For David Jones, a voter from Snow Hill in rural Greene County, North Carolina, completing his ballot at the table in front of his house and dropping it in the mail has been a ritual in every presidential, general, or local election since 2008.
But as the state heads toward the November 3 midterm elections, Jones says keeping up with the changing Requirements for voting by mail It has become increasingly complicated.
“Personally, I haven’t had any problems because I’m very careful to read all the instructions and follow them very, very carefully,” said Jones, 75, describing his experience over nearly two decades.
“But the authorities who set the rules don’t make it easy. It creates an overload of information, and you don’t know who to trust or who to believe. It’s a real mess,” he added in an interview with Enlace Latino NC .
Concerns and warnings
Jones's concern comes at a time when the Republican majority of the North Carolina State Board of Elections (NCSBE) has modified the guidelines for county boards to process mail-in ballots through two memos. about the shortcomings and delivery of ballots by mail.
The changes were approved on September 4, the same day the mailings began. ballots by mail.
The Republican majority on the Board maintains that the changes seek to align procedures with state law and apply uniform criteria across all 100 counties.
For example, unlike in previous elections, all boards must classify any unsealed inner envelope as an uncorrectable defect, void the ballot, and issue a new one.
Critics warn that the new requirements could increase the risk that eligible voters will have to replace their ballots or correct problems against the clock.
The changes also affect a modality with a marked partisan difference.
The analysis done by Enlace Latino NC Using NCSBE data shows that Democrats cast more mail-in ballots than Republicans in the 2022 and 2024 general elections. That gap is even wider so far in 2026.
Democrats use mail-in voting more than Republicans.
NCSBE's election history records show marked differences by party affiliation among those who have used mail-in voting in recent elections.
In the 2022 midterm elections, of the 187,746 ballots cast by mail, 82,960, or 44.19%, were from Democratic voters; 69,046, or 36.78%, from unaffiliated voters; and 35,106, or 18.70%, from Republican voters, according to the analysis by Enlace Latino NC of the electoral history records of the Board.
For 2024 general electionThe number of mail-in ballots increased to 298,076. Unaffiliated voters represented the largest group, with 115,629 ballots, or 38.79%; followed by Democrats, with 103,759, or 34.81%. Republicans submitted 76,097 mail-in ballots, or 25.53%.
Thus, although Democrats were not the largest group among those who voted by mail in 2024, they did cast more mail-in ballots than Republicans in both 2022 and 2024.
That difference has become more pronounced so far in the current cycle.
For 2026 midterm electionsOfficial data as of September 24 shows that, of the 10,330 mail-in ballots processed up to that date, Democrats represented 47.24%, with 4,880 votes. Unaffiliated voters accounted for 37.56%, with 3,880 votes; and Republicans, 14.96%, with 1,545 votes.
The data represents an early snapshot of the election, and the partisan distribution may change as the cycle progresses.
What changes for mail-in ballots
The new directives change how the election boards in the 100 counties must handle certain absentee ballots when they are returned.
One of the changes affects ballots that arrive with the inner envelope unsealed.
Under the new instructions, those ballots must be voided and the county must issue a new one to the voter.
Another change affects who can personally deliver a ballot. A voter can ask a close relative or legal guardian to deliver it on their behalf. A person with a disability who needs assistance can choose someone else.
But if election officials have direct knowledge that the ballot was delivered by an unauthorized person, it can be invalidated and the voter would have to cast a new one.
A third change eliminates the explicit prohibition that existed on signature verification and requires county staff to review the signature on the application to confirm that it matches the name of the registered voter.
Related: North Carolina proposes changes to mail-in voting: Here's what you need to know
They advocate for new guidelines
The Republican majority of the NCSBE defends the new directives as necessary measures to align administrative procedures with state law and ensure uniform treatment of votes.
Angela Hawkins, a Republican member of the Board, argued during the Board meeting on September 4 that requiring the ballot to be sealed in the corresponding envelope was not a decision of the Board, but a requirement. established by the General Assembly.
“We don’t make the law here. Our job is to put it in a format that our counties, our directors, our staff across the state, and the citizens can understand,” Hawkins said.
For her part, Siobhan O'Duffy Millen, a Democratic member of the Board, questioned during the same meeting whether the changes were merely administrative.
“This does affect the voter,” Millen said. “It may not affect them while they’re filling it out, but it does affect whether their ballot counts.”
Dfederal mandate
The Board's decision quickly went to court. On September 22, the North Carolina Alliance for Retired Americans, North Carolina Asian Americans Together, and Down Home North Carolina, along with voters Raquel Nelson and Vaeme Afokpa, filed a lawsuit in the United States District Court for the Middle District of North Carolina.
The plaintiffs argue that the new policies may invalidate ballots due to technical errors unrelated to the voter's eligibility.
Furthermore, they allege that part of the procedure violates the so-called Materiality Provision of the Civil Rights Act of 1964 and the constitutional guarantees of due process and equal protection.
The lawsuit asks a federal judge to block the policies for the 2026 election and beyond.
The firms under scrutiny
One of the disputes centers on how the signatures should be examined.
The Board's memorandum states that, if a voter's signature exists, officials must check if it matches the name of the person to whom the application was assigned.
It also states that an illegible signature does not in itself constitute a deficiency. Unless there is clear evidence to the contrary, officials must presume that the signature belongs to the voter.
The plaintiffs, however, argue that the new instructions allow for a degree of review that was previously expressly restricted.
Furthermore, they do not offer sufficiently clear standards to ensure that all 100 counties treat firms in the same way.
Patrick Gannon, the NCSBE's director of information, responded to Enlace Latino NC Because it is a pending lawsuit, they generally do not comment on the case.
Concern for older voters
The plaintiffs argue that certain voters may face greater difficulties with the new procedures, including older adults and people with disabilities.
“Voters with disabilities and older voters are more likely to use mail-in voting because they are less likely to be able, or want, to go to a polling place,” Harris Klein, senior voting rights attorney at the Southern Coalition for Social Justice, told Enlace Latino NC .
Organizations involved in the litigation also argue that complex instructions may create additional difficulties for some of these voters.
Concern among young voters
In addition to the group of older and disabled voters, there are young people like Raquel Nelson, a 19-year-old college student in Greensboro who does not own a vehicle.
According to the lawsuit, Nelson relies on voting by mail due to his academic schedule and transportation difficulties.
A similar concern is expressed by Vaeme Afokpa, a 41-year-old Durham County resident and mother who works as an international engagement leader.
Due to her frequent work travel and childcare responsibilities, Afokpa planned to vote by mail.
You may be interested: Where and how to vote before Election Day in North Carolina?
Fears over ICE deployment
Klein said the Southern Coalition for Social Justice also has special concern this year for Latino voters.
According to the lawyer, the organization has heard from people this year who prefer to vote by mail rather than go to a polling place due to the current context of immigration enforcement, including fears of ICE deployments near polling places.
La federal law prohibits the presence of law enforcement at polling places and state directives They advise against it to avoid the perception of surveillance.
However, unease persists after President Trump He did not rule out resorting to the National Guard or ICE. if it were “necessary” to guarantee “honest elections”.
The lawyer also noted that the complexity of the instructions may pose an additional difficulty for some voters whose first language is not English.
“The instructions for absentee voting by mail must be followed exactly to ensure that the ballot is counted,” Harris Klein said.
“People who speak English as a second language might have more difficulty with that than others,” he noted.
The Southern Coalition for Social Justice recommends that those who need linguistic assistance turn to election protection organizations.
You can also call the nonpartisan hotline 1-888-OUR-VOTE, which can connect voters with assistance in Spanish.
The Electoral Board recommends carefully reading the instructions, returning the ballot well in advance, and using BallotTrax to follow its journey.
Anyone who requests a ballot by mail but does not return it can vote in person during early voting or on election day.
For Jones, however, the concern goes beyond simply filling out a form correctly. He questions the erosion of basic trust between institutions and citizens.
“It makes the process a little intimidating for some people,” Jones said. “It creates anxiety in some voters and makes them feel insecure about the process,” he concluded.
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