Rulemaking

Overview

Under Powers and duties of State Board of Elections (N.C.G.S. § 163-22), the State Board of Elections has general supervision over the primaries and elections in North Carolina. It also may make rules regarding elections and campaign finance provided they do not contradict the law. When rules are proposed, a public comment period and a public hearing about the rule takes place.

The Rules Review Commission reviews rules that the State Board adopts for compliance with the requirements in the Administrative Procedure Act (Chapter 150B of the N.C. General Statutes). For more about the Rules Review Commission, including a list of date of their upcoming meetings, visit N.C. Office of Administrative Hearings (NCOAH).

Two ways to be added to the list of interested parties for rule-making conducted by the State Board of Elections:

  1. Email: legal@ncsbe.gov
  2. Mail: P.O. Box 27255, Raleigh, NC 27611-7255

Rules in Progress

Permanent Election Observer Rules 

Section 7(b) of N.C. Session Law 2023-140 (Senate Bill 747), which took effect on Jan. 1, 2024, rewrote existing law governing election observers. The law requires the State Board to issue rules to address the following items: how to handle challenges to the appointment of observers brought by those who are authorized in statute to issue such challenges, how to handle appeals of those challenge decisions, how to handle appeals from a chief judge’s decision to remove an observer from service, and whether to require observers to wear identification badges so that voters and poll workers can identify them and their purpose at the polls. 

On Jan. 2, 2024, the State Board adopted three temporary rules regarding election observers. They took effect on Feb. 8, 2024, and expired according to law on Nov. 26, 2024.

These rules were successfully implemented in the 2024 primary, second primary, and general election. On Jan. 22, 2025, the State Board voted to propose these temporary rules as permanent rules:

Comment on the Proposed Permanent Observer Rules

Members of the public may comment on the rules in any of the following ways from Feb. 17, 2025, through April 21, 2025.

Permanent Election Protest and Recount Rules

The State Board of Elections is proposing amendments to rules governing election protests and recounts so that post-election proceedings are completed in a timely fashion. 

Lengthy gaps in the timelines for election protests and recounts can lead to unnecessary delays in the final certification of elections. In recent years, election protest decisions and appeals have led to delays in certification for weeks, or even months, after an election. Such delays could be especially problematic in a presidential election, because federal law sets a strict deadline for states to certify their selection of presidential electors, in advance of the Electoral College meeting.

Text of the proposed rules are available at the links below: 

  1. Actions of County Boards as to Election Protests (08 NCAC 02 .0110) (PDF) requires county boards of elections to hold a preliminary consideration meeting within two business days after a protest is filed. The preliminary consideration meeting is used to determine if the protest has enough merit to move to a hearing where evidence is presented. The decision on whether to move to a hearing would have to be issued within two business days of that meeting. This amendment also shortens the deadline to issue a written decision following a hearing, if needed, from five business days to three.
  2. First Recount (08 NCAC 09 .0107) (PDF) requires county boards of elections to schedule the first recount to begin within three business days of the demand for a recount.
  3. Secondary Recounts (08 NCAC 09 .0110) (PDF) requires county boards to schedule any hand recounts to start within two business days of a demand for a hand recount. 

Comment on the Proposed Permanent Protest and Recount Rules

Members of the public may comment on the rules in any of the following ways from Feb. 17, 2025, through April 21, 2025.

Procedure for Subjecting a Proposed Rule to Legislative Review

If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with Effective date of rules (N.C.G.S. § 150B-21.3(b2)) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in (b1). The Commission will receive written objections until 5 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at (984) 236-1850.

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