The North Carolina State Board of Elections (NCSBE) is proposing to change the rules for processing mail-in ballots when voters make unintentional mistakes while completing or preparing to mail their ballot.
If approved for the 2026 electionSituations that are currently resolved administratively would require additional procedures on the part of the voter, increasing the risk that votes from eligible people will not be counted due to technical issues.
As part of the process of developing these rules, the State Board of Elections will hold a public hearing on July 16 in its boardroom, located in the Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603.
Likewise, the deadline for submitting public comments on the proposed rules related to the absentee ballot —and only on those provisions— will remain open until July 16.
The change worries civil rights organizations such as Common Cause and Democracy North Carolina, which warn that the new rules would especially affect those who depend on the absentee voting to exercise their right to vote, including senior citizens, people with disabilities, voters with limited English proficiency, and workers who have difficulty getting to the polls on election day.
“More obstacles for those who vote by mail”
In an interview with Enlace Latino NC , Tyler Daye of the organization Common CauseHe asserted that the new provisions do not respond to a proven need and, on the contrary, would complicate a process that already requires multiple requirements.
“I believe these rules are ultimately unnecessary and could make the process more difficult for those who vote by mail. Essentially, they add more obstacles for voters who want to cast their ballots that way,” he said.
At present, Voting by mail in North Carolina requires completing several steps.These requirements include obtaining the signature of two witnesses or a notary, as well as including a copy of a valid identification document where applicable.
For Common Cause, adding new procedures for unintentional errors increases the risk that legitimate votes will be rejected due to technical issues.
“The more steps you add, the greater the difficulties become. This simply increases the likelihood that eligible voters will have their ballots rejected on a technicality,” Tyler explained.
Related: Legislative measure proposing changes to North Carolina's electoral process is moving forward
The change that the debate generates: from “anomaly” to “deficiency”
One of the central aspects of the proposal modifies the way in which electoral boards classify certain errors made when preparing and sending the mail-in ballots.
Under current rules, various errors in sending ballots are considered "anomalies," as long as they arrive inside a sealed and intact outer envelope, demonstrating that the chain of custody was maintained.
In those cases, the electoral board processes the vote normally without requiring any additional action from the voter.
The proposal for 2026 suggests that many of those same errors be reclassified as “deficiencies”.
That would mean the vote would be paused until the voter completes an affidavit to confirm the validity of their ballot before the official count.
In practice, situations that are currently resolved administratively would require an additional procedure on the part of the voter.
Common mistakes that would change treatment
Among the most frequent cases identified by civil organizations are:
- Forgetting to place the ballot in the inner envelope and putting it directly into the outer envelope. Currently, the vote is counted; under the new rule, the voter would have to submit a sworn statement.
- Accidentally swapping envelopes within the same family, for example between spouses, could cause problems. Currently, election boards can verify the identity of both voters and count the ballots. Under the proposal, both would have to complete separate affidavits.
- Place the ballot inside the sleeve designated for the identification exception form. Currently, the authorities can retrieve the contents and process the vote; under the new rule, this would also become a deficiency requiring formal correction by the voter.
Related: Constitutional amendment on ID for mail-in voting will be on the ballot in 2026
“There is no security justification”
The Organization Democracy North Carolina He also filed a formal objection to the proposal.
In a statement to Enlace Latino NC He argues that the current rules, established through Memorandum 2021-03, already offer clear and secure procedures to handle these types of situations without affecting the right to vote.
“In all these cases, the ballot arrived intact and the voter’s intent is clear. There is no evidence of abuse, nor that the current guidance failed, nor any justification related to election security for treating these anomalies as if they were deficiencies,” the organization stated.
For Democracy NC, turning these administrative errors into deficiencies adds barriers without providing any demonstrable benefits for election security.
Who would be most affected?
Both organizations agree that the consequences would fall mainly on communities that historically face greater obstacles to participating in elections.
Among the groups that could be most affected are:
- Older adults.
- People with physical disabilities or limited mobility.
- Citizens with limited English proficiency who may face difficulties in completing additional documentation.
- Residents of rural areas or people confined to their homes.
- Families displaced by natural disasters, for whom moving back to an electoral office can be especially complicated.
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Recommendations for protecting mail-in ballots
While the evaluation process for these proposals continues, civil rights organizations recommend taking precautions to reduce the risk of problems when voting by mail.
Vote well in advance. Submitting the ballot early leaves room to correct any problems if the electoral board detects any deficiencies.
Don't wait until the last minute to send it. In previous elections, postal service delays were reported. For civilian voters, the ballot must be physically at the election board before 7:30 p.m. on election day. If it arrives after the deadline, it will not be counted.
Consider delivering it in person. The voter, or a close relative authorized by law, can deliver the envelope directly to the county Board of Elections office, reducing the possibility of mail delays.
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