Local election boards in the state will have more reasons to discard mail-in ballots under a new proposal approved Monday, July 20, by the North Carolina State Board of Elections (NCSBE).
Using the wrong type of envelope, or failing to seal an inner envelope even if it's inside another sealed envelope, are now among the mistakes that can lead to a ballot be discarded.
The rule was approved by a 3-2 vote, with Republicans in favor and Democrats against. Board Chairman Francis X. De Luca and members Stacy Eggers IV and Angela Hawkins voted in favor; Siobhan Millen and Jeff Carmon voted against.
Republicans said the change appears to be permitted under state law and that the new rules are necessary to protect election security.
Democrats responded that the changes would likely not stop fraud, but would prevent legitimate voters' ballots from being counted due to simple, good-faith mistakes.
Three categories of errors, three distinct consequences
The rules approved on Monday categorize the problems a [company/organization] may have absentee ballot in three categories, each with different treatment for the voter:
- "Correctable" deficiencies, such as the lack of a voter's signature, allow the county board to notify the voter and give them 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 before the election.
- Irregularities, which must be documented but do not require any additional action on the part of the voter.
The board's lawyer, Adam Steele, who filed the revisions, said this classification seeks to clarify a process that previously generated inconsistencies between counties.
The rules also require staff to record in writing each time a voter is notified of a problem with their ballot.
Related: North Carolina proposes changes to mail-in voting: Here's what you need to know
The unsealed envelope
One of the most controversial provisions addresses what happens when a voter's ballot arrives unsealed inside the "return container envelope".
Under the approved rule, this flaw is treated as an uncorrectable deficiency. That is, if a ballot arrives unsealed inside that inner envelope, it must be voided and a new ballot issued to the voter. This is instead of sealing it, as was done in the past, or allowing the voter to correct the error.
Hawkins, who introduced the motion to adopt the rules, said the void-and-resubmit process better protects the security of the vote and gives voters more choice.
“It’s faster to void and reissue,” he said, adding that the previous practice of resealing, created by a numbered state memo rather than by law, left ballots “held for eight days,” only for voters to learn later, sometimes the day before the election, that the ballot was beyond remedy.
Eggers, who voted with the majority, said the rule strikes “a reasonable balance between security and access to voting.”
Eggers noted that county boards can contact voters by phone, email, or mail, or allow them to vote in person if any problems arise.
The two dissenting voices
Millen voted against it, arguing that the new process adds an extra step for voters whose ballots arrive close to the Election Day.
“Voiding and returning doesn’t make sense at that point,” Millen said. Later in the debate, he called the distinction between the “return container envelope” and the return outer envelope confusing for voters.
“I think we’re going to lose perfectly valid ballots by being too picky,” Millen said.
Carmon, the other dissenting vote, said he strongly disagrees that the rules should be clear about what is expected of the voters or how they can try to correct their mistakes.
He said that some of the rules required a law degree to truly understand. He offered to work with his Republican colleagues to rewrite them, but none accepted.
Carmon also cited his concern for rural voters who rely on the postal service.
“Our mail system isn’t as efficient as it used to be,” he said, adding that instructions with multiple envelopes could overwhelm older voters.
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Next steps: early voting plans
The rules are not yet in effect: they must be approved by the state's Rules Review Commission, made up of Republican political appointees.
Eggers said last week that he expects the commission to approve the changes.
The board also discussed scheduling a separate meeting to review the counties' early voting plans.
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