Boards of elections shall keep confidential the date of birth of every voter-registration applicant and registered voter, except in the following situations:

(1) When a voter has filed notice of candidacy for elective office under N.C. Gen. Stat. § 163-106, 163-122, 163-123, or 163-294.2, has been nominated as a candidate under N.C. Gen. Stat. § 163-98 or N.C. Gen. Stat. § 163-114, or has otherwise formally become a candidate for elective office. The exception of this subdivision does not extend to an individual who meets the definition of “candidate” only by beginning a tentative candidacy by receiving funds or making payments or giving consent to someone else to receive funds or transfer something of value for the purpose of exploring a candidacy.

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Terms Used In North Carolina General Statutes 163-82.10B

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3

(2) When a voter is serving in an elective office.

(3) When a voter has been challenged pursuant to Article 8 of this Chapter.

(4) When a voter-registration applicant or registered voter expressly authorizes in writing the disclosure of that individual’s date of birth.

(5) When requested by a county jury commission established pursuant to N.C. Gen. Stat. § 9-1 for purposes of preparing the master jury list in that county pursuant to N.C. Gen. Stat. § 9-2

The disclosure of an individual’s age does not constitute disclosure of date of birth in violation of this section.

The county board of elections shall give precinct officials access to a voter’s date of birth where necessary for election administration, consistent with the duty to keep dates of birth confidential.

Disclosure of a date of birth in violation of this section shall not give rise to a civil cause of action. This limitation of liability does not apply to the disclosure of a date of birth in violation of this subsection as a result of gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable. (2004-127, s. 17(a); 2013-166, s. 1; 2017-3, s. 4; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)