Election Law H958 Suggestions for Change

 Suggestions for NC Senate Elections Committee- H958 in red.    7/25/26

1. Contributions by foreign nationals    

Suggestion: Remove items (e) 1 and (e) 2 from H-958 v. 6, pg. 29 which provide exceptions to the definition of foreign national.

Reference: SECTION 5.3.(a) G.S. 163-278.6 is amended by adding a new subdivision to read: "(52) The term "foreign national" means any of the following:

(e) Any person organized and operating in the United States that is wholly or majority owned by a foreign national or combination of foreign nationals unless both of the following apply:

   1. Any contribution or expenditure the person lawfully makes derives entirely from funds generated by operations in the United States.

   2. All decisions concerning the contribution or expenditure are made by individuals who are United States citizens or lawful permanent residents, except for setting overall budget amounts."

Rationale:

- There should be no exceptions to the definition of foreign nationals.

- Foreign nationals should not be allowed to contribute money to N. C. elections under any circumstances.

- Other states have passed statutory guidelines that do not have exemptions for certain foreign sources of funding like those in e(1) and e(2).

- The exemptions in e(1) and e(2) allow for the laundering of foreign money through payroll of U.S. citizens to influence campaigns and referendums.

2. Voting when identification Numbers Do Not Match 

Suggestion: Revise section (d) to remove the use of HAVA documents for identity verification.  

Reference: SECTION 1.2.(b) G.S. 163-166.12(d) reads as rewritten:

"(d) Voting When Identification Numbers Do Not Match. – Regardless of whether an individual has registered by mail or by another method, if the individual has provided with the registration form a drivers license number or last four digits of a Social Security number but the computer validation of the number as required by G.S. 163-82.12 did not result in a match, and the number has not been otherwise validated by the county board including contacting the voter, in the first election in which the individual votes that individual shall submit with the ballot the form of identification described in subsection (a) or subsection (b) of this section, depending upon whether the ballot is voted in person or absentee. below.

If  that the DL #, if issued, or if not the last four digits of the Social Security Number, if issued identification is provided no later than 12:00 P.M. on the third fifth business day after the election and the county board does not determine that the individual is otherwise ineligible to vote a ballot and the identification numbers match with state and federal databases, the voter is offered a regular ballot.  The the failure of identification numbers to match state and federal databases shall not prevent that individual from registering to vote and having that individual's vote counted."  shall require the voter to be in “Eligibility Pending” status and the voter shall be required to vote a provisional ballot until information for correction of the record is provided by the voter

Rationale:

- The use of HAVA documents should be limited to verifying the address for those voting for the first time consistent with HAVA 52 USC 21083 (b), not verifying identity.  Identity is verified by matching identification numbers (driver’s license or social security numbers) to state and federal databases. Section (d) should be updated to clarify that mismatches need to be resolved with corrected information from the voter as required in § 163‑82.12 (9). The BOE’s should make diligent efforts to verify the identity of the voter by contacting the voter, as needed; for example, if there are errors in full legal name or birthdate.

- When a match with HAVV or other federal system is not possible, the voter should remain in a “pending” status until clear identification is established.  Mismatches should be addressed during the registration process to resolve any discrepancies.  If mismatches persist, they should still be resolved to improve the quality of the voter rolls and avoid duplicate registrations.

- HAVA requires an agreement in the state “to match information in the database of the statewide voter registration system with information in the database of the motor vehicle authority to the extent required to enable each such official to verify the accuracy of the information provided on applications for voter registration”.

- Verifying identity is a requirement of HAVA and a foundation for an accurate voter registration list.  HAVA documents are easily forged, making them vulnerable to voter registration fraud.

- If voters lose confidence in the election system, they may be less inclined to vote, believing their vote to be nullified by ballots from ineligible voters.

- Non-matches of the SSN4 were usually equal to or higher than the number of matches since 2025.  2024 had a historically high number of non-matches.   In previous years non-matches were much lower than matches. The problem has become worse.

3. Require DMV to furnish full Social Security Numbers for DMV Customers to the State Board of Elections 

Suggestion: The requirement for the DMV to furnish the full Social Security number for DMV customers to the State Board was included in a prior version of H 958 and should be added back to the current bill.

Reference: Section 2.14 prior version 2 pg. 13. Require DMV to Furnish Full Social Security Numbers for DMV Customers to the State Board of Elections

Rationale:

- HAVA requires an agreement in the state “to match information in the database of the statewide voter registration system with information in the database of the motor vehicle authority to the extent required to enable each such official to verify the accuracy of the information provided on applications for voter registration”.

- Sharing information between state agencies should be required when needed to improve quality and efficiency of operations and services. 

- There are a substantial number of voter registrations missing social security numbers or driver’s license numbers in official databases. Receiving full Social Security Numbers from the DMV would improve the quality and maintenance of our voter registration list.

- Failure to capture full SSNs makes the process of voter list maintenance much more difficult, resulting in many more duplicate registrations on our voter list.

4. Disorderly Conduct at Voting Place (Note: This section has changed from NCEIT’s previous Suggestions.)

Suggestion: Delete Section 2.3 (a) and (b) which authorizes arrest powers for election officials in H-958 v. 6, pg. 11.   

Reference: Section 2.3 (a) GS 14-132 reads as rewritten: "§ 14-132. Disorderly conduct in and injuries to public buildings and facilities.

(b) Any person in charge of any public building or facility owned or controlled by the State, any subdivision of the State, or any other public agency shall have authority to arrest summarily and without warrant for a violation of this section.

(Note: This section was changed from NCEIT’s previous Suggestions.)

Rationale:

 - Election officials are not the same as public building administrators.  They do not have the training in deescalation procedures or in conflict management as public building administrators.  Election judges already have the authority to contact law enforcement to ensure peace and good order at polling sites. - The state is creating the potential for violations of First Amendment rights by empowering overzealous election officials to practice their idiosyncrasies on activities outside the voting enclosure.  NC § 14-132 (b) should be deleted.- Election officials should focus their energies on behaviors and activities inside the voting enclosure, protecting voters from interference or intimidation.

5. Proof of Citizenship  (Note: This section has changed from NCEIT’s previous Suggestions.)

Suggestion: Revise § 163-55 to require documented proof of citizenship for new voter registrations and define acceptable citizenship documents.  

Reference: § 163-55.  Qualifications to vote; exclusion from electoral franchise.

(a) Residence Period for State and Federal Elections. - Every person U.S. citizens  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.                                            

(b) Documented proof of citizenship required for registering to vote.  The applicant is required to prove citizenship.  It shall be documented on the voter registration application and UOCAVA registrations.

The following documents or sources are acceptable evidence to prove U.S. citizenship:

• Current and valid U.S. passport;

• U.S. birth certificate;

• Consular Report of Birth Abroad provided by the U.S. State Department;

• Naturalization certificate issued by the U.S. Department of Homeland Security;

• a Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number

• Verification of citizenship through authoritative state and federal databases. 

(b) (c) 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.

(3) Any person who is not a US citizen. 

Rationale:

- A Citizens Only Voting Amendment to the NC constitution was passed in 2023.

- The SAVE America Act now pending in the Congress requires documented proof of citizenship.

- President Trump’s Executive Order 14248 of March 2025 requires documented proof of citizenship.

- 12 states have laws requiring proof of citizenship for new registration which includes some who allow database verification, as an alternative to physical documents.  These include Arizona, Florida (phased in starting 2027), Georgia, Mississippi, New Hampshire, Ohio, South Dakota, Utah, and Wyoming. Alabama and Louisiana (laws passed but not in effect). Kansas law was struck down in 2018. Guam also has a law. In addition, Texas has drafted legislation in the House and Senate and Michigan in the House.

-Requiring proof of citizenship for new registrations is a commonsense requirement which would strengthen election integrity by ensuring that only US citizens can vote in US elections. This is what North Carolinians expect to protect their vote. Otherwise, our constitutional amendment has no teeth.