This is the first a two-part series on proposed election rules changes. Part two will cover proposed rules for absentee voting and voting sites.
The North Carolina State Board of Elections (SBE) has proposed a set of election rules changes. Two of the proposals cover rules for recounts and photo ID. This post will include summaries of those proposals and provide information on how you can provide a public comment on them.
Recount Rules
Recounts are conducted by using a “bipartisan team of four,” usually with two members from each of the two major parties. The proposed rules would eliminate the requirement for “diligently seeking to fill the positions with voters affiliated with each of the two parties in the State with the largest number of registered voters” before county boards appoint at least one unaffiliated member. Instead, boards can appoint unaffiliated members or members from a minor party by majority vote at any time.
This change, however, would not give Republicans a chance to use their majority to cut Democrats out of the process. The rules still require at least one vote from each major party’s board members to appoint those team members. The proposal also adds “a bipartisan team of four shall include at least one official from each of the two parties in the State with the largest number of registered voters.”
The proposal will also expand and clarify rules for the first (machine) recount. Each tabulator must be operated by a bipartisan team of officials. Alternatively, the bipartisan team can supervise county board of elections staff, precinct officials, or other trained personnel who may operate up to four tabulators under the supervision of a bipartisan pair of officials appointed by the board, in accordance with the procedures noted above. “County board members shall not serve on the bipartisan team or bipartisan team of supervisors.”
Other recount rules changes include:
- Recount team members “shall wear identification during the recount to make observers aware of the official’s role in the recount.”
- County boards may delegate the authority to declare that a machine recount under their jurisdiction is complete to a “bipartisan team of two county board members overseeing the recount.”
- The SBE may delegate the authority to declare that a machine recount under its jurisdiction is complete to the Executive Director of the State Board.
- “A machine recount shall not be declared completed until the results have been reported to the State Board.”
- Election officials must begin a second (hand-to-eye) recount within three business days of a losing candidate’s demand, instead of the current two days.
Here is a link to the proposed recount rules. Here is how you can provide the SBE with your public comment (Deadline: Tuesday, July 14):
- Online on the Public Comment Portal: Recount Rules
- Email: [email protected] (Specify that you are commenting on the recount rules.)
- In-Person Public Hearing: 10 a.m. June 8, in the Board Room at the State Board of Elections, Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603.
- Mail: Attn: Rulemaking Coordinator, P.O. Box 27255, Raleigh, NC 27611-7255 (Specify that you are commenting on the recount rules.)
Photo ID Rules
The changes to the photo ID rules can be divided into two major categories. The first is to comply with changes in election law on the timing of determining when a person voting a provisional ballot because they do not have an ID must present an ID to election officials. References to the day before the county canvase (the canvase is ten days after election day) were changed to “the deadline for doing so in G.S. 163-166.16(c).” That section specifies that the voter must present the ID by noon on the third business day after the election.
The second class is a correction to a problem with the rules the SBE passed in 2024.
What if the person does not have an acceptable ID? Again, the person can vote by provisional ballot and complete an exception affidavit. Under G.S. 163-166.16.(f), the county board of elections “shall find that the provisional ballot is valid unless the county board has grounds to believe the affidavit is false.”
That language would indicate that the board should accept the provisional ballot unless a majority determines that the affidavit is false.
However, the SBE’s proposed rule requires election officials to accept the provisional ballot “unless the county board unanimously finds that the affidavit is false.” That requirement for unanimity is not compatible with the statute. The requirement would force election officials to accept a ballot even in cases in which the county board, through a majority vote, found that they have grounds to believe the affidavit is false.
That same unanimity requirement is also in the proposed regulations for mail voting voter ID.
The proposed rule change corrects that by changing sections requiring a unanimous or supermajority (4 of 5 board members) vote to find that an affidavit is false to a simple majority.
Here is a link to the proposed photo ID rules. Here is how you can provide the SBE with your public comment (Deadline: Tuesday, July 14):
- Online on the Public Comment Portal: 2026 Photo ID Rules
- Email: [email protected] (Specify that you are commenting on the Photo ID rules.)
- In-Person Public Hearing: 2 p.m. June 9, in the Board Room at the State Board of Elections, Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603.
- Mail: Attn: Rulemaking Coordinator, P.O. Box 27255, Raleigh, NC 27611-7255 (Specify that you are commenting on the photo ID rules.)
Again, the deadline to submit your public comment on the proposed rules is July 14.
