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

Proposed Temporary Changes to Rules About Election Protests and Recounts

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. The rules would be in effect on a temporary basis, to ensure that they can become effective before the general election.

Gaps in the current 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 three 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 and issue a written decision within two business days of that meeting. Currently, there are no deadlines in the rules. This amendment also shortens the deadline to issue a written decision following a hearing 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 temporary protest and recount rules: Members of the public may comment on the rules in any of the following ways through July 11, 2024.

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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