Polling Places and Legal Notices Core Course #6 by rzx35144

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									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
……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 ……..
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.
      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
    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
Best NC Polling Location
         Buncombe
           County…Grove Park
           Inn




         • Worse …Wake
           County
      Worse NC Polling
         Location
• Wake County….
  Central Prison
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
       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.
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.
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.
  Polling Place Usage Agreement
          Private 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.
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.
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.
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
Polling Place Usage
     Agreement
 Private Building –
    Special Use
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
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.
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 ___
   and ballots must be received in the Board of Elections Office starting
   [day and date absentee voting begins] and ends no 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.
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
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]
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]
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]
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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