NC House Bill 589 | NNA
Law

NC House Bill 589

Notary Law Update: NC House Bill 589

State: North Carolina

Summary:

House Bill 589 authorizes that instead of two witnesses as required by law, a Notary may witness the marking and sealing of an absentee ballot; however, a Notary may not charge to witness or affix a Notary seal to an absentee ballot application or certificate.

Signed:  August 12, 2013

Effective:  January 01, 2014

Chapter: 2013-381

Affects:

Amends Sections 163-231 and 10B-30 of the North Carolina General Statutes

Changes:
  1. Authorizes a Notary to satisfy the requirement to having two witnesses present for the marking and sealing of an absentee ballot as follows: (a) the voter shall mark the ballot or cause the ballot to be marked in the voter’s presence according to the voter’s instructions; (b) the voter fold each ballot separately, or cause each of them to be folded in the voter’s presence; (c) the voter shall place the folded ballot in the container/return envelope and securely seal it, or have this done in the voter’s presence; (d) make the application printed on the container/return envelope according to the provisions of G.S. 163‑229(b) and make the certificate printed on the container/ return envelope according to the provisions of G.S. 163‑229(b); and (e) have a Notary affix a valid notarial seal to the envelope, and include the word “Notary Public” below his or her signature and indicate the Notary’s address.
  2. Prohibits a Notary from charging a fee for witnessing and affixing a Notary seal to an absentee ballot application or certificate.
Analysis:
In recent years most states have repealed rules for having a Notary Public witness the process of voting by absentee ballot. However, in North Carolina, House Bill 589 now allows a Notary to replace the two witnesses required to be present when a voter marks and seals an absentee ballot. The new law also prohibits a Notary from charging for this service.
 

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