North Carolina absentee-voting rules face delay request days before ballots are mailed

North Carolina’s Rules Review Commission approved proposed election rules Thursday, August 27, less than two weeks before absentee ballots are scheduled to begin going to voters for the November election. Objections could still send some provisions to the General Assembly and delay their effective date.

The State Board of Elections adopted the rules July 20. They address how county election officials handle absentee-ballot deficiencies, envelope problems and photo-ID exception affidavits. The final rule text lists September 1, 2026, as the effective date for several changes, but that date may not apply to provisions sent to lawmakers for review.

Why Stein objected

Gov. Josh Stein asked the commission to delay the changes, saying they were being implemented too close to the election and could confuse voters or increase the risk that valid ballots are rejected. His objections focus on photo-ID exceptions and procedures for absentee ballots with errors or envelopes that appear to have been opened and resealed.

Under the proposed photo-ID rule, a county board could reject an otherwise eligible voter’s ballot if the board unanimously finds, by majority vote, that the voter’s exception affidavit is false. The board would have to base that finding on facts rather than speculation, record the factual grounds in writing and provide advance notice and an opportunity for the voter to respond before the ballot is rejected.

Stein and other critics say the change could make it harder for voters who lack acceptable photo identification to use an exception allowed by state law. The State Board of Elections says the rules are safeguards intended to create more consistent procedures across North Carolina’s counties. WUNC reported that critics also raised concerns about the possibility of county-board votes occurring along party lines, but county-board decisions should not be presumed to be partisan or improper.

What the absentee rules would change

The proposed rules divide absentee-ballot problems into curable deficiencies, non-curable deficiencies and irregularities that may require further review.

A curable deficiency is one that can be corrected with supplemental documentation or an attestation from the voter. The rule text lists examples involving signatures, photo-ID documents, exception affidavits and other application requirements. County staff would document the problem and send a cure notice by mail within one business day. If the voter provided a phone number or email address, officials would also use that information when available.

The voter, a qualifying guardian or near relative, a multipartisan assistance team or a person assisting a voter with a disability could submit the requested documentation or attestation in person, by mail or by email. The submission must arrive by the statutory cure deadline, and the county board may not refuse to count a ballot solely because of a curable deficiency that has been corrected.

Non-curable deficiencies include some problems involving unsealed or apparently opened and resealed ballot envelopes, a request for a replacement ballot, certain signature problems and missing witness information. If officials identify a non-curable deficiency more than three days before the election, the rules direct them to spoil the returned ballot and reissue an absentee-ballot package by mail. The notice would explain the problem, the reissue process and the voter’s options to vote in person.

If a non-curable problem is identified closer to Election Day, there may not be enough time to mail a replacement ballot that can be returned on time. In that situation, county staff would notify the voter that the ballot must be spoiled and explain the available in-person voting options.

Not every envelope irregularity would require action from the voter. The rule text says some situations, including an outer envelope problem when the ballot container-return envelope remains sealed, should be documented but cannot by themselves be used to refuse to count the ballot. Other apparent opening or resealing problems may require officials to contact the voter and determine whether the issue is curable or non-curable.

How objections could delay the rules

Thursday’s commission action did not settle when every provision will govern the November election. Under North Carolina’s administrative-rule process, at least 10 qualifying written objections requesting legislative review can require the commission to send affected rules to the General Assembly and delay their effective date.

WRAL reported that the State Board of Elections had been told enough objections had been submitted to trigger legislative review, while the commission’s objection window was expected to remain open until 5 p.m. Friday, August 28. The final count and the specific rules affected still need to be confirmed after that deadline.

The General Assembly was not scheduled to return until after the November 3 election. If affected rules are sent to lawmakers and the legislature does not review them before voting, those provisions could remain delayed while the legislative process continues. That would not necessarily delay every rule in the package.

What voters should know now

The State Board of Elections calendar lists September 4 as the date absentee ballots must be available and distributed to military and overseas voters, and identifies September 4 as the start of voting in the 2026 election through the initial sending of absentee ballots to voters who requested them. That date does not guarantee that every voter who requests an absentee ballot will receive one that day.

Voters who request an absentee ballot should read the instructions carefully, complete and sign the required forms, include the required photo-ID documentation or exception affidavit and seal the ballot envelopes as directed. Anyone who receives a cure notice should respond promptly and follow the instructions from the county board.

The regular deadline to request an absentee ballot is October 20 at 5 p.m. Election Day is Tuesday, November 3, and absentee ballots must be returned by 7:30 p.m. that day under the state election calendar.

Until the objection process is complete, voters and county officials will not know whether all of the approved procedures—or only some of them—will apply to the November election. Voters can use the State Board of Elections’ voter tools and contact their county board for individualized instructions as the rules and deadlines are finalized.

Sources

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