Author: Karen Brinson Bell, Executive Director
The North Carolina Department of Health and Human Services (DHHS) has issued the enclosed Interim Guidance for Election Voting Locations. County boards of elections shall follow the guidance, which is incorporated into this numbered memo and replaces the previous guidance from DHHS in DHHS Interim Guidance for Election Voting Locations: Numbered Memo 2020-18.
Also included in this numbered memo are answers to frequently asked questions regarding the ongoing COVID-19 pandemic and precautions for the 2021 municipal elections. Because there is not a statewide stay at home order or universal mask mandate in place at this time, rules and regulations may differ depending on county policies, municipal ordinances, and restrictions imposed by private businesses.
Answers to Frequently Asked Questions Regarding COVID-19 and the 2021 Municipal Elections
My county requires proof of vaccination or weekly COVID testing for all employees (including seasonal and temporary workers), volunteers, and contract workers. Precinct judges in our county are considered contract workers. Can they be required to provide proof of vaccination or submit to weekly testing?
No, precinct judges and other Election Day officials (such as precinct assistants) who are appointed by the county board of elections cannot be required to be vaccinated or submit to weekly COVID testing, even if they are considered contract or temporary employees by the county for HR and/or tax purposes. State law prescribes the requirements for appointment as precinct chief judges and judges (G.S. § 163-41), precinct assistants (G.S. § 163-42) student election assistants (G.S. § 163-42.1), and ballot counters (G.S. § 163-43), and a local ordinance or resolution cannot add additional qualifications to those statutory requirements. However, because one-stop workers are considered employees of the county board of elections by statute (G.S. § 163-227.6(a)), any vaccination or COVID testing requirements that apply to county employees do apply to one-stop workers and other employees of the county board of elections who are not appointed as election day precinct officials. If you have questions about a county or municipal policy, resolution, or ordinance, please contact the county or town attorney.
Can voters be required to wear masks as a condition of entry into the voting place?
No, a voter cannot be turned away for refusing to wear a mask while voting. Voters should be encouraged to wear a mask and all voting locations should offer free masks for voters, but they cannot be turned away if they do not wear one.
Voters who state that a medical exception applies may vote curbside if they wish, but they are not required to do so. If a voter refuses to wear a mask and does not indicate that an exception to wearing a mask applies, they are not eligible to vote curbside if they do not meet one of the other criteria to vote curbside. See Curbside Voting: Numbered Memo 2020-20.
Can voters be required to submit to a temperature or symptom check before entering the voting place?
Because voters cannot be turned away from voting or denied entry to the voting place if they have a fever or other symptoms of illness, voters shall not be asked to submit to a temperature check before entering the voting place. If a voting site generally requires all non-voters to wear masks and submit to temperature screenings prior to entering the building, or if a municipality enacts the same requirements for all municipal-owned buildings, the voting place within the affected building may be sectioned off so that voters, who do not go through the checks, are not able to enter other areas of the building.
Can poll workers and observers be required to wear masks in the voting place?
Poll workers and observers can be required to wear masks in the voting place if the building requires it. For example, if the polling site is located within a school and that school district requires masks to be worn by students, staff, and visitors, then poll workers and observers must wear masks inside that building. If a town government requires masks to be worn inside all municipal buildings, and the polling location is in a public library owned by the town, then poll workers and observers are required to wear masks inside that building as well. However, voters cannot be required to wear a mask to enter the building.
Can voters who are experiencing symptoms of COVID-19 vote curbside?
Yes, Curbside Voting: Numbered Memo 2020-20 remains in effect. The term “disability” includes voters who have a medical condition that puts them increased risk of contracting COVID-19, should not wear a mask due to a medical or behavioral condition or disability, or are experiencing symptoms of COVID-19.
May hand sanitizer or other supplies provided to the county boards of elections be used for this or future elections?
Yes, State Emergency Management has indicated that hand sanitizer and supplies previously deployed may be used for any event you choose. If the hand sanitizer product has surpassed its expiration date, it can still be used but it may have a lower efficacy after the “best by” date.
[Download the PDF below for the NCDHHS-issued Interim Guidance for Election Voting Locations attachment.]
↓ DHHS Interim Guidance for Election Voting Locations and COVID: Numbered Memo 2021-08 (PDF)