The North Carolina State Board of Elections (NCSBE) on Thursday approved several changes regulating the approval of provisional ballots and rules at polling places.
One of the measures eliminates the requirement for unanimity among county election boards to reject a provisional ballot for lack of a photo ID.
Another one establishes restrictions on the use of amplified sound near the polling stations.
Both were approved by a vote of 3 to 2, with the support of the three Republican members and the rejection of the two Democrats.
The rules will now go to the North Carolina Rules Review Commission for evaluation.
Eliminate unanimity among electoral boards
According to the new rule, a simple majority of three of the five members would be sufficient to disqualify a provisional ballot for lack of photographic identification.
Currently, all county election boards are composed of three Republicans and two Democrats. In practice, the change will allow the three Republican members to reject a ballot without the support of the Democratic members.
Related: North Carolina proposes changes to mail-in voting: Here's what you need to know
Debate before the vote
During the debate, Democratic members Siobhan O'Duffy Millen and Jeff Carmon warned that the change could facilitate the rejection of provisional ballots.
Carmon stated that the amendment "fuels that lie" that there is significant fraud in the state's elections.
Republican members Angela Hawkins and Secretary Stacy “Four” Eggers IV defended the measure, arguing that the unanimity requirement was never contemplated in the state law on voter identification.
Eggers mentioned that it was a change previously established by the board itself in 2024 without going through the formal regulatory review process.
Secretary Sam Hayes maintained that the new rule conforms to the text of the current legislation.
Prohibition of amplified sound at polling stations
The board also approved adopting rules on polling places, including a ban on amplified sound near ballot boxes.
The general rule of conduct requires the presiding judge to maintain “peace and good order” by prohibiting audible noise within the polling place. It contains an exception for sound devices used for accessibility or emergencies.
In addition to the ban on amplified sound, the set of rules designates buffer zones and drive-through voting areas. It also establishes campaign zones that must border the buffer zone.
Debate before voting
Carmon, who voted against the package, said, “We are fueling a problem that doesn’t exist.”
Furthermore, he warned that the measure on banning amplified noise could discourage the enthusiasm of young voters who organize activities to encourage electoral participation.
Democrat O'Duffy Millen also voted against it because of the noise provision, although she said she agreed with the other measures in the package.
“I still think this is oppressive and repressive of free speech. And it’s vague. It remains vague, it adds too much subjectivity to the equation about how high is too high,” said O’Duffy Millen.
Eggers defended the measure by citing his experience working in election administration at the county level.
“There are times when the chief judge is called upon to maintain order and decorum within a precinct, and this provides statute-consistent tools for them to do so,” Eggers said.
Organizations warn of risks in new electoral rules
Civil rights organizations questioned the rules approved by the board, noting that they weaken bipartisan safeguards. of the electoral process.
Joselle Torres, of Democracy NC, said after the vote that it is “almost certain” that the number of rejected ballots will increase now that a single party majority is sufficient.
Tyler Day, program manager for Common Cause North Carolina, said he has more confidence when such decisions are made with “bipartisan agreement.”
Day also said that the sound rule is an overreach of authority.
“It eliminates the possibility of anyone using a sound amplification device outside of a polling station: a microphone, a speaker, or any amplification device,” he told Enlace Latino NC .
Torres added that the measure affects efforts to mobilize African American, Latino, and youth voters through activities such as "party at the polls."
“People want to feel like they’re having a good time, that they’re part of the community,” he mentioned. Enlace Latino NC .
“They want to feel like they are part of something, especially now that fear and racist tactics are taking over,” he added.
Related: Latino turnout was only 4.6% in North Carolina municipal elections: young people barely voted
Next steps
The rules, adopted with the vote of the board's Republican majority, must now be sent to the state's Rules Review Commission for final approval.
If approved, they would come into effect for the November midterm elections and beyond.
However, if the Commission receives 10 or more signed objection letters, the measure must be approved by the General Assembly.
Pending rules on voting by mail
The board also held a public hearing Thursday morning on a separate set of rules related to mail-in voting.
These rules about absentee ballot They have not yet been put to a vote.
If approved, they would establish a new process for county board staff to identify and handle deficiencies in mail-in ballots.
They classify the problems into three categories:
- "Remediable" deficiencies, such as the lack of a voter's signature, allow the voter to be notified and given the opportunity to correct the error.
- "Uncorrectable" deficiencies, such as the lack of a witness's signature, require the ballot to be cancelled and a new one issued if there is enough time.
- Finally, irregularities, which must be documented but do not require additional action from the voter.
Hilary Harris Klein, of the Southern Coalition for Social Justice, asked the board to maintain the ballot audit process without substantial changes.
“I think our analysis of the 2020 election, when it was first used, showed that nearly 20,000 eligible voters were able to correct their ballot, cast a new one, or vote in another way,” he told Enlace Latino NC .
“We have concrete data showing that this is working, which is crucial to guaranteeing fundamental due process for voters. Any change that makes voting more difficult is unjustified and could undermine that guarantee,” he added.
The board indicated it will review the comments received before deciding whether to adopt the rules. If approved, they would also have to go through the state Rules Review Commission.
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