Objections delay North Carolina election rules ahead of November voting
RALEIGH — Fifteen sets of North Carolina election rules approved by the state Rules Review Commission are unlikely to take effect before the November general election after opponents submitted enough objections to trigger legislative review.
The rules address absentee ballots, photo identification, recounts and conduct outside voting locations.
Under North Carolina’s Administrative Procedure Act, a rule approved by the commission can be delayed when at least 10 people submit written objections clearly requesting legislative review. Lawmakers then have an opportunity to approve, alter or reject the rule.
The Rules Review Commission considered the State Board of Elections’ proposals during its Aug. 27 meeting. More than 10 objections were submitted for each set of rules, according to commission and State Board records reviewed by Carolina Public Press.
The objections mean most of the proposals will not take effect in time for the 2026 general election. County election boards will instead continue operating under existing law, current administrative rules and State Board guidance.
One proposed rule would establish procedures for handling absentee-ballot envelopes that arrive unsealed or appear to have been opened and resealed. The proposal describes when a ballot must be spoiled and when election officials may issue a replacement ballot or direct the voter to vote in person.
Other proposals address the review of photo ID exception forms and procedures for recounts.
Voting-site rules would give precinct officials additional authority to regulate prolonged or repeated noise audible inside a voting enclosure. They also would restrict amplified sound and allow officials to adjust buffer and electioneering zones because of weather, construction, safety concerns or disruptions affecting access.
Supporters have described the rulemaking effort as a way to convert existing State Board guidance into enforceable administrative rules. The board frequently uses numbered memoranda to explain election procedures to county officials, but those documents do not have the same legal status as permanent rules.
Opponents raised objections involving voter access, administrative burdens, free speech and the clarity of the proposed standards.
A State Board spokesperson told Carolina Public Press that the board may consider another method of implementing some less controversial administrative provisions for the 2026 election. The board may also continue issuing temporary guidance through numbered memoranda.
North Carolina begins mailing absentee ballots Friday. In-person early voting begins Oct. 15.
Editor’s note:
This article was drafted with the assistance of artificial intelligence and was reviewed and fact-checked by a member of the NC Political News editorial team before publication.
