The State Board of Elections invites the public to comment on proposed administrative rules related to election observers, election protests, and recounts. Versions of these rules were in effect as temporary rules during last year’s general election, and the State Board is proposing to make those rules permanent, under procedures in state law for government agencies to enact rules. The public comment period opens Monday, Feb. 17, 2025, and closes on April 21, 2025.
Proposed 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 election observer rules. These rules were successfully implemented in the 2024 primary, second primary, and general election. They expired in late 2024. On Jan. 22, 2025, the State Board voted to propose these temporary rules as permanent rules.
Information and links to the proposed rules are available below:
- Challenge to the Appointment of an Observer (08 NCAC 20 .0101) (PDF) describes the process for county boards of elections to hear challenges to an observer for good cause, and for appeals of those challenge decisions. Observers (N.C.G.S. § 163-45.1) requires such a process to be established.
- Appeal of Removal of an Observer from a Voting Site (08 NCAC 20 .0102) (PDF) describes the process for the party that appointed an observer to appeal the removal of an observer from a voting site. Observers (N.C.G.S. § 163-45.1) requires such a process to be established.
- Identification of Observers (08 NCAC 20 .0103) (PDF) requires every observer serving at a voting site to wear an identification tag to inform voters and election officials of the observer’s role in the voting place. Observers (N.C.G.S. § 163-45.1) authorizes such an identification requirement.
Members of the public may comment on the rules in any of the following ways through 11:59 p.m. April 21.
- Online: Public Comment Portal: Permanent Election Observer Rules
- Email: rulemaking.sboe@ncsbe.gov
- Mail: Attn: Rulemaking Coordinator, PO Box 27255, Raleigh, NC 27611-7255
- Public Hearing: An in-person public hearing will be held at 10 a.m. March 6 at the State Board of Elections Office on the Third Floor of the Dobbs Building at 430 N. Salisbury St., Raleigh, NC 27603.
Proposed 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.
Information and links to the proposed rules are available below:
- 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.
- 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.
- 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.
Members of the public may comment on the rules in any of the following ways through 11:59 p.m. April 21.
- Online: Public Comment Portal: Permanent Protest and Recount Rules
- Email: rulemaking.sboe@ncsbe.gov
- Mail: Attn: Rulemaking Coordinator, PO Box 27255, Raleigh, NC 27611-7255
- Public Hearing: An in-person public hearing will be held at 10 a.m. March 6 at the State Board of Elections Office on the Third Floor of the Dobbs Building at 430 N. Salisbury St., Raleigh, NC 27603.
Comments on all of the rules will be compiled and provided to the State Board before its final consideration of the rules, which will take place at a public meeting after the end of the comment period. The Rules Review Commission would then consider the proposed rules for final adoption.
For more information about the rulemaking process, please visit Rulemaking.