Author: Karen Brinson Bell, Executive Director
[Updated on Sept. 22, 2020; revised on Oct. 17, 2020, in light of orders in Democracy NC v. North Carolina State Bd. of Elections, No. 20-cv-457 (M.D.N.C.) and NC Alliance for Retired Americans v. North Carolina State Bd. of Elections, No. 20-CVS-8881 (Wake Cty. Sup. Ct.). Rescinded on June 11, 2021.]
County boards of elections have already experienced an unprecedented number of voters seeking to vote absentee-by-mail in the 2020 general election, making statewide uniformity and consistency in reviewing and processing these ballots more essential than ever. County boards of elections must ensure that the votes of all eligible voters are counted using the same standards, regardless of the county in which the voter resides.
This numbered memo directs the procedure county boards must use to address deficiencies in absentee ballots. The purpose of this numbered memo is to ensure that a voter is provided every opportunity to correct certain deficiencies, while at the same time recognizing that processes must be manageable for county boards of elections to timely complete required tasks.1
No Signature Verification
The voter’s signature on the envelope shall not be compared with the voter’s signature on file because this is not required by North Carolina law. County boards shall accept the voter’s signature on the container-return envelope if it appears to be made by the voter, meaning the signature on the envelope appears to be the name of the voter and not some other person. Absent clear evidence to the contrary, the county board shall presume that the voter’s signature is that of the voter, even if the signature is illegible. A voter may sign their signature or make their mark. The law does not require that the voter’s signature on the envelope be compared with the voter’s signature in their registration record. See also Absentee Requests Forms: Numbered Memo 2020-15, which explains that signature comparison is not permissible for absentee request forms.
Types of Deficiencies
Trained county board staff shall review each executed container-return envelope the office receives to determine if there are any deficiencies. County board staff shall, to the extent possible, regularly review container-return envelopes on each business day, to ensure that voters have every opportunity to correct deficiencies. Review of the container-return envelope for deficiencies occurs after intake. The initial review is conducted by staff to expedite processing of the envelopes.
Deficiencies fall into two main categories: those that can be cured with a certification and those that cannot be cured. If a deficiency cannot be cured, the ballot must be spoiled and a new ballot must be issued, as long as the ballot is issued before Election Day. See section 3 of this memo, “Voter Notification.”
Deficiencies Curable with a Certification (Civilian and UOCAVA)
The following deficiencies can be cured by sending the voter a certification:
- Voter did not sign the Voter Certification
- Voter signed in the wrong place
- Witness or assistant did not print name2
- Witness or assistant did not print address3
- Witness or assistant signed on the wrong line
This cure certification process applies to both civilian and UOCAVA voters.
Deficiencies That Require the Ballot to Be Spoiled (Civilian)
The following deficiencies cannot be cured by certification:
- Witness or assistant did not sign
- Upon arrival at the county board office, the envelope is unsealed
- The envelope indicates the voter is requesting a replacement ballot
If a county board receives a container-return envelope with one of these deficiencies, county board staff shall spoil the ballot and reissue a ballot along with a notice explaining the county board office’s action, in accordance with section 3 of this memo, “Voter Notification.”
Deficiencies That Require Board Action
Some deficiencies cannot be resolved by staff and require action by the county board. These include situations where the deficiency is first noticed at a board meeting or if it becomes apparent during a board meeting that no ballot or more than one ballot is in the container-return envelope. If the county board disapproves a container-return envelope by majority vote in a board meeting due to a deficiency, it shall proceed according to the notification process outlined in section 3 of this memo, “Voter Notification.”
Voter Notification
Issuance of a Cure Certification or New Ballot
If there are any deficiencies with the absentee envelope, the county board of elections shall contact the voter in writing within one business day of identifying the deficiency to inform the voter there is an issue with their absentee ballot and enclosing a cure certification or new ballot, as directed by section 2. The written notice shall also include information on how to vote in-person during the early voting period and on Election Day.
The written notice shall be sent to the address to which the voter requested their ballot be sent.
If the deficiency can be cured and the voter has an email address on file, the county board shall also send the cure certification to the voter by email. If the county board sends a cure certification by email and by mail, the county board should encourage the voter to only return one of the certifications. If the voter did not provide an email address but did provide a phone number, the county board shall contact the voter by phone to inform the voter that the county board has mailed the voter a cure certification.
If the deficiency cannot be cured, and the voter has an email address on file, the county board shall notify the voter by email that a new ballot has been issued to the voter. If the voter did not provide an email address but did provide a phone number, the county board shall contact the voter by phone to inform the voter that the county board has issued a new ballot by mail.
A county board shall not reissue a ballot on or after Election Day. If there is a curable deficiency, the county board shall contact voters up until the day before county canvass.
Receipt of a Cure Certification
The cure certification must be received by the county board of elections by the deadline for receipt of absentee ballots. The cure certification may be submitted to the county board office by fax, email, in person, or by mail or commercial carrier. If a voter appears in person at the county board office, they may also be given, and can complete, a new cure certification.
The cure certification may only be returned by the voter, the voter’s near relative or legal guardian, or a multipartisan assistance team (MAT). A cure certification returned by any other person is invalid. It is not permissible for a cure certification to be submitted through a portal or form created or maintained by a third party. A cure certification may not be submitted simultaneously with the ballot. Any person who is permitted to assist a voter with their ballot may assist a voter in filling out the cure certification.
County Board Review of a Cure Certification
At each absentee board meeting, the county board of elections may consider deficient ballot return envelopes for which the cure certification has been returned. The county board shall consider together the executed absentee ballot envelope and the cure certification. If the cure certification contains the voter’s name and signature, the county board of elections shall approve the absentee ballot. A wet ink signature is not required, but the signature used must be unique to the individual. A typed signature is not acceptable, even if it is cursive or italics such as is commonly seen with a program such as DocuSign.
Late Absentee Ballots Voters
Voters whose ballots are not counted due to being late shall be mailed a notice stating the reason for the deficiency. A late civilian ballot is one that received after the absentee-ballot receipt deadline by (1) 5 p.m. on Election Day or (2), if postmarked on or before Election Day and received by mail by the deadline for receipt of postmarked ballots. Late absentee ballots are not curable.
If a ballot is received after county canvass the county board is not required to notify the voter.
1 This numbered memo is issued pursuant to the State Board of Elections’ general supervisory authority over elections as set forth in G.S. § 163-22(a) and the authority of the Executive Director in G.S. § 163-26. As part of its supervisory authority, the State Board is empowered to “compel observance” by county boards of election laws and procedures. Id., § 163-22(c).
2 If the name is readable and on the correct line, even if it is written in cursive script, for example, it does not invalidate the container-return envelope.
3 Failure to list a witness’s ZIP code does not require a cure. G.S. § 163-231(a)(5). A witness or assistant’s address does not have to be a residential address; it may be a post office box or other mailing address. Additionally, if the address is missing a city or state, but the county board of elections can determine the correct address, the failure to list that information also does not invalidate the container-return envelope. For example, if a witness lists “Raleigh 27603” you can determine the state is NC, or if a witness lists “333 North Main Street, 27701” you can determine that the city/state is Durham, NC. If both the city and ZIP code are missing, staff will need to determine whether the correct address can be identified. If the correct address cannot be identified, the envelope shall be considered deficient and the county board shall send the voter the cure certification in accordance with section 3, “Voter Notification.” See Witness or Assistant Address Issues on the Absentee Container-Return Envelope: Numbered Memo 2020-29 for additional information regarding address issues.
↓ Absentee Container-Return Envelope Deficiencies: Numbered Memo 2020-19 (PDF)