North Carolina Election Board Adopts Rules That Could Make Some Ballot Rejections Easier

North Carolina’s State Board of Elections adopted two sets of voting rules in July that could change how county officials review some voter-ID exceptions and absentee-ballot problems before the Nov. 3, 2026, general election.

On July 16, the board adopted amendments to its photo-ID rules. On July 20, it adopted permanent absentee-voting rules in a 3-2 vote.

Neither set of rules is in effect yet. The State Board says both were sent to the Rules Review Commission, with final approval expected at the commission’s Aug. 27 meeting.

What changes for voters without photo ID

North Carolina law requires voters to show an acceptable photo ID when voting in person and requires absentee voters to provide photo-ID documentation or claim a qualifying exception. The law also allows voters without an acceptable ID to use an exception affidavit for circumstances such as a religious objection, a lost or stolen identification document or another qualifying reason.

The July 16 amendments change the standard for county-board decisions involving an exception affidavit submitted with a provisional ballot. Under the existing rule, the county board would count the ballot unless it unanimously found the affidavit false. The adopted amendment allows the board to find the affidavit false by majority vote.

The rule does not eliminate the exception affidavit. A voter who lacks acceptable photo ID may still use the process, and the county board must base any finding of falsity on facts rather than speculation. The voter also must receive advance notice and an opportunity to provide an explanation, documentation or an in-person response before the ballot is disapproved.

The change is statewide. North Carolina has county boards of elections in all 100 counties, so the new decision standard would apply across the state if the rule receives final administrative approval.

What changes for absentee ballots

The permanent absentee rules adopted July 20 establish procedures for county election staff when a returned absentee ballot contains a missing, incomplete or improperly handled item.

Staff must document identified deficiencies and their contacts with voters in the State Elections Information Management System or another required log. If staff notify a voter by phone, the record must include when the call was made. The rules also address documentation for notices sent by mail or email.

The rules distinguish between deficiencies that may be addressed and irregularities requiring additional action. Depending on the problem, county officials may notify the voter, provide an opportunity to submit information or documentation, reserve a decision while awaiting a cure, or spoil and reissue the ballot.

The procedures cover issues involving ballot materials and envelopes, including whether required envelopes are sealed, whether materials are placed in the correct envelope and whether an envelope appears to have been opened and resealed. The rules direct county boards to apply procedures based on the type of irregularity rather than treating every problem identically.

The adopted rules do not mean that every ballot with a deficiency will be rejected. Some problems can be addressed, while other irregularities may require a ballot to be spoiled and reissued or reviewed under a different procedure.

Why the rules are controversial

Board members and outside advocates disagreed about whether the changes will improve election administration or create additional risks for voters.

Supporters said written documentation, clearer review standards and spoil-and-reissue procedures can give voters a defined way to correct problems and protect ballot security. Critics argued that lowering the threshold for rejecting a photo-ID exception and adding technical absentee procedures could make it easier for eligible voters to lose a ballot, particularly if they have limited access to reliable mail, phones or email.

Those concerns are arguments about the possible effects of the rules, not an established finding that the rules will increase ballot rejections or result in partisan treatment. The rules themselves require officials to document deficiencies and base findings about false affidavits on facts rather than speculation.

Why the July 16 hearing date matters

The public hearing on the absentee rules was held July 16 after the State Board rescheduled the original June 22 hearing because of technical problems with the recording. The board extended the comment period for those rules through July 16.

An earlier date of Aug. 3 does not apply to the absentee rules discussed here. The State Board’s rulemaking page lists Aug. 3 hearings for other proposed rules, including campaign-finance and related matters.

The rules are not yet operative

State Board adoption is not the final step. The Rules Review Commission reviews adopted rules for compliance with North Carolina’s Administrative Procedure Act before they can take effect.

The commission’s July 30 agenda does not list these election rules. That agenda identifies Aug. 27 as the next scheduled commission meeting, and the State Board’s rulemaking page identifies that meeting as the expected final-approval checkpoint for the photo-ID and absentee rules.

Until the administrative process is completed, the July rules are not the operative rules for voters or county election officials. The final timing could depend on the commission’s action and any additional steps that follow.

What voters should do

Voters requesting an absentee ballot should keep their mailing address and any phone number or email address provided to election officials current. They should monitor mail, phone calls and email for notices from their county board of elections.

If a county board flags a ballot, the voter should contact that board promptly and follow the specific instructions in the notice. Depending on the issue, the voter may need to submit a photo-ID copy, an exception affidavit, other documentation or a replacement ballot.

The county board is the primary source for case-specific guidance, including whether a problem can be corrected, whether a ballot must be spoiled and reissued, and the deadline for responding. Voters should also check for updated guidance from the State Board and their county board after the Rules Review Commission acts.

What to watch next

The next major checkpoint is the Rules Review Commission’s scheduled Aug. 27 meeting. If the commission approves the rules, voters and county boards will need to watch for the final effective date and any implementation guidance issued before the Nov. 3 general election.

Sources

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