Numbered Memo 2024-07: Election Law Changes for the 2024 General Election in Response to Helene

Guidance on the changes to election laws pertaining to voting in the November 2024 General Election, as a result of the impact of Hurricane Helene.

Author: Karen Brinson Bell, Executive Director

[Author]1

This numbered memo provides guidance on the changes to election laws pertaining to voting in the November 2024 General Election, as a result of the impact of Hurricane Helene. In response to the disaster, three new legal authorities have gone into effect: a State Board Emergency Order of Sept. 30, 2024 (PDF); a State Board Emergency Order of Oct. 7, 2024 (PDF); and N.C. Session Law 2024-51, enacted on Oct. 10, 2024.

1 This memo is issued under the authority delegated by the State Board to the executive director pursuant to G.S. § 163-22(p).

Table of Contents

  1. For All Counties: Receiving Hand-Delivered Absentee Ballots from Disaster-Affected Counties
    1. Where These Ballots Can Be Delivered
    2. Logging and Date-Stamping
    3. Daily Tally Report
    4. Transmitting Out-of-County Ballots to the Voter’s County
  2. Changes that Disaster-Affected Counties Must Follow
    1. Over-the-Counter Absentee Ballot Requests
    2. Over-the-Counter Reissued Ballots and Cures
    3. Out-of-County Election Observers
    4. Poll Worker Noncontact Constitutes a Vacancy
  3. Changes that the 25 Counties Affected by Helene May Make
    1. Early Voting Modifications
    2. Election Day Site Modifications
    3. Poll Worker Appointment
    4. Multipartisan Assistance Team Authority
    5. Absentee Meeting Flexibility
  4. Changes That the 13 Most-Affected Counties May Make
  5. Frequently Asked Questions

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  1. For All Counties: Receiving Hand-Delivered Absentee Ballots from Disaster-Affected Counties

    All 100 counties boards must accept absentee ballots from voters from the 25 disaster-affected counties, as set forth in Session Law 2024-51. These counties are: Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Clay, Cleveland, Gaston, Haywood, Henderson, Jackson, Lincoln, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Transylvania, Watauga, Wilkes, and Yancey.

    1. Where These Ballots Can Be Delivered2

      Absentee ballots from the 25 disaster-affected counties may be received by hand delivery at the following locations.

      • Any County Board Office: Such ballots can be delivered during business hours, and until 7:30 p.m. on Election Day.
      • State Board Office: Such ballots can be delivered during business hours, and until 7:30 p.m. on Election Day.
      • Any Early Voting Sites: Such ballots can be delivered at each early voting site at any time the early voting site is open for voting.

      Just like any other absentee ballot delivery, these ballots may be delivered by the voter, the voter’s near relative or legal guardian, or a person chosen by the voter to assist due to the voter’s disability.3

      Delivery of absentee ballots to Election Day voting sites is not permitted in any county.4 Voters attempting to deliver to an Election Day voting site out of county shall be directed to the county board office. If the voter is in county, the voter should be offered the opportunity to vote in person with a regular ballot, if in precinct, or with a provisional ballot, if outside of their precinct.

      Delivery by mail of an absentee ballot to a county board that did not issue the ballot is not permitted. If an absentee ballot is somehow received by mail at the wrong county and it is addressed to the correct county board office, then it should be placed back in the mail stream. If, however, an absentee ballot is received by mail and is somehow addressed to the incorrect county, then the ballot should be returned to sender.

    2. Logging and Date-Stamping5

      When a county or State Board receives an out-of-county absentee ballot from a disaster-affected voter — whether at the board office or an early voting site — the person delivering the ballot must complete a log sheet, just like when a voter within the county delivers their absentee ballot in person. Those log sheets, with all the required information, were distributed to the county boards by State Board staff on Friday, Oct. 11, 2024.

      The logs must be preserved by the county board or State Board producing the log. They are to be kept confidential until the polls open on Election Day, at which time they are public records.

      The county board or State Board must date stamp all ballot envelopes, or outer return envelope if the ballot envelope is sealed in the return envelope, at the time it is hand delivered, with the date they are delivered to the office or early voting site. The date stamp must also include the name of the county board receiving the out-of-county absentee ballot, either as part of the stamp itself or by the official writing the county board name on the envelope when adding the date stamp. The ballots received at an early voting site shall be delivered to the receiving county board’s office after the close of voting on the day that the ballots were received, so they may be transmitted to the impacted county in accordance with the instructions below. The ballots must be date stamped at the receiving county board office with the date of receipt at the early voting site, if they are not date stamped upon receipt at the early voting site.

    3. Daily Tally Report6

      Each county shall report daily to the State Board the number of out-of-county ballots it has received from disaster-affected voters during the previous day, identifying how many ballots are for each county. State Board staff sent a survey with this information on Oct. 14, 2024. County boards that receive out-of-county absentee ballots shall complete this survey every day until the day after Election Day.

    4. Transmitting Out-of-County Ballots to the Voter’s County

      Each county board or State Board that receives out-of-county absentee ballots under these procedures — either at the office or at an early voting site — must initiate delivery of the ballots to the county that issued the ballots within 1 business day of receipt. County boards cannot hold these ballots and send them all together after Election Day. Delivery must be made by one of the following methods: trackable mail, commercial delivery service, or delivery by a staff member of the county board or State Board.

      If delivery is made by trackable mail or commercial delivery service, the absentee ballot envelopes must be sent in an envelope or package specific to that service, rather than simply putting the ballot package in the mail, to ensure that the home county knows the absentee ballot was transmitted by the sending county board. After mailing the absentee ballots, the sending county board should notify the home county by email of the mailing, the number of ballots in the package, and the tracking number.

      If delivery is made by staff, transport of the voted absentee ballots shall be in a sealed, secure container, with clear documentation of the chain of custody.

      Counties may seek reimbursement from the State Board for the cost of delivering out-of-county absentee ballots. Such costs would need to be clearly documented.

      When the voter’s county ultimately receives absentee ballots through these procedures, that county must follow ordinary procedures for the receipt of absentee ballots at the office. This includes checking in the ballots (and noting the receipt date for the ballot as the date stamped by the sending county board), and scheduling those ballot envelopes for review at the next county board absentee meeting, unless there are deficiencies that require correction before the ballot may be considered by the board, as explained in Absentee Container-Return Envelope Deficiencies: Numbered Memo 2021-03.

  2. Changes that Disaster-Affected Counties Must Follow

    This section discusses the election procedure changes that the 25 disaster-affected counties must follow under Session Law 2024-51.

    1. Over-the-Counter Absentee Ballot Requests7

      Each of the 25 disaster-affected counties must allow any county voter, the voter’s near relative or legal guardian, or a person chosen by the voter to assist due to the voter’s disability, to request and receive an absentee ballot in person at the county board office when the office is open. This service shall be available until 5 p.m. on the day before Election Day. If the volume of such requests and staff unavailability makes it impossible to process all absentee requests immediately, the county board may ask that voters/requesters return at a later time that day, providing an estimated time when the ballots will be available.

      For any voter/requester who appears at the county board office during business hours requesting an absentee ballot, the county board must offer each such voter/requester the option to receive the absentee ballot over the counter, rather than wait for them to request it. The voter/requester may opt to receive the ballot by hand or to wait for mail delivery.

      The county board shall maintain a log of these requests and in-person pickups. That log sheet, with all the required information, was distributed to the county boards by State Board staff on Friday, Oct. 11, 2024. An absentee ballot request made on behalf of a voter under this provision is incomplete unless the requester’s signature is included in the log. For this reason, if a requester fails to sign the log, county board staff must inform the requester that the ballot cannot be issued without a signature.

      This log is confidential and is not a public record until the polls open on Election Day.

    2. Over-the-Counter Reissued Ballots and Cures8

      Each of the 25 disaster-affected counties must allow any county voter, the voter’s near relative or legal guardian, or a person chosen by the voter to assist due to the voter’s disability, to retrieve a reissued absentee ballot (following a spoil) or an absentee cure letter at the county board office. If the initial ballot has not yet been spoiled, and the request is being made at the county board office for the ballot to be spoiled, the request to spoil the initial ballot must come from the voter only. Once the voter has authorized the ballot to be spoiled, however, the voter’s near relative or legal guardian, or person chosen to assist due to the voter’s disability, may retrieve the reissued ballot for the voter.

      The county board shall maintain a log of these spoil/reissue and cure documentation pickups. That log sheet, with all the required information, was distributed to the county boards by State Board staff on Friday, Oct. 11, 2024. A cure under this provision is incomplete unless the individual picking up the cure documentation has signed the log. For this reason, if a person picking up the cure documentation fails to sign the log, county board staff must inform the person that the ballot will not be considered cured without the signature. This log is confidential and is not a public record until the polls open on Election Day.

    3. Out-of-County Election Observers9

      The chair of each political party in the 25 disaster-affected counties is permitted to designate voters who are registered in any North Carolina county as site-specific or at-large election observers, not just registered voters from the county, as set forth in G.S. 163-45.1(b).

    4. Poll Worker Noncontact Constitutes a Vacancy10

      Under the session law, if a poll worker for one of the 25 disaster-affected counties — whether appointed for early voting or Election Day — fails to return contact or confirm availability to serve with the county board, this constitutes a vacancy. This permits the chair of the board to appoint a replacement under G.S. 163-41(d). County board chairs are reminded of the requirement to consult with the affected political party in filling vacancies, if at all possible, and to appoint a replacement of the same political party of the vacating official. A good practice is to make these appointments during a board meeting, to promote transparency, if feasible.

  3. Changes That the 25 Counties Affected by Helene May Make

    The session law provides a number of measures that the 25 disaster-affected county boards can adopt. But these county boards are not required to adopt these measures.

    1. Early Voting Modifications11

      Any of the 25 disaster-affected counties are allowed to make the following changes to their early voting plans by a bipartisan majority vote:

      1. Substituting sites.
      2. Removing sites that are unusable. Before removing a site, the county board of elections shall make all feasible attempts to maintain the site or to substitute a site.
      3. Adding days that any site is open within the established early voting period.
      4. Reducing days that any site is open within the established early voting period.
      5. Extending hours that any site is open on any days within the established early voting period.
      6. Reducing hours that any site is open on any days within the established early voting period.

      Additionally, the 13 county boards subject to the State Board’s Oct. 7 resolution only are allowed to add sites to their total number of early voting sites.12

      For all 25 disaster-affected counties, if making any modifications, the county board must make written findings in a resolution that the modifications are required by the effects of the recent disaster and provide a copy of that resolution to the State Board.

      In making any modifications, the county boards shall seek to minimize, to the extent possible, any reduction in the overall number of hours available for voters to participate in early voting in the county. The uniform days and hours requirements of G.S. 163‑166.35 do not apply strictly but shall be observed to the greatest extent practicable.

      Any county board making a modification to their early voting plan must immediately notify the State Board and local media of the changes. County board staff should make reasonable efforts to post notice of such changes at as many disaster shelters and other places where disaster relief is provided to the general public within the county as possible.

    2. Election Day Site Modifications13

      Any of the 25 disaster-affected counties are allowed to make the following changes to their Election Day voting sites by a bipartisan majority vote:

      1. Transfer voters to another precinct, even if the receiving precinct is not adjacent if no adjacent precinct is available. The Executive Director of the State Board may approve the transfer of polling places, including polling places serving two or more combined precincts, provided the county board maintains voting data by precinct regardless of where that voter cast his or her ballot. The county board of elections shall maintain separate registration and voting records, so as to properly identify the precinct in which such voters reside, including separate tabulators for the voters of each of the combined precincts.
      2. Establish out‑of‑precinct polling places. Such a polling place may be located in another North Carolina county adjacent to the precinct, to be staffed and managed by the county board establishing the out‑of‑precinct polling place. Approval of the Executive Director of the State Board is required, consistent with G.S. 163‑130.1. Any polling place established under this provision may be co‑located with another. The county board shall maintain separate registration and voting records, so as to properly identify the precinct in which such voters reside, including separate tabulators for the voters of each of the combined precincts. The county board shall maintain voting data by precinct regardless of where that voter cast his or her ballot.
      3. Establish more than one polling place in a precinct. Such a polling place may be located in another North Carolina county adjacent to the precinct, to be staffed and managed by the county board establishing the additional polling place. In accordance with G.S. 163‑130.2, approval of the Executive Director of the State Board is required. Any polling place established under this provision may be co‑located with another precinct’s polling place, but the materials, tabulators, and voting processes shall be kept separate for each precinct's voters at that polling place.
      4. Allow the central transfer precinct to be used by any county voter on Election Day. If the county board codes its ballots by style, the county board shall write the precinct designation on the voter’s ballot, to facilitate the post‑election precinct sort. The county board shall follow the typical in-person voting procedures in G.S. 163‑166.7.

      For all 25 disaster-affected counties, if making any modifications, the county board must make written findings in a resolution that the modifications are required by the effects of the recent disaster and provide a copy of that resolution to the State Board.

      In making any modifications, the county board shall strive to maintain voting access as close to existing polling places as possible and should resort to establishing polling places outside of a precinct only as a last resort.

      Notice of any of these modifications shall be given to the impacted voters by mail and other forms of mass communication, including to any email address or phone number that the county board has for the impacted voter, to the extent practicable, as soon as possible after approval of the modification. The county board shall also cause the notice to be immediately delivered to all local media and the chairs of the county political parties and shall cause the notice to be posted on the county board’s website as soon as possible.

    3. Poll Worker Appointment14

      Any of the 25 disaster-affected counties are allowed to do the following with regard to poll worker appointment:

      1. Appoint any registered voter of the state who is otherwise eligible to serve as chief judge, judge, precinct assistant, student election assistant, or ballot counter, regardless of precinct or county of residence. This applies to Election Day and early voting sites.
      2. Reassign poll workers as needed to ensure there is sufficient knowledge and experience at each voting site.
      3. Administer the oath of office for a poll worker by electronic or telephonic means.

      If a poll worker fails to return contact or confirm availability to serve with the county board, this constitutes a vacancy. This permits the chair of the board to appoint a replacement under G.S. 163-41(d). County board chairs are reminded of the requirement to consult with the affected political party in filling vacancies, if at all possible, and to appoint a replacement of the same political party of the vacating official. A good practice is to make these appointments during a board meeting, to promote transparency, if feasible.

    4. Multipartisan Assistance Team Authority15

      A county board for any of the 25 disaster-affected counties may authorize its multipartisan assistance teams (MATs) to assist any eligible voter in requesting an absentee ballot, serve as witnesses to absentee ballots, or otherwise assist in the process of absentee voting as provided by the absentee voting statutes. In other words, these county boards may authorize MATs to serve voters other than those living in care facilities. This includes assisting with curing deficiencies with absentee ballots. These MATs may also take possession of and transmit to the county board office the completed ballot of any voter whom the MAT assists.

      Prior to authorizing a MAT to carry out this expanded role, the county board of elections, by bipartisan majority vote, shall establish guidelines for this activity. These guidelines shall include:

      1. Identifying where MATs are allowed to go to assist absentee voters. County boards should consider places where voters affected by the disaster are expected to congregate, such as disaster shelters and other locations where disaster relief is provided to the general public. Other potential sites that the county board could consider are town halls or other government facilities, libraries, or other locations that serve a broad cross-section of the general public. County boards must avoid the reality or appearance of the MATs being used for any party’s or candidate’s get-out-the-vote efforts.

        County boards may not authorize home visits by MATs, to avoid unequal allocation of MAT resources and potential risks to the safety of MAT members. Additionally, the first priority of MATs shall be to provide assistance at care facilities, as authorized by the General Statutes. The assignments of MATs under this additional authority shall not detract from MATs serving voters in care facilities, as has always been required.

      2. Requiring training on the rules for voter assistance. County boards shall adapt existing MAT training for use under these expanded authorities. All MAT members are required to be trained and to sign the declaration as provided in Training and Certification of Team Members (08 NCAC 16 .0103), in order to be certified to serve as a MAT member for the county board.
      3. Establishing how MATs shall document their assistance. County boards must instruct MATs to properly log their assistance activities, in accordance with Visits by Multipartisan Assistance Teams (08 NCAC 16 .0104(f)). If a MAT takes possession of a voted absentee ballot, it shall promptly transmit the ballot to the county board office, documenting the receipt and transmittal of the voted ballot. If a MAT member fails to sign the assistance section of the absentee envelope, that is not a ballot application deficiency that would require the ballot to be spoiled and reissued, as long as the county board can otherwise determine that assistance was provided by the MAT.

      MATs are not authorized to transmit or deliver blank ballots. MATs have never been authorized to do that, and neither the session law nor the State Board’s resolution authorize that practice.

      Additionally, for the 13 county boards subject to the State Board’s Oct. 7 resolution only, the county board may:

      1. Appoint MAT members who are registered voters of other North Carolina counties, and
      2. Appoint MAT members who are unaffiliated or affiliated with a minor political party by bipartisan majority vote, where there are insufficient registered voters to appoint to a MAT from each of the two political parties with the highest number of affiliated voters in the state.16

      Except as provided in this section (as authorized by Session Law 2024-51 or the State Board’s resolution), county boards and MATs must follow the applicable administrative code provisions governing MATs. See Multipartisan Assistance Teams (08 NCAC Chapter 16).

    5. Absentee Meeting Flexibility17

      The 25 disaster-affected county boards may reschedule their pre-Election Day absentee ballot meetings, when the normal schedule of those meetings would not be feasible for the members or staff of the county board, as a result of the disaster. Any rescheduled meetings should take place as soon as practicable. These county boards may also schedule additional absentee ballot meetings, if required as a result of the disaster. Notice for any rescheduled or additional meetings shall be provided at least 48 hours prior to the meeting, consistent with G.S. 143-318.12(b)(2).

  4. Changes that the 13 Most-Affected Counties May Make18

    The State Board’s Oct. 7 resolution included some additional provisions, not covered by Session Law 2024-51, for the 13 counties whose elections infrastructure was most severely affected by Hurricane Helene. These provisions are still in effect because they are not inconsistent with the session law.

    In particular, these counties may, by majority vote, authorize elections staff from another county or the State Board to carry out voter registration or any other administrative functions of the office. Additionally, the State Board has authorized the State Board staff to process voter registration applications for these counties, to include data entry and sending voter registration verification mailings, as needed.

  5. Frequently Asked Questions

    Here are answers to questions we have fielded from county boards about the disaster-related changes.

    1. If a county does not receive any ballots from the affected counties on any given day, should they still fill out the survey for the tally of out-of-county absentee ballots?

      Yes, this is to have a clear record on when ballots have been delivered.

    2. If a disaster-affected county modifies its early voting plan, does it have to maintain the uniform days and hours requirements?

      No, under the session law the uniform days and hours requirements do not apply strictly to these counties, but the law instructs that the uniform days and hours “shall be observed to the greatest extent practicable.”

    3. How does a disaster-affected county submit its resolution to change early voting or election day voting sites to the State Board?

      Submit the resolution(s) via a Help Desk ticket. State Board staff will review these resolutions and send to the Executive Director for approval, if that approval is required under the session law.

    4. How can voters who wish to serve as multipartisan assistance team (MAT) members or poll workers in the disaster counties sign up?

      Voters can contact the county board of elections where they are available to serve, or they can sign up through the State Board’s Democracy Heroes portal.

    5. Can county boards get funding for signs, banners, and other communications to inform voters of changes to voting sites? Temporary staff to help with disaster-related needs?

      Yes. Document these expenses and document the disaster-related need for these expenses. State Board staff will distribute instructions for submitting such expenses for reimbursement.

    6. If multiple precincts are co-located, they need separate tabulators, but do they also need separate poll books? Or could we use the OVRD feature that allows multiple precincts on a laptop?

      You could use either option. You just need to be able to check in voters to their appropriate precinct, provide them the appropriate ballot style, and record their voter history with the proper precinct. You will need to keep separate stacks for the completed ATV forms for each precinct’s voters, to permit observer review and to ensure proper recordkeeping for completing voter history.

    7. If we are informed that the post office cannot deliver a voter’s ballot due to storm damage, what should we do?

      Contact the voter and ask whether they want to retrieve their ballot at that post office or spoil the ballot and reissue it to another address where they can receive mail. If the voter chooses to spoil and reissue, ask the post office to return the spoiled ballot to the county board office. If the voter chooses to retrieve the ballot from the post office or you cannot reach the voter, the post office should retain that ballot to either resume delivery to the voter’s address, when that becomes possible, or have the voter retrieve the ballot, whichever occurs first.

2 S.L. 2024-51, sec. 9.1(a)(6).

3 Session Law 2024-51 did not specifically address delivery by a person assisting a disabled voter. However, a federal court decision from 2022 requires that all absentee voters who need assistance voting due to their disability may receive assistance from any person they choose. This includes assistance completing and delivering absentee ballot requests, and completing, witnessing, or delivering absentee ballots and ballot envelopes. See Numbered Memo 2022-11.

4 The State Board’s Oct. 7 resolution originally authorized in-person delivery of absentee ballots to Election Day voting sites in only the 13 disaster-affected counties identified in that resolution. However, Session Law 2024-51 authorized only the three specific methods of in-person delivery discussed above, beyond the methods of in-person delivery allowed for any voter under the statutes. Section 9.2(a)(3) of the session law states:

The provisions of the resolution adopted by the State Board of Elections on Oct. 7, 2024, not inconsistent with the provisions of this act shall continue in effect until amended by the State Board of Elections or the certification of the November 2024 election, whichever is sooner.

Because the State Board’s additional authorization of in-person delivery at an Election Day site is “inconsistent with” the session law, the session law applies and does not authorize this return method for the 13 counties identified in the State Board resolution.

5 S.L. 2024-51, sec. 9.2(a)(1). 6S.L. 2024-51, sec. 9.2(a)(1).

7 S.L. 2024-51, sec. 9.1(a)(8).

8 S.L. 2024-51, sec. 9.1(a)(9).

9 S.L. 2024-51, sec. 9.1(a)(10).

10 S.L. 2024-51, sec. 9.1(a)(1).

11 S.L. 2024-51, sec. 9.1(a)(4).

12 State Board Resolution of Oct. 7, 2024, sec. 1.a.

13 S.L. 2024-51, sec. 9.1(a)(5).

14 S.L. 2024-51, sec. 9.1(a)(1).

15 S.L. 2024-51, secs. 9.1(a)(7), 9.2(a)(2).

16 State Board Resolution of Oct. 7, 2024, sec. 6.

17 State Board Resolution of Sept. 30, 2024, sec. 1.

18 State Board Resolution of Oct. 7, 2024, sec. 7.

↓ Election Law Changes for the 2024 General Election in Response to Helene: Numbered Memo 2024-07 (PDF)

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