(a) Residence Period for State Elections. - Every person born in the United States, and every person who has been naturalized, and who shall have resided in the State of North Carolina and in the precinct in which the person offers to vote for 30 days next preceding an election, shall, if otherwise qualified as prescribed in this Chapter, be qualified to vote in the precinct in which the person resides. Removal from one precinct to another in this State shall not operate to deprive any person of the right to vote in the precinct from which the person has removed until 30 days after the person's removal.
Except as provided in this Chapter, the following classes of persons shall not be allowed to vote in this State:
(1) Persons under 18 years of age.
(2) Any person adjudged guilty of a felony against this State or the United States, or adjudged guilty of a felony in another state that also would be a felony if it had been committed in this State, unless that person shall be first restored to the rights of citizenship in the manner prescribed by law.
(b) Precincts. - For purposes of qualification to vote in an election, a person's residence in a precinct shall be determined in accordance with G.S. 163-57. Qualification to vote in referenda shall be treated the same as qualification for elections to fill offices.
(c) Elections. - For purposes of the 30-day residence requirement to vote in an election in subsection (a) of this section, the term "election" means the day of the primary, second primary, general election, special election, or referendum. (19th amendt. U.S. Const.; amendt. State Const., 1920; 1901, c. 89, ss. 14, 15; Rev., ss. 4315, 4316; C.S., ss. 5936, 5937; Ex. Sess. 1920, c. 18, s. 1; 1933, c. 165, s. 4; 1945, c. 758, s. 7; 1955, c. 871, s. 2; 1967, c. 775, s. 1; 1971, c. 1231, s. 1; 1973, c. 793, s. 18; 2005-2, s. 2; 2008-150, s. 5(a); 2009-541, s. 5; 2013-381, s. 49.1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
Notes of Decisions
North Carolina State Conf. of NAACP v. McCrory, 182 F. Supp. 3d 320 (M.D.N.C. 2016).
· cites it 19× “2d 638, 642-44 (2005) (“The plain meaning of [ N.C. Gen. Stat. § 163-55 (2003)] 10 is that voters must cast ballots on election day in their precincts of residence.”
Roper v. Simmons, 543 U.S. 551 (2005).
· cites it 2× “§ 5-102 (West 1998) North 18 N. C. Gen. Stat. Ann. § 163-55 (Lexis 2003) Carolina North Dakota 18 N.”
League of Women Voters of North Carolina v. North Carolina, 769 F.3d 224 (4th Cir. 2014).
· cites it 2× “Law 2, § 2 (codified at N.C. Gen. Stat. § 163-55 (a) (2006)). The law provided that “[t]he county board of elections shall count [out-of-precinct provisional ballots] for all ballot items on which it determines that the individual was eligible 16 under State or federal law to…”
North Carolina State Conf. of the NAACP v. McCrory, 997 F. Supp. 2d 322 (M.D.N.C. 2014).
· cites it 7× “2d 638, 642 (2005) (“The plain meaning of [ N.C. Gen. Stat. § 163-55 (2003) ] is that voters must cast ballots on election day in their precincts of residence.”
Thompson v. Oklahoma, 487 U.S. 815 (1988).
· cites it 2× “N. C. Gen. Stat. § 163-55 (1987) N. D. N.”
State Ex Rel. Attorney-Gen. Ex Rel. Owens v. Chaplin, 47 S.E.2d 12 (N.C. 1948).
· cites it 2× “They applied to him in person in the mode prescribed by G. S., 163-55, for absentee ballots to be voted by them in their respective precincts in Tyrrell County in the general election on 5 November, 1946.”
Fincher v. Scott, 352 F. Supp. 117 (M.D.N.C. 1972).
· cites it 2× “N.C.Gen.Stat. § 163-55(3) provides: The following classes of persons shall not be allowed to register or vote in this State: (3) Persons who have been convicted, or who have confessed their guilt in open court, upon indictment, of any crime the punishment for which now or may…”
Glover v. State of North Carolina, 301 F. Supp. 364 (E.D.N.C. 1969).
· cites it 2× “§ 9-3, or vote, N.C.Gen. Stat. § 163-55(3). Also, being convicted of a felony may disqualify a person from engaging in certain businesses and professions.”
Andrews v. Cody, 327 F. Supp. 793 (M.D.N.C. 1971).
· cites it 8× “The plaintiffs met all of the established qualifications for voters in the election except the requirement of the North Carolina Constitution, Article VI, Section 2, and North Carolina General Statute § 163-55 that they “shall have resided in the State of North Carolina for one…”
James v. Bartlett, 607 S.E.2d 638 (2005).
· cites it 3× “*267 N.C.G.S. § 163-55 (2003) (emphasis added).”
Davis v. Bennett, 154 So. 3d 114 (Ala. 2014).
“Furthermore, N.C.G.S. § 163-55 refers three separate times to ‘the precinct’ and one additional time to ‘one precinct.”
— N.C. Gen. Stat. § 163-55(2) — 1 case
— N.C. Gen. Stat. § 163-55(3) — 2 cases
Fincher v. Scott, 352 F. Supp. 117 (M.D.N.C. 1972).
“N.C.Gen.Stat. § 163-55(3) provides: The following classes of persons shall not be allowed to register or vote in this State: (3) Persons who have been convicted, or who have confessed their guilt in open court, upon indictment, of any crime the punishment for which now or may…”
Glover v. State of North Carolina, 301 F. Supp. 364 (E.D.N.C. 1969).
“§ 9-3, or vote, N.C.Gen. Stat. § 163-55(3). Also, being convicted of a felony may disqualify a person from engaging in certain businesses and professions.”
— N.C. Gen. Stat. § 163-55(a) — 3 cases
League of Women Voters of North Carolina v. North Carolina, 769 F.3d 224 (4th Cir. 2014).
“Law 2, § 2 (codified at N.C. Gen. Stat. § 163-55 (a) (2006)). The law provided that “[t]he county board of elections shall count [out-of-precinct provisional ballots] for all ballot items on which it determines that the individual was eligible 16 under State or federal law to…”
North Carolina State Conf. of the NAACP v. McCrory, 997 F. Supp. 2d 322 (M.D.N.C. 2014).
“2d 638, 642 (2005) (“The plain meaning of [ N.C. Gen. Stat. § 163-55 (2003) ] is that voters must cast ballots on election day in their precincts of residence.”
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