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The NC General Assembly Readies to Give Life to the New Photo-Voter ID Amendment
(c) Provisional Ballot Required Without Photo Identification. - If the registered voter cannot produce the identification as required in subsection (a) of this section, the voter may cast a provisional ballot that is counted only if the voter brings a valid and current photo identification to the county board of elections no later than the end of business on the business day prior to the canvass by the county board of elections as provided in G.S. 163A-1172.
(d) Exceptions. - The following exceptions are provided for a voter who does not produce a valid and current photograph identification as required above:
(1) Religious Objection. - If a voter does not produce a valid and current photograph identification due to a religious objection to being photographed, the voter may complete an affidavit under penalty of perjury at the voting place and affirm that the voter: (i) is the same individual who personally appears at the voting place; (ii) will cast the provisional ballot while voting in person; and (iii) has a religious objection to being photographed. Upon completion of the affidavit, the voter may cast a provisional ballot.
(2) Reasonable Impediment. - If a voter does not produce a valid and current photograph identification because the voter suffers from a reasonable impediment that prevents the voter from obtaining photograph identification, the voter may complete an affidavit under the penalty of perjury at the polling place and affirm that the voter: (i) is the same individual who personally appears at the polling place; (ii) will cast the provisional ballot while voting in person; and (iii) suffers from a reasonable impediment that prevents the voter from obtaining photograph identification. The voter also shall list the impediment, unless otherwise prohibited by state or federal law. Upon completion of the affidavit, the voter may cast a provisional ballot.
(e) County Board Review of Exceptions. - If the county board of elections determines that the voter voted a provisional ballot only due to the inability to provide proof of identification and the required affidavit required in subsection (d) of this section is submitted, the county board of elections shall find that the provisional ballot is valid unless the county board has grounds to believe the affidavit is false.
(f) Purpose. The purpose of the identification required is to confirm the person presenting to vote is the voter on the voter registration records. Any address listed on the identification is not determinative of a voter's residence for the purpose of voting.
The draft bill (v. 09) can be accessed here.
A group - THE group - which has done most to uncover instances of verified voter fraud, as well as to investigate and identify schemes and potential for voter fraud and election fraud, the NC Voter Integrity Project, led by founder Jay Delancy, has been following the plight for a North Carolina Voter ID law for a long time now. Regarding the draft bill, Jay says while it isn't perfect and isn't a perfect fix to prevent voter fraud, there are many great things in the bill which conservatives should be happy about. In his review of the bill, Jay wrote:
First, NC's upcoming voter ID law will easily survive federal judicial review.
Second, the highly partisan NC Justice system will fail at derailing this law on constitutional grounds, now that voters approved the voter ID amendment to the state constitution.
Third, our version of the law is still being drafted and debated; and with only take a small amount of tweaking North Carolina's voter ID law can show other states how they can tighten up their laws in such a way that cuts out voter impersonation fraud "with surgical precision," while not harming law-abiding voters. ["The Voter Integrity Project (VIP) Issues Response to Draft NC Voter ID Bill (v 0.9)," https://voterintegrityproject.com/draft-voter-id/?fbclid=IwAR1SAo_s5tVW-QV5oEFO9Frf5AAXU6FhgZz7Z4N3pSRWCitLXXVyxfhtKGM ]
The NC Voter Integrity Project has a few criticisms and suggestions for the legislative committee charged with passing an appropriate voter-photo ID law. It suggests 6 additions to the draft bill: (the additions are, for the most part, copied and pasted directly from Jay's post above, "VIP Issues Response to Draft NC Voter ID Bill")
(1) Safeguards Against Abuse (Require Non-ID Voters' Fingerprint !!!):
Explanation: According to the Voter Integrity Project, the law should require a biometric from any voter who refuses to produce a valid ID card. The Federal Grand Jury Report of the massive vote fraud conspiracy trials of 1982 recommended fingerprints. And the VIP agrees! Accordingly, it strongly recommends that the current law (draft bill, v. 09) should be edited as such: (added language is highlighted and underlined)
163A-1145.1. (d) Exceptions. - The following exceptions are provided for a voter who does not produce a valid and current photograph identification as required in subsection (a): (1) Religious Objection. - If a voter does not produce a valid and current photograph identification due to a religious objection to being photographed, the voter may complete an affidavit under penalty of perjury at the voting place, provide, either by ink or by electronic scan, a print of the right forefinger, and affirm that the voter: (i) is the same individual who personally appears at the voting place; (ii) will cast the provisional ballot while voting in person; and (iii) has a religious objection to being photographed. Upon completion of the affidavit, the voter may cast a provisional ballot. (2) Reasonable Impediment. - If a voter does not produce a valid and current photograph identification because the voter suffers from a reasonable impediment that prevents the voter from obtaining photograph identification, the voter may complete an affidavit under the penalty of perjury at the polling place, provide, either by ink or by electronic scan, a print of the right forefinger, and affirm that the voter: (i) is the same individual who personally appears at the polling place; (ii) will cast the provisional ballot while voting in person; and (iii) suffers from a reasonable impediment that prevents the voter from obtaining photograph identification. The voter also shall list the impediment, unless otherwise prohibited by state or federal law. Upon completion of the affidavit, the voter may cast a provisional ballot.
Rationale: The rationale for this additional requirement is twofold: (1) Again, the Federal Grand Jury Report which investigated and addressed massive voter fraud in 1982 strongly recommended fingerprints, and (2) Think about this - How would you feel about your candidate losing by 100 votes and later learning that 1,000 voters managed to vote without producing a photo ID? A simple fingerprint would discourage any voter attempting to "game" the system to steal extra votes without disenfranchising the unicorns who truly lacked the proper ID.
(2) Issue Only Temporary Board of Election (BOE) Voter ID Cards
Explanation: The state already assists any voter who is unable to obtain a fully legal state-issued ID card, and according to the Voter Integrity Project, these bogus "voter ID cards" should only be viewed as a stop-gap measure that also identifies people who need the help. (Added language is highlighted and underlined)
163A-869.1. (a) The county board of elections shall, in accordance with this section, issue without charge temporary voter photo identification cards upon request to registered voters who sign an affidavit, testifying to their inability to obtain an identification card issued by the Division of Motor Vehicles. Receipt of this card and the image of each recipient shall be public information that shall be retained in the voter registration file. The voter photo identification cards shall contain a photograph of the voter, a scanned print of the right forefinger, and the registration number for that voter. The voter photo identification card shall be used for voting purposes only, and shall expire at the end of the calendar year in which it was issued. (DELETE "eight years from the date of issuance").
Rationale: The Voter Integrity Project explains the reality of the situation with regard to the inability of people to get photo ID cards. "Very few people actually lack the other types of ID required under law. State Board of Elections Director Kim Strach testified that the original 254,391 voters listed without a DVM record translated to less than 2,000 actual persons who needed help getting an ID. And out of those, 620 were never found. Strach concluded that those 620 likely "either died or moved away," which essentially means that the BOE has no clue. Another likely possibility is that they never even existed in the first place. These "free" ID cards are not needed by 99.9% of the population since they can ONLY be used for voting. Think about that for a second. They're not reliable enough for conducting any other type of lawful transaction. Why is that? Because no birth certificates are required to obtain one. (Note, it was unelected Federal Judges who are responsible for this provision in the law). It will, literally, take an act of Congress to unscrew this fraud-friendly clause in every state's voter ID law."
(3) End Curbside Voter ID Exception
Explanation: This is a loophole around the intent of the law and it needs to go. NC Senator Jerry Tillman introduced a bill to kill it in the 2015 session, but court pressure forced leadership to table it. NC Senator Jerry Tillman introduced a bill to kill it in the 2015 session, but court pressure forced leadership to table it. (Added language is highlighted and underlined)
SECTION 1.5(b) The State Board is directed to create a list containing all registered voters of North Carolina who are otherwise qualified to vote but do not have a North Carolina drivers license or other form of identification containing a photograph issued by the Division of Motor Vehicles of the Department of Transportation, as of April (DELETE "September") 1, 2019. Every month thereafter, an updated and current version of the list must be made available at no cost to the public. (DELETE "to any registered voter upon request. The State Board may charge a reasonable fee for the provision of the list in order to recover associated costs of producing the list"). The Division of Motor Vehicles must provide the list of persons with a North Carolina drivers license or other form of identification containing a photograph issued by the Division of Motor Vehicles at no cost to the State Board.
(4) Double Verification of Voters' Identity at Polls
Explanation: Under current law, a single poll worker can collude with a voter impersonator who presents an ID. Whether the voter is actually the stated person is in the hands of one poll worker, who may or may not be a partisan activist. With 2,700 precincts in NC, the Voter Integrity Project believes the best solution to address that potential for voter fraud is two-person (two-party) verification. (Added language is highlighted and underlined)
163A-1145.1. (b) Verification of Photo Identification. - After presentation of the required identification described in subsection (a) of this section, the precinct officials assigned to check registration and to issue ballots shall compare the photograph contained on the required identification with the person presenting to vote. The two precinct officials, not of the same political party, shall verify that the photograph is that of the person seeking to vote. If (DELETE: "the") any precinct official disputes that the photograph contained on the required identification is the person presenting to vote, a challenge shall be conducted in accordance with the procedures of G.S. 163A-914.
Rationale: Current law only requires one person to verify the voter's face matches their ID card, while denial currently requires triple verification. Any photo-voter ID law is greatly weakened if only one person is allowed to confirm a voter's identity at the polls. This critical step should be a bipartisan, two-person process: once at check-in and once at the ballot station. In 2016, the Voter Integrity Project already proved that some election workers were illegally disenfranchising certain voters in the 2016 primaries, so two-person acceptance is just as important as three-person denial of voters. (For a report on an eyewitness account of the fraud, go to - https://voterintegrityproject.com/wake-boe-dis-three/ )
(5) Repeal the Student ID Exception
Explanation: The Voter Integrity Project has had concerns regarding student ID's for some time now, believing it is a source for potential voter fraud. High school students must present valid ID in order to take the SAT and ACT for college applications. Students entering college even need a valid ID in order to be issued a college One Card or college ID. (Source: https://onecard.unc.edu/services/get-a-unc-one-card/ ). Allowing college ID cards to serve as a voter ID card is simply redundant. If they were required to show a valid ID to get the college ID card in the first place, then it makes sense to require college students to show that same valid ID when they vote. Allowing a separate card, a college ID (again, it being a redundant requirement) simply invites rampant fraud or abuse in a multitude of ways.
63A-1145.1. (a) (1) (DELETE Subsection (g): "g. A student identification card issued by a constituent institution of the University of North Carolina in accordance with a process approved by the State Board that requires an application and proof of identity equivalent to the requirements for issuance of a special identification card by the Division of Motor Vehicles of the Department of Transportation").
Rationale: The Voter Integrity Project strongly opposes student ID cards, and one reason is that colleges and universities regularly issue student ID cards to people who are not US citizens. It is no secret that Democrat activists and party reps spend time on college campuses (and we have also learned that they go to high schools as well) where they give students incorrect information such as "as long as you live here, you can vote here." According to one first-hand account, a student told the person attempting to register voters for the Democratic Party that he was illegal and was under the impression he was not allowed to vote. The response was: "That's wrong. You live here, right? Then you can vote." Just so everyone knows - it is a felony for non-citizens to vote, and in fact, their voting may permanently jeopardize their path to citizenship. As Jay says: "We do not need to make life harder for non-US citizens who are trying to follow the rules."
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(d) Exceptions. - The following exceptions are provided for a voter who does not produce a valid and current photograph identification as required above:
(1) Religious Objection. - If a voter does not produce a valid and current photograph identification due to a religious objection to being photographed, the voter may complete an affidavit under penalty of perjury at the voting place and affirm that the voter: (i) is the same individual who personally appears at the voting place; (ii) will cast the provisional ballot while voting in person; and (iii) has a religious objection to being photographed. Upon completion of the affidavit, the voter may cast a provisional ballot.
(2) Reasonable Impediment. - If a voter does not produce a valid and current photograph identification because the voter suffers from a reasonable impediment that prevents the voter from obtaining photograph identification, the voter may complete an affidavit under the penalty of perjury at the polling place and affirm that the voter: (i) is the same individual who personally appears at the polling place; (ii) will cast the provisional ballot while voting in person; and (iii) suffers from a reasonable impediment that prevents the voter from obtaining photograph identification. The voter also shall list the impediment, unless otherwise prohibited by state or federal law. Upon completion of the affidavit, the voter may cast a provisional ballot.
(e) County Board Review of Exceptions. - If the county board of elections determines that the voter voted a provisional ballot only due to the inability to provide proof of identification and the required affidavit required in subsection (d) of this section is submitted, the county board of elections shall find that the provisional ballot is valid unless the county board has grounds to believe the affidavit is false.
(f) Purpose. The purpose of the identification required is to confirm the person presenting to vote is the voter on the voter registration records. Any address listed on the identification is not determinative of a voter's residence for the purpose of voting.
The draft bill (v. 09) can be accessed here.
A group - THE group - which has done most to uncover instances of verified voter fraud, as well as to investigate and identify schemes and potential for voter fraud and election fraud, the NC Voter Integrity Project, led by founder Jay Delancy, has been following the plight for a North Carolina Voter ID law for a long time now. Regarding the draft bill, Jay says while it isn't perfect and isn't a perfect fix to prevent voter fraud, there are many great things in the bill which conservatives should be happy about. In his review of the bill, Jay wrote:
First, NC's upcoming voter ID law will easily survive federal judicial review.
Second, the highly partisan NC Justice system will fail at derailing this law on constitutional grounds, now that voters approved the voter ID amendment to the state constitution.
Third, our version of the law is still being drafted and debated; and with only take a small amount of tweaking North Carolina's voter ID law can show other states how they can tighten up their laws in such a way that cuts out voter impersonation fraud "with surgical precision," while not harming law-abiding voters. ["The Voter Integrity Project (VIP) Issues Response to Draft NC Voter ID Bill (v 0.9)," https://voterintegrityproject.com/draft-voter-id/?fbclid=IwAR1SAo_s5tVW-QV5oEFO9Frf5AAXU6FhgZz7Z4N3pSRWCitLXXVyxfhtKGM ]
The NC Voter Integrity Project has a few criticisms and suggestions for the legislative committee charged with passing an appropriate voter-photo ID law. It suggests 6 additions to the draft bill: (the additions are, for the most part, copied and pasted directly from Jay's post above, "VIP Issues Response to Draft NC Voter ID Bill")
(1) Safeguards Against Abuse (Require Non-ID Voters' Fingerprint !!!):
Explanation: According to the Voter Integrity Project, the law should require a biometric from any voter who refuses to produce a valid ID card. The Federal Grand Jury Report of the massive vote fraud conspiracy trials of 1982 recommended fingerprints. And the VIP agrees! Accordingly, it strongly recommends that the current law (draft bill, v. 09) should be edited as such: (added language is highlighted and underlined)
163A-1145.1. (d) Exceptions. - The following exceptions are provided for a voter who does not produce a valid and current photograph identification as required in subsection (a): (1) Religious Objection. - If a voter does not produce a valid and current photograph identification due to a religious objection to being photographed, the voter may complete an affidavit under penalty of perjury at the voting place, provide, either by ink or by electronic scan, a print of the right forefinger, and affirm that the voter: (i) is the same individual who personally appears at the voting place; (ii) will cast the provisional ballot while voting in person; and (iii) has a religious objection to being photographed. Upon completion of the affidavit, the voter may cast a provisional ballot. (2) Reasonable Impediment. - If a voter does not produce a valid and current photograph identification because the voter suffers from a reasonable impediment that prevents the voter from obtaining photograph identification, the voter may complete an affidavit under the penalty of perjury at the polling place, provide, either by ink or by electronic scan, a print of the right forefinger, and affirm that the voter: (i) is the same individual who personally appears at the polling place; (ii) will cast the provisional ballot while voting in person; and (iii) suffers from a reasonable impediment that prevents the voter from obtaining photograph identification. The voter also shall list the impediment, unless otherwise prohibited by state or federal law. Upon completion of the affidavit, the voter may cast a provisional ballot.
Rationale: The rationale for this additional requirement is twofold: (1) Again, the Federal Grand Jury Report which investigated and addressed massive voter fraud in 1982 strongly recommended fingerprints, and (2) Think about this - How would you feel about your candidate losing by 100 votes and later learning that 1,000 voters managed to vote without producing a photo ID? A simple fingerprint would discourage any voter attempting to "game" the system to steal extra votes without disenfranchising the unicorns who truly lacked the proper ID.
(2) Issue Only Temporary Board of Election (BOE) Voter ID Cards
Explanation: The state already assists any voter who is unable to obtain a fully legal state-issued ID card, and according to the Voter Integrity Project, these bogus "voter ID cards" should only be viewed as a stop-gap measure that also identifies people who need the help. (Added language is highlighted and underlined)
163A-869.1. (a) The county board of elections shall, in accordance with this section, issue without charge temporary voter photo identification cards upon request to registered voters who sign an affidavit, testifying to their inability to obtain an identification card issued by the Division of Motor Vehicles. Receipt of this card and the image of each recipient shall be public information that shall be retained in the voter registration file. The voter photo identification cards shall contain a photograph of the voter, a scanned print of the right forefinger, and the registration number for that voter. The voter photo identification card shall be used for voting purposes only, and shall expire at the end of the calendar year in which it was issued. (DELETE "eight years from the date of issuance").
Rationale: The Voter Integrity Project explains the reality of the situation with regard to the inability of people to get photo ID cards. "Very few people actually lack the other types of ID required under law. State Board of Elections Director Kim Strach testified that the original 254,391 voters listed without a DVM record translated to less than 2,000 actual persons who needed help getting an ID. And out of those, 620 were never found. Strach concluded that those 620 likely "either died or moved away," which essentially means that the BOE has no clue. Another likely possibility is that they never even existed in the first place. These "free" ID cards are not needed by 99.9% of the population since they can ONLY be used for voting. Think about that for a second. They're not reliable enough for conducting any other type of lawful transaction. Why is that? Because no birth certificates are required to obtain one. (Note, it was unelected Federal Judges who are responsible for this provision in the law). It will, literally, take an act of Congress to unscrew this fraud-friendly clause in every state's voter ID law."
(3) End Curbside Voter ID Exception
Explanation: This is a loophole around the intent of the law and it needs to go. NC Senator Jerry Tillman introduced a bill to kill it in the 2015 session, but court pressure forced leadership to table it. NC Senator Jerry Tillman introduced a bill to kill it in the 2015 session, but court pressure forced leadership to table it. (Added language is highlighted and underlined)
SECTION 1.5(b) The State Board is directed to create a list containing all registered voters of North Carolina who are otherwise qualified to vote but do not have a North Carolina drivers license or other form of identification containing a photograph issued by the Division of Motor Vehicles of the Department of Transportation, as of April (DELETE "September") 1, 2019. Every month thereafter, an updated and current version of the list must be made available at no cost to the public. (DELETE "to any registered voter upon request. The State Board may charge a reasonable fee for the provision of the list in order to recover associated costs of producing the list"). The Division of Motor Vehicles must provide the list of persons with a North Carolina drivers license or other form of identification containing a photograph issued by the Division of Motor Vehicles at no cost to the State Board.
(4) Double Verification of Voters' Identity at Polls
Explanation: Under current law, a single poll worker can collude with a voter impersonator who presents an ID. Whether the voter is actually the stated person is in the hands of one poll worker, who may or may not be a partisan activist. With 2,700 precincts in NC, the Voter Integrity Project believes the best solution to address that potential for voter fraud is two-person (two-party) verification. (Added language is highlighted and underlined)
163A-1145.1. (b) Verification of Photo Identification. - After presentation of the required identification described in subsection (a) of this section, the precinct officials assigned to check registration and to issue ballots shall compare the photograph contained on the required identification with the person presenting to vote. The two precinct officials, not of the same political party, shall verify that the photograph is that of the person seeking to vote. If (DELETE: "the") any precinct official disputes that the photograph contained on the required identification is the person presenting to vote, a challenge shall be conducted in accordance with the procedures of G.S. 163A-914.
Rationale: Current law only requires one person to verify the voter's face matches their ID card, while denial currently requires triple verification. Any photo-voter ID law is greatly weakened if only one person is allowed to confirm a voter's identity at the polls. This critical step should be a bipartisan, two-person process: once at check-in and once at the ballot station. In 2016, the Voter Integrity Project already proved that some election workers were illegally disenfranchising certain voters in the 2016 primaries, so two-person acceptance is just as important as three-person denial of voters. (For a report on an eyewitness account of the fraud, go to - https://voterintegrityproject.com/wake-boe-dis-three/ )
(5) Repeal the Student ID Exception
Explanation: The Voter Integrity Project has had concerns regarding student ID's for some time now, believing it is a source for potential voter fraud. High school students must present valid ID in order to take the SAT and ACT for college applications. Students entering college even need a valid ID in order to be issued a college One Card or college ID. (Source: https://onecard.unc.edu/services/get-a-unc-one-card/ ). Allowing college ID cards to serve as a voter ID card is simply redundant. If they were required to show a valid ID to get the college ID card in the first place, then it makes sense to require college students to show that same valid ID when they vote. Allowing a separate card, a college ID (again, it being a redundant requirement) simply invites rampant fraud or abuse in a multitude of ways.
63A-1145.1. (a) (1) (DELETE Subsection (g): "g. A student identification card issued by a constituent institution of the University of North Carolina in accordance with a process approved by the State Board that requires an application and proof of identity equivalent to the requirements for issuance of a special identification card by the Division of Motor Vehicles of the Department of Transportation").
Rationale: The Voter Integrity Project strongly opposes student ID cards, and one reason is that colleges and universities regularly issue student ID cards to people who are not US citizens. It is no secret that Democrat activists and party reps spend time on college campuses (and we have also learned that they go to high schools as well) where they give students incorrect information such as "as long as you live here, you can vote here." According to one first-hand account, a student told the person attempting to register voters for the Democratic Party that he was illegal and was under the impression he was not allowed to vote. The response was: "That's wrong. You live here, right? Then you can vote." Just so everyone knows - it is a felony for non-citizens to vote, and in fact, their voting may permanently jeopardize their path to citizenship. As Jay says: "We do not need to make life harder for non-US citizens who are trying to follow the rules."
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