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Polling Places and Legal Notices Core Course #6

Polling Places and Legal Notices Core Course #6. Don Wright General Counsel NC State Board of Elections March 15, 2006. Right to use “Public Buildings”. GS 163-129

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Polling Places and Legal Notices Core Course #6

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  1. Polling Places and Legal NoticesCore Course #6 Don Wright General Counsel NC State Board of Elections March 15, 2006

  2. Right to use “Public Buildings” GS 163-129 ……To this end, the county board of elections shall be entitled to demand and use any school or other State, county, or municipal building, or a part thereof, or any other building, or a part thereof, which is supported or maintained, in whole or in part by or through tax revenues ……..

  3. Right to Parking at Public Buildings GS 163-129 ……..If a county board of elections requires that a tax‑supported building be used as a voting place, that county board of elections may require that those in control of that building provide parking that is adequate for voters at the precinct, as determined by the county board of elections.

  4. What are Public Buildings? Any facility that receives the benefits of tax funds directly or indirectly as to construction, support , or maintenance. Yes…That may include Volunteer Fire Departments

  5. Polling Place Issues • Armories are discouraged for use as polling places…only a last resort • Privately owned locations can restrict electioneering as per GS 163-166.4 • Schools…Administrators often complaint of traffic fears…work with them

  6. Best NC Polling Location Buncombe County…Grove Park Inn • Worse …Wake County

  7. Worse NC Polling Location • Wake County…. Central Prison

  8. Polling Place Information Sheet General Information Contact Information Opening/Closing Instructions Phone Arrangement Voting Place/Enclosure Information Accessibility Information Pathway/Curbside Accessibility Electioneering/Buffer Zone Parking Information

  9. Public Building Agreement 1. This contract with made and entered into between ______________________________________________________________ (hereinafter called the lessor) and the ________________________________ County Board of Elections (hereinafter called the lessee). 2. The lessor agrees to allow the following facility/building/room(s) (herein after referred to as “premises”) to be used by the lessee as a voting place for the ______________________________________________________________ Precinct. The location to be used is known as ______________________________________________________________ and has an address of ____________________________________________. The use shall include parking that is necessary for the effective use of the premises as a voting place. The use shall also include the use of any part of the premises that is needed to allow curbside voting and accessibility for disabled voters or voters with special needs.

  10. 3. It is understood that the premises to be used as a voting place is supported in whole or part by tax revenues and that by operation of G.S. 163-129; the lessee has the right to demand and use such premises. The use of this premise as a voting place shall continue indefinitely until mutual agreement between the lessor and lessee provides otherwise 4. The lessor agrees to provide the following on-premises furnishings to the lessee for use on election days, (Insert list or delete if not needed). The lessee may install a single telephone or communication line for their use only, at the premise acceptable to both the lessor and lessee. All cost of installation and service is the responsibility of the lessee. 5. Further, any on-premises restroom or break room facilities needed by the lessee to service the needs of its poll workers shall be made available. If at all possible, restrooms only shall be also made available to members of the public on the premises for election purposes. The lessee will leave the restroom and break room facilities in as good and clean condition as they were prior to use.

  11. 6. The lessor further agrees to have the premises to be used to be open for use prior to the election as needed for setup, on Election Day itself, and after the election for removal of equipment by the lessee as needed. Election equipment needed to conduct the election will be delivered by the Lessee’s delivery service to the premises used before the election at a time coordinated with the lessor. All such equipment will be removed no later than (insert day or deadline) immediately following the election or otherwise agreed upon by the parties. Access may be provided otherwise by mutual consent, including, but not limited to, the providing of a key on terms and conditions agreed to by the parties. Further, the election staff shall rearrange any furnishings within the premises that were moved to accommodate use of the facility as a polling place. The lessee will leave the premises in as good and clean condition as they were prior to use. 7. The lessee and election staff will ensure that all election materials resulting from such election related activity are removed from the outside of the premises prior to leaving on Election Day. The lessee will further inform all candidates of the need to remove campaign items located at the premises after the election. 8. The lessor and lessee pledge to work with one another in a cooperative fashion and to keep each other fully and promptly informed of developments that might adversely affect the use of the premises as a voting place. The parties shall endeavor to reach mutual agreements that will allow the normal functions of the premises to continue if possible during use by the lessee, but with the understanding that the lessee’s voting place use must not be unreasonably hindered.

  12. Polling Place Usage AgreementPrivate Building 1. This contract made and entered into between _________________________________________________________(hereinafter called the lessor) and the ______________________________ County Board of Elections (hereinafter called the lessee). 2. The lessor agrees to allow the following facility/building/room(s) (herein after referred to as “premises”) to be used by the lessee as a voting place for the __________________________________________________________ Precinct. The location to be used is known as __________________________________________________________ and has an address of __________________________________________. The use shall include parking that is necessary for the effective use of the premises as a voting place. The use shall also include the use of any part of the premises that is needed to allow curbside voting and accessibility for disabled voters or voters with special needs.

  13. 3. It is understood that the premises to be used as a voting place is not supported in whole or part by tax revenues and that its use as a voting location is by mutual agreement of the parties. The use of this premises as a voting place shall continue indefinitely until the lessor or lessee gives the other at least 90 days advance notice of the termination of this usage agreement or the agreement is otherwise terminated by mutual consent. (Optional…delete if no rent is paid. The rental fee for the use of the premise, including on premises furnishings used, is $______________per_____________ (use or year). The Lessee shall make all rental checks payable to_______ __________________________________________________.Upon cancellation of this agreement the lessee will receive a full refund of previously paid rental fees for any rental not used. ) 4. The lessor agrees to provide the following on-premises furnishings to the lessee for use on election days, (Insert list or delete if not needed). The lessee may install a single telephone or communication line for their use only at the premises acceptable to both the lessor and lessee. All cost of installation and service is the responsibility of the lessee.

  14. 5. Further, any on-premises restroom or break room facilities needed by the lessee to service the needs of its poll workers shall be made available. If at all possible, restrooms only shall also be made available to members of the public on the premises for election purposes. The lessee will leave the restroom and break room facilities in as good and clean condition as they were prior to use. 6. The lessor further agrees to open the premises to be used prior to the election as needed for setup, on Election Day itself, and after the election for removal of equipment by the lessee as needed. Election equipment needed to conduct the election will be delivered by the lessee’s delivery service to the premises used before the election at a time coordinated with the lessor. All such equipment will be removed no later than (insert day or deadline) immediately following the election or otherwise agreed upon by the parties. Access may be provided otherwise by mutual consent, including, but not limited to, the providing of a key on terms and conditions agreed to by the parties. Further, the election staff shall rearrange any furnishings within the premises that were moved to accommodate use of the facility as a polling place. The lessee will leave the premises in as good and clean condition as they were prior to use. 7. The premises covered by this agreement is not a public building within the meaning of N.C.G.S. 163-129 and N.C.G.S. 163-166.4 and as such election related activity may be restricted on Election Day as per the provisions of N.C.G.S. 163-166.4. The lessor has requested the following election –related activity restrictions and the following restrictions have been approved: (list restrictions). The lessee and election staff will ensure that such election related activity restrictions are enforced to the best of their ability. The lessee will further inform all candidates of the election –related activity restrictions as to these premises.

  15. 8. The lessor and lessee pledge to work with one another in a cooperative fashion and to keep each other fully and promptly informed of developments that might adversely affect the use of the premises as a voting place. The parties shall endeavor to reach mutual agreements that will allow the normal functions of the premises to continue if possible during use by the lessee, but with the understanding that the lessee’s voting place use must not be unreasonably hindered. ______________________________________ Lessee (Insert County) County Board of Elections

  16. Polling Place Usage AgreementPrivate Building – Special Use

  17. HAVA REQUIRED POLLING PLACE POSTING • Required by 42 USC 15482, Section 302 of HAVA • Reusable information posters in English and Spanish have been provided • SBOE has more posters if you need them

  18. Notices, Posting, and Publications GS 163-33…. (8)       To provide for the issuance of all notices, advertisements, and publications concerning elections required by law. If the election is on a State bond issue, an amendment to the Constitution, or approval of an act submitted to the voters of the State, the State Board of Elections shall reimburse the county boards of elections for their reasonable additional costs in placing such notices, advertisements, and publications. In addition, the county board of elections shall give notice at least 20 days prior to the date on which the registration books or records are closed that there will be a primary, general or special election, the date on which it will be held, and the hours the voting places will be open for voting in that election. The notice also shall describe the nature and type of election, and the issues, if any, to be submitted to the voters at that election. Notice shall be given by advertisement at least once weekly during the 20‑day period in a newspaper having general circulation in the county and by posting a copy of the notice at the courthouse door. Notice may additionally be made on a radio or television station or both, but such notice shall be in addition to the newspaper and other required notice. This subdivision shall not apply in the case of bond elections called under the provisions of Chapter 159.

  19. Notice of election Notice of [type of election] [Town/City/Village/Special District of (name)], North Carolina A [type of election (general, primary, municipal, special or bond)] will be held on [date of election] in the [city/town of (name)], North Carolina to vote on [offices, issues, bonds or referendums]. Polls will be open from 6:30 a.m. until 7:30 p.m. The polling place(s) will be located at: [name(s) and physical address(es) of polling place(s)] Absentee ballots [are/are not]allowed. Requests for an absentee ballot must be made in writing and received in the [county name] County Board of Elections office by 5:00 p.m. on [day and date absentee ballot requests due]. Absentee voting begins on ___ andballots must be received in the Board of Elections Office starting [day and date absentee voting begins] and endsno later than 5:00 p.m. on [day and date absentee ballots are due]. The Board of Elections will meet on [dates and times the board will meet] and other times as may be necessary for the purpose of approving absentee ballot applications.

  20. Notice of election One-stop voting will be held in the Board of Elections office [other one-stop sites (locations of these sites)] beginning [day and date beginning] and ending [day and date ending]. One-stop voting hours are [days of the week, times for one-stop and locations]. Canvass Day will be held at [time] in the [county name] Board of Elections Office in [city/town name]on [date]. All residents of the [town/city/village of (name)] who are registered to vote with the [county name] County Board of Elections may vote in this election. Voters who are previously registered need not re-register for this election. Those residents of the [town/city/village] who are not registered to vote must register on or before [last day and date to register] in order to be eligible to vote in this election. [Optional: requirements to vote] Any voter who has moved since the last election must notify the Board of Elections in writing by [date]. A person may register at the Board of Elections Office at [physical address, other locations] or may register by mail. [Name of Chairman], Chairman [County name] County Board of Elections

  21. Absentee Ballot Notice RESOLUTION OF THE [county] BOARD OF ELECTIONS CONCERNING THE COUNTING OF ABSENTEE BALLOTS On [date], the [county name] County Board of Elections met at the Board of Elections Office, [city], North Carolina and adopted the following resolution: BE IT RESOLVED by the [county name] County Board of Elections that: The [county name] County Board of Elections shall meet at 2:00 PM on Presidential Election Day, Tuesday, [date] at the Board of Elections Office at [address, city,] North Carolina to count absentee ballots. Any voter of the County may attend this meeting and observe the count. The results of the absentee ballot count will not be announced before 7:30 pm on that day. [name], Chairman [county name] County Board of Elections Run Dates: Tuesday, [date] Tuesday, [date] Bill to : [name] [county name] County Board of Elections [address] [city, state zip]

  22. Notice of Absentee Meetings [County name] County Board of Elections Schedule of Absentee Meetings The following is a list of the days and dates on which the [county name] County Board of Elections will meet (if necessary) to approve the applications for absentee ballots for the [type of election] to be held on [day and date of election]. The meetings will be held at the Board of Election’s Office, [county board office physical address], pursuant to G.S. 163.230.1(c1). Any other business transacted by the Board will be done at this time. [5:00 pm] [day and date] [Chairman’s name], Chairman [County name] County Board of Elections Run Dates: [day and date]

  23. Change of Absentee Meeting • [County name] County Board of Elections • Notice of [Change in Time of Absentee Meeting / Additional Absentee Meeting] • The following is a notice of [Change in Time of Absentee Meeting / Additional Absentee Meeting] in which the [county name] County Board of Elections will meet (if necessary) to approve the applications for absentee ballots for the [type of election] to be held on [day and date of election]. The meetings will be held at the [county name] Board of Election’s Office, [county board office physical address], pursuant to G.S. 163.230.1(c1). Any other business transacted by the Board will be done at this time. • [time] [day and date] • [Chairman’s name], Chairman • [County name] County Board of Elections • Run Dates: • [day and date]

  24. Notice of Buffer Zone and Limited Electioneering Polling Place Buffer Zones for [County name] County Polling Places The following is a list of [county name]County polling places and a description of each buffer zone concerning Election Day electioneering. Buffer zones as designated by G.S. 163-166.4(a), county board of elections, shall, where practical, set the limit at 50 feet from the door of entrance to the voting place, measured when that door is closed, but in no event shall it set the limit at more that 50 feet or at less than 25 feet. The poll workers will mark buffer zones on Election Day with [marking materials used by the county]. [polling place]:Located at[location] [buffer zone description] Example: Edward: Located at Edward Fire Department Electioneering is allowed 40 ft from the front door to the Building. This is marked by both of the 4th white posts in front of the building. Old Ford: Located at Old Ford Ruritan Building Electioneering is allowed 50 ft from the front door of the building.

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