The North Carolina State Board of Elections (SBE) is conducting a review of 38 election rules to determine whether they are still necessary.
The review is required by state law (§ 150B‑21.3A.) and has three steps:
- “The agency analyses the rules to make initial determinations if they are still necessary, publicly posts those determinations and invite public comments, and presents the initial determinations, public comments and agency responses to those comments to the Rules Review Commission.
- The RRC reviews the agency report and decides if any of the agencies determinations need to be reversed. It then presents a report to the Joint Legislative Administrative Procedure Oversight Committee (the committee).
- The agency consults the committee, which may “recommend that the General Assembly direct the agency to conduct a review of the specific rule in accordance with this section in the next year following the consultation.”
We are in step one. The SBE has initially determined that all of the rules under review are still necessary. The public comment period for those rules is open through October 17. If you believe that some of the rules are unnecessary, you can make a public comment in one of three ways:
- Online (You will have to make a seperate comment for each rule you believe is unnecessary.)
- By email to [email protected] (Indetify the rule or rules you believe are unnecessary in your comment.)
- By mail to Attn: Rulemaking Coordinator, P.O. Box 27255, Raleigh, NC 27611-7255 (Indetify the rule or rules you believe are unnecessary in your comment.)
The 10-year review process is not for modifying existing rules. That procedure is found in § 150B‑20. of North Carolina’s general statutes and, more specifically in 08 NCAC 15 .0101 of North Carolina’s administrative code. Those who wish to suggest rules changes should refer to the code and submit their petition for a rule change to should go to [email protected] and [email protected].
