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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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