The State Board of Elections approved a series of election rules this month regarding the Mail-in voting, provisional ballots, and sound restrictions at the polling stations.
Before they come into force, they must undergo review by the Rules Review Commission (RRC). In some cases, the General Assembly has the opportunity to intervene.
En Enlace Latino NC We'll explain how the process works.
The next step: the Rules Review Commission
Before they come into effect, all of them must go through the Rules Review Commission.
This state body is composed of members appointed by the General Assembly and that currently has a majority of Republican appointments.
The role of the RRC is not to judge whether the policy is good or bad, but to review that the rule:
- is within the legal authority of the proposing agency;
- be written clearly; and
- has followed the process of hearings and public comment required by state law.
If the RRC finds that the rule meets these three criteria, it approves it. If it objects, the agency, in this case the State Board of Elections, may amend the text and resubmit it, or withdraw the change.
What day would that vote be?
Seth Ascher, a lawyer for the Rules Review Commission, confirmed to Enlace Latino NC that none of the rules are on the agenda for the next meeting on July 30.
The next opportunity for the commission to consider these rules would be August 27, Ascher added. However, it's important to note that the official agenda for that meeting won't be released until about a week beforehand.
What happens if ten people object?
Anyone can send a formal letter of objection requesting that the legislature review the rule.
If at least 10 people submit written objections requesting legislative review, the rule's entry into force is delayed. This delay occurs while the General Assembly evaluates whether to uphold or reject it.
If lawmakers pass a law that specifically rejects the rule before it takes effect, it will not be applied.
If the legislature does not approve any measure to disapprove the rule, the rule comes into effect upon completion of the legislative review period.
This period is the 31st legislative day or when the next regular session of the General Assembly ends, whichever occurs first.
Could they be applied in the November elections?
If the Rules Review Commission approves the rules at the end of August and no objections are raised to trigger a legislative review, the rules could come into force on September 1 and be applied in the November general election.
However, if the commission receives at least 10 valid objections requesting legislative review, the entry into force would be delayed.
In that scenario, the possibility of the rules being in place for the elections will depend on the General Assembly's schedule and whether legislators introduce a measure to disapprove them.
Related: North Carolina auditor's election liaison resigns amid controversy: Here's what we know so far
What do civil rights organizations say?
Defense organizations right to vote They have indicated that the process of reviewing electoral rules could become a key stage before the elections, especially if formal objections are filed with the Rules Review Commission.
Hilary Harris Klein, an attorney with the Southern Coalition for Social Justice, noted that this mechanism represents an additional way for citizens to express opposition to changes in election rules.
“That process also takes time,” Klein told Enlace Latino NC in explaining the possibility that if the rules are sent to the General Assembly they may not come into force for the November elections.
However, he also warned that delays in final approval could create uncertainty about which procedures will be in place during an election.
Joselle Torres of Democracy NC said that this mechanism was already used with a rule related to citizenship verification through the SAVE database of the Department of Homeland Security, which received more than 10 objections and went to the legislative review process.
In addition, I mention Enlace Latino NC that there is a possibility that some of these provisions may end up being incorporated into the HB 958, a broad bill that proposes changes to electoral laws.
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