8 N.C. Admin. Code 18.0101

Current through Register Vol. 39, No. 11, December 2, 2024

Section 18 .0101 - ABSENTEE BALLOT DELIVERY

(a) A qualified individual with a disability who, due to a disability, requires assistance mailing his or her return envelope containing an executed absentee ballot may direct that the sealed envelope be taken directly to the closest U.S. mail depository or mailbox by a person selected by the voter, so long as the individual is not disqualified from assisting the voter under G.S. 163A-1298(a)(4) or G.S. 163A-1317(c). For purposes of this Rule, "directly" means taken to the depository or mailbox without stopping or making any detour. For the purposes of this Rule, "closest" means the location the shortest distance away from the voter.

(b) Any individual who assists in the manner described in this Rule shall indicate that he or she assisted the voter by marking the space provided for assistors on the return envelope containing the executed absentee ballot.

(c) This Rule is adopted in accord with Title II of the Americans with Disabilities Act of 1990, which provides that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity."

08 N.C. Admin. Code 18 .0101

Authority G.S. 163A-741; 163A-1308(g); 163A-1310(b)(1); 42 U.S.C. 12132; Nat'l Fed'n of the Blind v. Lamone, 813 F.3d 494 (4th Cir. 2016);
Eff. September 1, 2018.

Authority G.S. 163A-741; 163A-1308(g); 163A-1310(b)(1); 42 U.S.C. 12132;
Nat'l Fed'n of the Blind v. Lamone, 813 F.3d 494 (4th Cir. 2016);

Adopted by North Carolina Register Volume 33, Issue 07, October 1, 2018 effective 9/1/2018.