08 NCAC 12 .0108. ABSENTEE VOTING BY FACSIMILE (FAX) TRANSMISSION

(a)  An application for an absentee ballot shall indicate that the absentee ballot returned by facsimile (fax) transmission will be accepted if received by the board no later than 5:00 p.m. the day before an election. The application shall also indicate that the original ballot must be mailed or placed in delivery.  The application must include the voter's name, North Carolina residence address, ballot mailing address or telephone number of the facsimile machine to which the ballot is to be sent, date of birth and signature.

(b)  An application for an absentee ballot received by facsimile (fax) transmission shall indicate that the absentee ballot returned by mail will be accepted by the board subject to the provisions of G.S. 163, Article 21.

(c)  An application for an absentee ballot received by facsimile (fax) transmission will be treated in the same manner as an application for an absentee ballot received by mail, except that a notation will be made on the absentee ballot application log when an application is received by facsimile (fax) transmission.

(d)  If an absentee ballot is sent to a voter by facsimile (fax) transmission, the ballot will include:

(1)           a transmittal form that fulfills all transmission information requirements;

(2)           instructions to the voter with procedures for returning the completed ballot by facsimile (fax) transmission or by mail, including a telephone number for the State Board of Elections dedicated fax line to which all ballots returned by facsimile (fax) transmission are to be transmitted, and the address of the appropriate office to which the ballot must be mailed; and

(3)           the statements required with places for the voter and witnesses to sign.

(e)  The instructions sent to the voter will include a description of the procedures that a voter returning the ballot must follow. The instructions will also inform the voter that if the voter follows these instructions, the ballot will be counted, unless it is sent in violation of G.S. 163, Articles 20 or 21 or is otherwise ineligible. The instructions will also inform the voter that the voter assumes the risk that faulty facsimile (fax) transmission may occur.

 

History Note:        Authority G.S. 163-22; 163-257;

Temporary Adoption Eff. April 15, 2002;

Eff. August 1, 2004.