The North Carolina State Board of Elections (SBE) has proposed changes to the rules governing voting sites, specifically addressing buffer zones next to voting sites, electioneering zones, and noise that may disturb peace and good order at voting sites. I offered a public comment on those proposals at an SBE hearing on June 29. The prepared text of that comment is below:
I am Andy Jackson with the John Locke Foundation. I largely support the proposed rules for subchapter 10C with some reservations.
The proposed rules in 0102 for buffer zones around polling places and curbside voting areas are welcome. They will provide clarity for election workers and the public.
However, I believe the proposed rules for 0103 on electioneering zones flip the intent of General Statute 163‑166.4(b) on its head. Rules on the creation of electioneering zones “at a voting site that do not share a border with the voting place buffer zone” imply that electioneering is prohibited outside of the established electioneering zone or zones. As long as those engaged in electioneering do not block access to the voting site, intimidate voters, or otherwise disrupt the voting process, every place outside the buffer zone is functionally an electioneering zone.
The proposed rules on noise and sound in 0104(c) are good, but I worry that some of them are either subjective or not narrowly tailored and may not survive legal challenge.
To reinforce the disruptive noise and sound rule in 0104(c)(1), the board should define and use a “plainly audible” standard along the lines of Wake County’s, which defines it as “Any sound or vibration caused by sound that can be detected by a reasonable person of ordinary sensitivities using their unaided hearing faculties.” Some of us have more sensitive hearing than others, and that standard would protect the rule from charges of subjectivity.
The proposal in 0104(c)(2) that “No person outside of the voting place at a voting site shall use a sound amplification device during the hours of voting” does not narrowly serve the state’s compelling interest in enforcing “peace and good order in and about the place of registration and voting” if that sound is not audible within the voting enclosure. It should be removed.
With those changes, the proposed rules will help maintain peace and good order at our voting places. Thank you.
Here is a link to the proposed voting site rules. Here is how you can provide the SBE with your public comment (Deadline: Tuesday, July 14):
- Online: Public Comment Portal: Voting Site Rules
- Email: [email protected] (Specify that you are commenting on the voting site rules.)
- Mail: Attn: Rulemaking Coordinator, P.O. Box 27255, Raleigh, NC 27611-7255 (Specify that you are commenting on the voting site rules.)
