps should be used for
the coming election.

A separate series of court battles over ballot language delayed the
preparation and printing of election ballots, and the reduced timeline has
left little flexibility in case ballots need to be reprinted. Adding to all of
this, federal prosecutors in early September issued subpoenas to 44 county
election boards asking that millions of voter records be handed over to
immigration authorities by the end of the month.
While North Carolina has a handful of consequential congressional races

in this fall’s election — the Cook Political Report rates four as competitive
— most officials who spoke to ProPublica worry about how the early-voting
changes and other laws might affect 2020, when the swing state will vote
for president, governor and senator.
“It seems that every time we have an election, the rules are different,” said
Jake Quinn, a Democratic member of the Buncombe County Board of
Elections.
“We’re looking at different district boundaries, or we have to have voter

IDs, or you can’t vote out of precinct, or the hours have to be changed. This
is a problem. When you change the rules for voting every single election,
some people are going to get discouraged by that,” he said. “All of this is
very destabilizing.”
Filed under: Politics
Blake Paterson
Blake Paterson is the reporting fellow for ProPublica’s Electionland project.
[email protected] @blakepater

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EXHIBIT 11

An Act to Provide Aid to North Carolinians in

Exhibit to Declaration of Allison J. Riggs in support of Plaintiffs Motion for a Preliminary

Case 1:20-cv-00457-WO-JLW Document 12-8 Filed 06/05/20 Page 1 of 39

SESSION LAW 2020-3

AN ACT TO PROVIDE AID TO NORTH CAROLINIANS IN RESPONSE TO THE

The General Assembly of North Carolina enacts:

PART I. ECONOMIC SUPPORT

WAIVE ACCRUAL OF INTEREST ON DEFERRED PAYMENT OF CORPORATE

FLEXIBILITY TO ADMINISTER UNEMPLOYMENT COMPENSATION AND SUTA

INCREASED ACCESS TO TELEHEALTH UNDER THE MEDICARE PROGRAM

PART IV. CONTINUITY OF STATE GOVERNMENT/REGULATORY RELIEF

EMERGENCY VIDEO NOTARIZATION

Senate Bill 704 Session Law 2020-3 Page 31

Page 32 Session Law 2020-3 Senate Bill 704

Senate Bill 704 Session Law 2020-3 Page 33

EMERGENCY VIDEO WITNESSING

Page 34 Session Law 2020-3 Senate Bill 704

North Carolina Absentee Application and

Exhibit to Declaration of Allison J. Riggs in support of Plaintiffs Motion for a Preliminary

Case 1:20-cv-00457-WO-JLW Document 12-8 Filed 06/05/20 Page 7 of 39

Voter’s Certification (Required) Witnesses’ Certification

Name Correction (if applicable) Option 2: Notary Public as Witness

Federal Write-in Absentee Ballot, made available by

Exhibit to Declaration of Allison J. Riggs in support of Plaintiffs Motion for a Preliminary

Case 1:20-cv-00457-WO-JLW Document 12-8 Filed 06/05/20 Page 9 of 39

If you already registered and requested a ballot, send in the Voter

Please be aware that some states will accept this form as

You can vote wherever you are. This is how.

2. Carefully fill out and seal your Official Backup Ballot.

3. Assemble your documents for mailing.

Case 1:20-cv-00457-WO-JLW Document 12-8 Filed 06/05/20 Page 10 of 39

1. Who are you? Pick one.

2. What is your U.S. voting residence address?

Street address Apt #

6. What additional information must you provide?

7. You must read and sign this statement.

Sign here X Today’s date

Case 1:20-cv-00457-WO-JLW Document 12-8 Filed 06/05/20 Page 11 of 39

• This ballot can be used to vote for federal offices.

President and Vice President

Ballot initiatives or other items

Standard Form 186 (Rev.04-2019), OMB No. 0704-0502

Case 1:20-cv-00457-WO-JLW Document 12-8 Filed 06/05/20 Page 12 of 39

Case 1:20-cv-00457-WO-JLW Document 12-8 Filed 06/05/20 Page 13 of 39

Fold and seal

For election officials:

If you have questions about it, contact your State officials.

Case 1:20-cv-00457-WO-JLW Document 12-8 Filed 06/05/20 Page 14 of 39

International airmail postage is required if not mailed using the

I have enclosed my ballot for the __ /____ election.

OFFICIAL ABSENTEE BALLOTING MATERIAL – FIRST CLASS MAIL

NO POSTAGE NECESSARY IN THE U.S. MAIL – DMM 703.8.0

Case 1:20-cv-00457-WO-JLW Document 12-8 Filed 06/05/20 Page 15 of 39

Recommendations for Election Polling Locations,

Exhibit to Declaration of Allison J. Riggs in support of Plaintiffs Motion for a Preliminary

Case 1:20-cv-00457-WO-JLW Document 12-8 Filed 06/05/20 Page 16 of 39

Recommendations for Election Polling Locations

Updated March 27, 2020

I have enclosed my ballot for the /__ election.