HomeMy WebLinkAboutBoard Meeting Agenda Packet 10-24-2023MEETING AGENDA
Date: October 24, 2023 Time: 5:00 PM
Location: Bd of Elections Office, Long Leaf Room Type: Special
Scheduled Attendees:
Derrick R. Miller, Chair Rae Hunter-Havens, Director
James Battle Morgan, Jr. Secretary Caroline Dawkins, Deputy Director
Natalie Hinton-Stalling, Member Noelle Powers, Database & Systems Specialist
Bruce Kemp, Member Joan Geiszler-Ludlum, Administrative Technician
Tom S. Morris, Member Jessica O’Neill, Program & Outreach Coordinator
Visitor(s): Tufanna Bradley, Assistant County Manager; Kemp Burpeau, Deputy County Attorney
AGENDA ITEMS
1.Meeting Opening
a.Call to Order
b.Pledge of Allegiance
c.Approval of Agenda
d.Approval of Minutes (11/15/22- Emergency Meeting, 10/10/23, and 10/17/23)
2.Public Comment Period
•2-minute limit
•10-minute limit total
3.New Business
a.Review of Absentee Ballot Applications
b.Member Morris’ request to discuss procedures for rejection of elections officials or
observers nominated by party chairs
4.General Discussion
•Other Elections-Related Matters
5.Adjournment
*Agenda packets are sent via email in advance of meetings.
Special Meeting
New Hanover County Board of Elections
October 24, 2023
Subject:
Approval of Agenda
Summary:
N/A
Board Action Required:
Staff recommends approval
Item # 1c
Special Meeting
New Hanover County Board of Elections
October 24, 2023
Subject:
Approval of Minutes
Applicable Statutes and/or Rules
N.C. Gen. Stat. §§ 163-31(e) and 143-318.10(e)
Summary:
This includes minutes from the 11/15/22 (Emergency Meeting), 10/10/23, and 10/17/23 meetings. The
board approved the 11/15/22 regular meeting minutes at the 10/17/23 meeting. The previous Chair,
Oliver Carter III, conducted the meeting in separate segments, hence the separate minutes.
Board Action Required:
Staff recommends approval
Item # 1d Item # 1d
Board Minutes – 11/15/2022 Page | 1
EMERGENCY MEETING
New Hanover County Board of Elections
November 15, 2022
4:15 p.m.
ATTENDANCE
Members: Oliver Carter III, Chair
Derrick R. Miller, Secretary
Lyana G. Hunter, Member [arrived 4:38 p.m.
Russ C. Bryan, Member [arrived 4:22 p.m.]
Bruce Kemp, Member
Staff: Rae Hunter-Havens, Elections Director
Caroline Dawkins, Elections Deputy Director
Jenna Dahlgren, Elections Logistics Specialist
Noelle Powers, Elections Systems Specialist
Beth Pugh, Elections Specialist
Joan Geiszler-Ludlum, Administrative Elections Technician
Visitors: Lisa Wurtzbacher, Assistant County Manager; Kemp Burpeau, Deputy
County Attorney; Sharon Smith; Cher Pridgen; Jane Saunders;
Emily Fountain; Bea Powell; Jim Keefe
Public Attendees: Leslie Antos, League of Women Voters LCF; Katrina Morton;
Tiffany Thomas; Nichole Kingston; Matthew Emborsky, Julius
Rothlein, NHC GOP; Bryan Warner, Common Cause NC; Susanne
Werner, NHCDP
Virtual Attendees: Jessica O’Neill; Frances Acanfora; Sheila F.; Tyler Daye;
Anonymous; Jenna Dahlgren; Thom Tracy
1. MEETING OPENING
Chair Carter called the emergency meeting to order at 4:15 p.m. The New Hanover
County Board of Elections meeting was held in the Board of Elections office, Long Leaf
Room, 1241A Military Cutoff Road, Wilmington, NC. Chair Carter, Secretary Miller
and Member Kemp were present. Member Bryan arrived at 4:22 p.m.; Member Hunter
arrived at 4:38 p.m.
Board Minutes – 11/15/2022 Page | 2
Chair Carter said the purpose of the emergency meeting is to consider six Board-initiated
ballot challenges to absentee ballots due to name similarities to provide notice to the
voters and provide due process.
a. Announcements
Chair Carter reminded the audience to silence their cell phones and that the meeting is
being recorded and live streamed on the internet.
b. Pledge of Allegiance
Chair Carter invited all in attendance to rise and recite the Pledge of Allegiance.
c. Agenda
Member Kemp moved approval of the agenda as submitted, second by Secretary Miller.
Member Kemp moved to amend the agenda to add consideration of challenges submitted
by Julius Rothlein by email today in view of the 5:00 p.m. deadline. Motion died for lack
of a second.
Hearing no further discussion, Chair Carter called the vote on the motion to approve the
agenda as submitted. Motion carried unanimously.
3. NEW BUSINESS
a. Board-Initiated Absentee Ballot Challenges
Chair Carter called on Director Hunter-Havens to brief the Board on the challenges.
Director Hunter-Havens said during reconciliation staff discovered six ballots with
questions about the voter’s eligibility to vote the submitted ballot and summarized the
circumstances of each:
• Voter Primus cast an absentee ballot which the Board approved on October 21.
The voter died two days later, before Election Day.
Member Kemp moved to challenge the cast ballot, second by Secretary Miller. Motion
carried unanimously.
• Voter Atkinson deposited an absentee ballot in a precinct tabulator in error on
Election Day.
Chair Carter moved to challenge the ballot, second by Member Kemp. Hearing no
discussion, Chair Carter called the vote. Motion carried unanimously.
• Voter Lloyd III timely returned a UOCAVA ballot. The voter already had voter
history for this election showing he voted during One Stop. Father may have
mistakenly voted his son’s ballot.
Board Minutes – 11/15/2022 Page | 3
Chair Carter moved to challenge the One Stop ballot, second by Member Kemp. Hearing
no discussion, Chair Carter called the vote. Chair Carter, Secretary Miller, Members
Bryan and Kemp voted aye; Member Hunter, having just arrived in the meeting,
abstained.
• Voter RW James cast a One Stop ballot in the name of voter RP James, requiring
voter RP James to vote a provisional ballot on Election Day.
Chair Carter moved to challenge the RP James One Stop ballot, second by Member
Kemp. Hearing no discussion, Chair Carter called the vote. Motion carried
unanimously.
• Voter DW Barfield voted a provisional ballot on Election Day. Voter EW
Barfield voted a One Stop ballot in the name of DW Barfield.
Chair Carter moved to authorize Director Hunter-Havens to cancel the One Stop ballot
voter history for DW Barfield and reassign voter history to EW Barfield, second by
Member Hunter. Chair Carter said the Board would address the provisional ballot voted
by DW Barfield at the pre-canvass meeting. Hearing no further discussion, Chair Carter
called the vote. Motion carried unanimously.
• Voter Hodges voted a provisional ballot at One Stop where he was told he had
already voted. After investigation, it appears voter Holder was issued an
Authorization to Vote in the name of voter Hodges.
Chair Carter moved to authorize Director Hunter-Havens to cancel the One Stop ballot
voter history for voter Hodges and reassign the voter history to voter Holder, second by
Member Kemp. Member Bryan moved to table the motion to allow him to compare voter
Holder’s voter registration signature with the signature on the Authorization to Vote,
second by Chair Carter. Hearing no discussion, Chair Carter called the vote. Motion to
table carried unanimously.
• Voter Nunnelee III voted a provisional ballot at One Stop where he was told he
had already voted. After investigation, it appears voter Nunnelee IV was issued
an Authorization to vote in the name of voter Nunnelee III and voted on
November 1.
Chair Carter disclosed that he is acquainted with both voters, has had no contact with
either regarding this matter, and his acquaintance does not affect his ability to be
impartial.
Chair Carter moved to authorize Director Hunter-Havens to cancel the One Stop voter
history for voter Nunnelee III and reassign the voter history to voter Nunnelee IV, second
by Member Hunter. Chair Carter said the Board would address the provisional ballot
voted by Nunnelee III at the pre-canvass meeting. Hearing no discussion, Chair Carter
called the vote. Motion carried unanimously.
Board Minutes – 11/15/2022 Page | 4
Chair Carter moved to remove from the table his motion in the matter of the ballots of
voters Hodges and Holder, second by Secretary Miller. Chair Carter called the vote on
the motion to return to the table. Motion carried unanimously.
Member Bryan said he was satisfied with the signature comparison. The Board members
each reviewed the two signatures by voter Holder. Chair Carter restated his motion,
which was not previously seconded. Member Kemp seconded Chair Carter’s motion.
Hearing no further discussion, Chair Carter called the vote. Motion to authorize the
Director to reassign the voter history from voter Hodges to voter Holder carried
unanimously.
Chair Carter moved to set November 18 at 11:00 am as the date for hearing the Board-
initiated challenges and to notify the affected voters by mail, email and telephone of their
right to be heard at that time, second by Member Kemp. Hearing no discussion, Chair
Carter called the vote. Motion carried unanimously.
Member Kemp called for the Board to reconsider his previous motion, which was not
seconded, to consider Mr. Rothlein’s email presenting challenges to certain absentee
ballots. Secretary Miller asked for clarification as to which item the matter would be
considered. Member Kemp said as absentee ballot challenges. Chair Carter said the
emergency meeting notice specified Board-initiated challenges would be considered, not
voter-initiated challenges that Mr. Rothlein presented in his email. For that reason, he
would not support this motion.
Member Kemp said there is a State Board of Elections ruling that all ballot challenges
must be scheduled for hearing by 5:00 p.m. today. The Board has four minutes to
consider the additional challenges. He said his agenda as approved only states that the
Board would consider absentee ballot challenges.
Hearing no further discussion, Chair Carter called the vote. Members Kemp and Bryan
voted aye; Chair Carter, Secretary Miller, and Member Hunter voted nay. Motion failed
for lack of a majority.
4. ADJOURNMENT
Chair Carter declared the meeting adjourned at 4:57 p.m. He invited the audience to be at
ease until 5:15 p.m. when the Board would convene the regular scheduled meeting to
order.
APPROVED BY: RESPECTFULLY SUBMITTED BY:
_____________________________ _______________________________
JAMES BATTLE MORGAN, JR. RAE HUNTER-HAVENS
SECRETARY ELECTIONS DIRECTOR
Board Minutes – 10/10/2023 Page | 1
SPECIAL MEETING
New Hanover County Board of Elections
October 10, 2023
5:00 P.M.
ATTENDANCE
Members: Derrick R. Miller, Chair
James Battle Morgan, Jr., Secretary
Natalie Hinton-Stalling, Member
Bruce Kemp, Member
Tom Morris, Member
Staff: Rae Hunter-Havens, Executive Director
Caroline Dawkins, Deputy Director
Jessica O’Neill, Elections Program and Outreach Coordinator
Noelle Powers, Elections Systems Administrator
Beth Pugh, Elections Specialist
Joan Geiszler-Ludlum, Administrative Elections Technician
Election Assistants: Jane Saunders, Bea Powell, Emily Fountain
Visitors: Tufanna Bradley, Assistant County Manager; Kemp Burpeau,
Deputy County Attorney
Public Attendees: Wende Hunt; Ellen Jo Kraemer; Julius Rothlein, Matthew
Emborsky, NHC GOP; Richard Poole, NHCDP; Bob Gatewood;
Ellen Haragan, League of Women Voters LCF; Jody Kemp; Anais
Delgado; Juan O. Chevere; Anthony Abbinante; Becky Jaskey;
John Jaskey
Virtual Attendees: Jessica O’Neill; Helen; Anon.; Denise Brown; Beth Pugh; Shawn
P.; Mike; Denmark Vesey
1. MEETING OPENING
a. Call to Order
Chair Miller called the meeting to order at 5:00 p.m. The New Hanover County Board of
Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A
Military Cutoff Road, Wilmington, NC. All members were present.
Board Minutes – 10/10/2023 Page | 2
b. Preliminary Announcements
Chair Miller reminded the audience to silence their cell phones, that the meeting is being
recorded and live streamed over the internet, and to avoid conversation and crosstalk
during the meeting.
c. Pledge of Allegiance
Chair Miller called on the audience to rise and recite the Pledge of Allegiance.
d. Approval of Agenda
Member Kemp moved to approve the agenda as submitted, second by Member Hinton-
Stalling. After answering a question from Member Kemp, Chair Miller called the vote.
Motion carried unanimously.
e. Approval of Minutes
Member Hinton-Stalling moved to approve the minutes of the 5/22/22, 8/9/22, 11/15/22,
and 9/12/23 Board meetings be approved as edited, second by Secretary Morgan. Chair
Miller requested deletion of the parenthetical note on page 5 of the 8/9/22 minutes and
called the vote. Motion carried unanimously.
2. PUBLIC COMMENT PERIOD
Chair Miller called upon the public in-person attendees for their comments or questions,
limited to two minutes each with a total maximum time of ten minutes.
Julius Rothlein and Matthew Emborsky, representing NHC GOP, voiced objection to the
Board’s action in the August 22, 2023, meeting to disqualify a NHC GOP nominee on a
finding of repeated failure to follow and disregard of election official and staff orders,
directives, instructions, protocols, and procedures while serving as an election observer
for the 2022 Primary which constituted not being of good repute for purposes of serving
as an election official.
Mr. Rothlein read the following statement:
For the record, I am compelled to express my outrage concerning the substance
and manner in which the Director and her Staff secured the disqualification of Mr.
Anthoney Abbinante a GOP nominee to be Precinct Judge on 22 August
2023. With absolutely no prior notice to Mr. Abbinante should be disqualifite
[sic] from the appointment because of his alleged previous conduct as a GOP poll
observer. She claimed his conduct demonstrated he was "not in good repute".
This was the first Mr. Abbinante and the NHC GOP heard of such accusation, and
we were prohibited from making statement on 22 August.
Board Minutes – 10/10/2023 Page | 3
So what was the evidence that Mr. Abbinante was dishonest, corrupt
untruthworhy [sic], unprincipled?
We made a public records request only to learn that the Director has no
contemporaneous record of any incidents justifying Mr. Abbinante's
disqualification. In fact we learned that whatever may have transpired while poll
observing did not result in Mr. Abbinante being ejected from the polling places.
How serious could any violation have been to to [sic] result in his ejection? The
Director failed to provide Mr. Abbinante due process, he was never provided the
opportunity to provide any rebuttal in his defence [sic]. WHY?
The Director defamed Mr. Abbinante by raising this matter in public when it
should have been brought up in closed session as provided in NCGS 143-38-
318.11(a) (6)."To consider the chracter [sic], fitness of a ...prospective public
officer, or employee..."
Anthony Abbinante requested an explanation and documentation of the Board’s decision
to disqualify him from consideration to serve as a precinct official
Chair Miller acknowledged receiving an email request from Julius Rothlein for a list of
precincts where electioneering is not permitted and called on Director Hunter-Havens to
respond,
The Director said the precincts where no electioneering is allowed are listed on the
Board’s website. These are privately owned sites which may restrict or prohibit
electioneering through the usage agreement. In each case, no alternative public site is
available.
Seeing and hearing no other public attendees wishing to comment, Chair Miller closed
the Public Comment Period.
3. NEW BUSINESS
a. 2023-2025 Chief Judge and Judge Declinations and Vacancy
Chair Miller called on Director Hunter-Havens to present the staff report and
recommendations.
The Director reported that 9 of the chief judges and judges appointed on August 22,
2023, declined to serve. She solicited and received supplemental nominations from the
county Democratic and Republican chairs who submitted their recommendations as
requested. The staff recommendations are based on the statutory preference for precinct
residents over transfers and whether the parties nominated precinct residents or transfers.
One additional vacancy has arisen in Precinct W08 since the August meeting when the
Board Minutes – 10/10/2023 Page | 4
hold-over appointee1 accepted a different appointment.
If the parties recommend a resident judge or chief judge, the Board appoints by majority
vote. If the parties recommend a transfer judge or chief judge, the Board appoints by
unanimous vote.
After reviewing the staff and county party chairs’ nominations, the Board made the
following appointments:
• CF02 – Judge: appointed precinct resident Thomas Taylor (D) by vote of 4 to 1.
• FP06 – Judge: appointed precinct resident Marilyn Hertling (D) by vote of 3 to 2.
• FP07 – Judge: appointed precinct resident Nancy Steele (U) by vote of 3 to 2.
• H01 – Chief Judge: Board unsuccessful in appointing, Chair will make
administrative appointment.
• H13 – Judge: appointed precinct resident Edward Becks (D) by vote of 4 to 1.
• M03 – Chief Judge: appointed precinct resident William Brampton (D) by vote
of 3 to 2.
• W03 – Judge: appointed precinct resident Robert Carpenter (D) by vote of 3 to 2.
• W08 – Chief Judge: Board unsuccessful in appointing, Chair will make
administrative appointment.
• W15 – Judge: appointed precinct resident Norma Wasilewski (R) by unanimous
vote.
• W30 – Judge: appointed precinct resident Aaron Logan (U) by unanimous vote.
Member Kemp moved to appoint precinct resident Jezerack (R) as judge in precinct
CF05 to replace hold-over transfer official Nobles, second by Member Morris. After
discussion, Chair Miller called the vote. Members Kemp and Morris voted aye; Chair
Miller, Secretary Morgan and Member Hinton-Stalling voted nay. Motion failed for lack
of a majority.
Member Kemp moved to appoint precinct resident Cliff Brock (R) as chief judge in
precinct M07 to replace hold-over transfer Thomas Stoddard (U). In response to a
question from Chair Miller, Director Hunter-Havens said that Mr. Brock was nominated
by his party to serve as a judge, not chief judge, at the time of the August appointments.
Chair Miller asked Deputy County Attorney Burpeau whether it is permissible for the
Board to make the suggested appointment. Mr. Burpeau said §163-41(a) requires the
replacement be of the same party as the hold-over official, which is not the case. After
discussion, Chair Miller called the vote. Members Kemp and Morris voted aye; Chair
Miller, Secretary Morgan and Member Hinton-Stalling voted nay. Motion failed for lack
of a majority.
1 NCGS §163-41(a) states “Their terms of office shall continue for two years from the specified date of
appointment and until their successors are appointed and qualified, except that if a nonresident of the
precinct is appointed as chief judge or judge for a precinct, that person's term of office shall end if the board
of elections appoints a qualified resident of the precinct of the same party to replace the nonresident chief
judge or judge.” (Emphasis added.) Where the Board has not yet appointed a successor, the continuing
appointee is called a hold-over appointee.
Board Minutes – 10/10/2023 Page | 5
b. Precinct Assistants
Chair Miller called on Director Hunter-Havens for her report.
Director Hunter-Havens presented the current list of precinct assistant assignments and
said this list changes from day to day and will remain dynamic up to and including
Election Day. She works with the county parties, but the main recruitment comes
through the Precinct Official Application process and the interest of civic-minded
members of the community. The Board discussed various factors contributing to the
challenge of recruitment. Chair Miller said the Board would approve Precinct Assistant
assignments when the Board meets as scheduled on November 6 based on the most recent
list.
Member Kemp inquired of Chair Miller, who wrote the summary of the §163-42 for the
appointment of precinct assistants in the Board meeting packet. Director Hunter-Havens
stated that she summarized based on what had been done in the past, the statute and the
administrative code. The summary states that party parity “should be achieved whenever
possible” in contrast to §163-42 (a) which states: “When the board of elections
determines that assistants are needed in a precinct an equal number shall be appointed
from different political parties, unless the requirement as to party affiliation cannot be
met because of an insufficient number of voters of different political parties within the
county.” Member Kemp emphasized the requirement, not discretion, of the “shall”
statement and that the deficit of representation is voters county wide not within a precinct
as stated in the summary. After extensive discussion on various aspects of precinct
assistant appointment/assignment, Member Kemp inquired if the Board has the discretion
to not follow the law. Deputy County Attorney Kemp Burpeau stated in this case that the
party parity is aspirational.
c. Review of Absentee Ballot Applications and Resolution Authorizing Director
to Complete Preparatory Steps for Absentee Meetings
Chair Miller called on Director Hunter-Havens to present the absentee ballot applications.
Director Hunter-Havens presented 2 UOCAVA2 ballots for Board approval. Because
UOCAVA voters may return their applications and voted ballots by email or the absentee
portal, the ballots must be duplicated for scanning and tabulation. Bipartisan duplication
teams consisting of a caller, a marker and an observer do the duplication and the Board
reviews the voter’s Affirmation, selections and the duplicated ballot. The Director
summarized the statutes and SBE Numbered Memos guidance for the Board’s review.
2 Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) is a federal law that requires states
to allow voters who are absent from their country of residence to vote using an expedited process to register
and vote by mail-in absentee ballot. The law covers active-duty members of the armed forces, Merchant
Marine, the commissioned corps of the Public Health Service and NOAA, National Guard or state militia,
their spouses and dependents, and US citizens residing outside the United States.
Board Minutes – 10/10/2023 Page | 6
Director Hunter-Havens reminded the Board to maintain voter confidentiality during their
review of the UOCAVA Affirmations and the duplicated ballots. Chair Miller reminded
the public in attendance to maintain silence as the Board does their review.
When the Board completed their review, Chair Miller moved to approve 2 UOCAVA
duplicated ballots, second by Member Morris. Hearing no discussion, Chair Miller called
the vote. Motion carried unanimously.
Chair Miller authorized the staff to open the envelopes, remove the ballots and complete
all necessary preparatory steps and scan the ballots, second by Member Kemp. Motion
carried unanimously.
The staff scanned the 2 UOCAVA ballots without tabulation on the DS850. Scanning
began at 7:35 p.m. and concluded at 7:49. The Board reviewed the scanning report and
signed the Absentee Meeting Ballot Certification.
The Board returned to the agenda.
Director Hunter-Havens presented a Resolution authorizing the Director to
(i.) to duplicate UOCAVA ballots prior to Board review and outside the Board’s
presence,
(ii.) to review and sort absentee ballot Applications prior to Board review,
(iii.) to open approved Applications and scan the ballots during the meeting.
Chair Miller moved to approve the Resolution, second by Member Hinton-Stalling.
Member Kemp suggested rescanning all approved absentee ballots on Election Day to
serve as a check on the weekly scan totals and to add a level of public confidence.
Member Kemp suggested rescanning all the previously approved and counted absentee
by mail ballots on Election Day to produce a results tape by race by the machine which
performs the race result counting rather than rely on the summarized results of absentee
by mail ballots as totaled by the election-ware software on the isolated computer, to
which all other race results tapes are compared for accuracy during the upload of results
process. Director Hunter-Havens said the statute allows scanning at the weekly absentee
meetings or scanning all on Election Day. Waiting until Election Day strains the staff
capacity to complete other Election Day processes and may delay posting of the absentee
results when the polls close. The weekly results can be compared to the results from the
disconnected ElectionWare report. Tabulating twice is not required, creates
administrative burdens, deviates from state election uniformity, and is not authorized by
statute or SBE guidance.
Hearing no further discussion, Chair Miller called the vote. Motion carried unanimously.
The staff scanned the 2 UOCAVA ballots without tabulation on the DS850. Scanning
began at 7:35 p.m. and concluded at The Board then took up the remainder of the agenda.
Board Minutes – 10/10/2023 Page | 7
4. GENERAL DISCUSSION
Chair Miller called on the Board members for any additional discussion of election-
related items.
Member Morris discussed a Board response to the process used to disqualify a nominee
from serving as a precinct official on August 22. He moved to (1) require written notice
to the county party chair allowing 15 days for the party to investigate the allegations and
take appropriate action to withdraw the nomination or provide evidence in support of the
nomination; (2) schedule a Board hearing to review the evidence for the allegation and
give the nominee the opportunity to address the Board and extend the opportunity to Mr.
Abbinante; and (3) to extend a public apology to Mr. Abbinante, second by Member
Kemp.
Chair Miller said motions are not appropriate during the General Discussion session by
Board policy but agreed further discussion is merited. He suggested discussing Member
Morgan’s motion in this meeting and deferring the motion for action at the next meeting,
permitting time to obtain and consider legal guidance. Members Morgan and Kemp
withdrew their motion.
Chair Miller. addressing Mr. Abbinante, said the Board’s action was taken within the
narrow context of statutory qualifications to serve as a precinct official based on the
evidence presented and not making a general judgment of his character. He apologized
for any impression that the Board was making a general judgment of his honesty,
reputation or character. The statutory meaning of “of good repute” applies to the context
of service as a precinct official.
Mr. Abbinante accepted the apology and renewed his request for the criteria used and the
evidence supporting the decision. Chair Miller said the point is well-taken and the Board
will review the procedure.
Member Kemp requested that the meeting minutes be distributed as soon as drafted and
not wait until the agenda package is sent on Friday.
5. ADJOURNMENT
Member Morris moved to adjourn the meeting at 8:27 p.m., second by Member Hinton-
Stalling. Motion carried unanimously.
The next Board meeting is scheduled to be held on October 17, 2023 in the Board of
Elections office, 1241A Military Cutoff Road, Longleaf Room, Wilmington, NC.
Board Minutes – 10/10/2023 Page | 8
APPROVED BY: RESPECTFULLY SUBMITTED:
_______________________________ _______________________________
JAMES BATTLE MORGAN, JR. RAE HUNTER-HAVENS
SECRETARY ELECTIONS DIRECTOR
Board Meeting Minutes 10/17/2023 Page | 1
SPECIAL MEETING
New Hanover County Board of Elections
October 17, 2023
5:00 P.M.
ATTENDANCE
Members: Derrick R. Miller, Chair
James Battle Morgan, Jr., Secretary
Natalie Hinton-Stalling, Member
Bruce Kemp, Member
Tom Morris, Member
Staff: Rae Hunter-Havens, Executive Director
Caroline Dawkins, Deputy Director
Jessica O’Neill, Elections Program and Outreach Coordinator
Noelle Powers, Elections Systems Administrator
Beth Pugh, Elections Specialist
Joan Geiszler-Ludlum, Administrative Elections Technician
Election Assistants: Emily Fountain, Bea Powell, Jane Saunders
Public Attendees: Deborah Dicks Maxwell, NC NAACP; Ava Bevins, League of
Women Voter LCF; Julius Rothlein, Matthew Emborsky, NHC
GOP
Virtual Attendees: Beth Pugh; Jessica O’Neill; Denise Brown
1. MEETING OPENING
a. Call to Order
Chair Miller called the meeting to order at 5:01p.m. The New Hanover County Board of
Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A
Military Cutoff Road, Wilmington, NC. All members were present.
b. Preliminary Announcements
Chair Miller reminded the audience to silence their cell phones, that the meeting is being
recorded and live streamed over the internet, and that no member of the audience should
speak unless called upon.
c. Pledge of Allegiance
Board Meeting Minutes 10/17/2023 Page | 2
Chair Miller called on the audience to rise and recite the Pledge of Allegiance.
d. Approval of Agenda
Member Kemp moved to approve the agenda as submitted, second by Member Hinton-
Stalling. Motion carried unanimously.
e. Approval of Minutes
Member Kemp moved to approve the minutes of the 10/10/23 Board meeting as
submitted, second by Secretary Morgan. Chair Miller called for any comments, questions
or corrections.
Member Morris said he had submitted written recommendations for changes to the
minutes and asked that they be adopted. Chair Miller said there are two corrections on
pages 5 and 6, and called on Member Morris to address his other proposed change.
Member Morris said in his public comment, Mr. Rothlein read from a written statement
and he would like to add that document to the minutes. In response to a question from
Member Hinton-Stalling, Member Morris said he was asking to add the statement to the
minutes since it was read into the record.
Chair Miller asked Director Hunter-Havens if there is any precedent or procedure for this
action. The Director said typically documents or comments submitted by the public in
advance of a meeting are shared with the Board and may be mentioned or summarized by
topic in the minutes in appropriate cases. Public comments submitted in writing have not
been attached to the minutes during her tenure.
Member Morris said Mr. Rothlein’s comments were presented as an oral statement. He
could have submitted his written document which the Board could receive and attach to
the minutes. Oral comments may be summarized in the minutes, but when the summary
does not reflect the totality of the comment, the summary falls short.
Secretary Morgan said he sees some danger in establishing a precedent that public
comments should be captured in the minutes of the proceedings. On the other hand, he
said he doesn’t have a problem with it in this case, even though he said he does not
necessarily agree with it. He said most of the Board has not seen the written statement.
Chair Miller said Mr. Rothlein’s comment contrasts with the Board’s discussion. The
salient points are captured in the draft minutes.
Hearing no further discussion on Member Morris’s request to add Mr. Rothlein’s
statement to the minutes, Chair Miller called for a vote. Secretary Morgan, Members
Morris and Kemp voted aye; Chair Miller and Member Hinton-Stalling voted nay. The
statement will be added to the minutes.
Board Meeting Minutes 10/17/2023 Page | 3
Chair Miller called on Member Kemp to put forward the changes he would like to make.
Member Kemp asked to clarify the description of the Resolution on page 5 by adding
“during meetings” at the end of item (iii.). He said the other two actions occur outside
the Board meeting and the last one takes place during the meeting.
Member Kemp said he would like to add the question he asked about the balance of
Republican and Democratic precinct officials and counsel Burpeau’s response that the
courts would interpret the requirement as aspirational, not mandatory, despite the use of
“shall”. Chair Miller asked Member Kemp to propose language in writing he would like
to see added and suggested deferring action on the 10/10/23 minutes until the next
meeting.
Member Kemp moved to table consideration of the minutes of the 10/10/23 meeting until
the next meeting, second by Member Morris. Motion carried unanimously.
2. PUBLIC COMMENT PERIOD
Chair Miller called upon the public in-person attendees for their comments or questions,
limited to two minutes each with a total maximum of ten minutes.
Julius Rothlein, NHC GOP, asked for clarification of electioneering restrictions at the
CFCC One Stop site. He noted that none are listed on the Board’s website, but he has
seen an email from the school administration saying that no electioneering would be
allowed.
Chair Miller called on Director Hunter-Havens to respond. The Director said she
received the email the previous day, which states the school would enforce its no
solicitation policy and prohibit tents, tables, and distribution of fliers outside the building:
To provide a safe learning and work environment, and protect all students,
employees, and visitors of the college, solicitation is prohibited and includes, but
is not limited to, third-party unsolicited verbal or written communications by mail
or email, circulars and/or petitions, handbills, leaflets, pamphlets, posters, flyers,
or any literature and printed materials. Salespersons, solicitors and/or external
agencies will not be allowed to solicit or distribute these materials or items on
college-owned property, or premises, to students or employees unless it is a
recognized nonprofit/charitable organization or has prior approval from the
President of the college. In addition, salespersons, solicitors, and/or external
agencies may not erect a fixed or temporary structure on CFCC campus property
or premises unless approved by the CFCC President or designee. Solicitation for
personal or financial benefit is prohibited by CFCC employees during designated
working hours. (Emphasis in original.)
She said solicitation is not the same as electioneering, and limitations on electioneering
are not part of the CFCC usage agreement. She is working with CFCC to resolve the
matter, requested SBE guidance to assist, and will provide an update when available.
Board Meeting Minutes 10/17/2023 Page | 4
Deborah Dicks-Maxwell, State NAACP President, commented that the Board has spent
18 minutes discussing the minutes. It is time to get on with the important election
business.
Seeing and hearing no other public attendees wishing to comment, Chair Miller closed
the Public Comment period.
3. NEW BUSINESS
• Review of Absentee Ballot Applications
Chair Miller called on Director Hunter-Havens to present her report.
Director Hunter-Havens presented 10 civilian absentee-by-mail applications and 5
UOCAVA (Uniformed and Overseas Civilian Absentee Voting Act) for Board review. 9
of the 10 civilian applications included a photocopy of the voter’s photo ID with no
issues; 1 civilian application was returned with a photo ID exception form with no
deficiencies noted. The 5 UOCAVA ballots were returned electronically and have been
duplicated outside this meeting as the Board authorized. The duplication team log is
included with the UOCAVA ballots.
Director Hunter-Havens reminded the Board to shield the applications and photo ID
documentation from public view during their review as they contain confidential
information.
The Board began reviewing the UOCAVA ballots and the civilian applications at 5:25
p.m. and completed review at 5:33 p.m.
Chair Miller moved to approve 5 absentee-by-mail UOCAVA ballots, second by
Secretary Morgan. Hearing no discussion, Chair Miller called the vote. Motion carried
unanimously.
The Board began reviewing the civilian absentee-by-mail applications and the in-person
return log sheets where applicable at 5:34 p.m. and completed review at 5:50 p.m.
Member Kemp moved to approve 10 civilian absentee-by-mail applications, second by
Chair Miller. Hearing no discussion, Chair Miller called the vote. Motion carried
unanimously. Director Hunter-Havens said the application submitted with a photo ID
exception form is approved pending additional verification.
Staff began opening the envelopes and scanning the approved ballots at 5:51 p.m.
Scanning was completed at 6:14 p.m.
Director Hunter-Havens presented the Absentee Meeting Ballot Certification with the
Absentee Ballot Register sorted by precinct for Board review and signature. She said she
is preparing a template to provide a week-to-week absentee ballot report which can then
Board Meeting Minutes 10/17/2023 Page | 5
be compared to the final cumulative report sorted by precinct at canvass. She explained
that the scanned ballots are stored on proprietary USB sticks which are secured in an
office with full security protocols in place.
4. GENERAL DISCUSSION
Member Morris requested an update on developing a process to address disqualification
of precinct official applicants. Director Hunter-Havens said she has received guidance
from the SBE and has submitted follow-up questions for clarification. Deputy County
Attorney Kemp Burpeau is also reviewing the guidance.
Director Hunter-Havens reported on the updated list of precinct assistants which
continues to change. Chair Miller will make administrative appointments as needed and
report those to the Board. Director Hunter-Havens said she received additional names
from the NHC GOP which were checked and sent a report listing the status of the
individuals. All were already assigned, declined to serve, or did not complete the on-
boarding process.
Member Kemp asked the status of One Stop staffing. Deputy Director Dawkins said all
shifts at all sites are currently staffed. She anticipates there will be no-shows and will fill
those slots as needed. Director Hunter-Havens said precinct officials from the closed
Election Day precincts have been more willing to serve since they do not have to pace
themselves for Election Day. Chair Miller said he expects public response to the One
Stop schedule since only one site will be open for the first week. Director Hunter-Havens
said she will be tracking voter feedback and will report.
Member Kemp asked if the Board members are required to take the recent IT security
training, or if that is for employees only. Director Hunter-Havens said she will find out
and advise the Board.
5. ADJOURNMENT
Member Kemp moved to adjourn the meeting at 6:25 p.m., second by Member Morris.
Motion carried unanimously.
The next Board meeting is scheduled to be held on October 24, 2023, at 5:00 p.m., at the
Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington,
NC.
APPROVED BY: RESPECTFULLY SUBMITTED:
_______________________________ ______________________________
JAMES BATTLE MORGAN, JR. RAE HUNTER-HAVENS
SECRETARY ELECTIONS DIRECTOR
Special Meeting
New Hanover County Board of Elections
October 24, 2023
Subject:
Public Comment Period
Summary:
This is an opportunity for members of the public to provide comments on elections-related matters.
Each commenter will be limited to two minutes. There is a limit of 10 minutes total for the public
comment period.
Board Action Required:
Discuss as necessary
Item # 2
Special Meeting
New Hanover County Board of Elections
October 24, 2023
Subject:
Review of Absentee Ballot Applications
Applicable Statutes and/or Rules
N.C. Gen. Stat §§ 163-229(b) and 163-230.1(f), NCSBOE Numbered Memos 2022-11, 2021-07, 2021-03,
2020-29 and 2020-25
Summary:
By statute, county boards of elections are required to meet beginning on the fifth Tuesday prior to each
election to review and take action on absentee ballot applications. The first absentee meeting in odd-
numbered municipal elections can be cancelled since ballots are not available to mail out to voters until
30 days before Election Day. At each absentee board meeting, the board should either approve or
disapprove the absentee applications assigned to that meeting date.
All absentee ballot applications for the 2023 Municipal Elections must include the following:
1. The voter’s certification of eligibility to vote the enclosed ballot.
2. A copy of an acceptable form of Photo ID or completed Photo ID Exception Form.
3. The certification of two witnesses, to include their residence address, or one public notary.
4. The certification, to include residence address, of any individual that assisted a voter in
accordance with N.C. Gen. Stat. §163-226.3.
Since the board has delegated so much of the administrative detail of the election functions, duties, and
work of the Board to the Elections Director, the Director and staff are responsible for completing many
of the administrative duties associated with absentee by mail voting. In addition, the county board may
authorize staff by an approved motion documented in the minutes or by resolution to 1) use a
bipartisan team(s) of staff members to duplicate UOCAVA ballots that cannot be read by the tabulator
outside of an absentee meeting, provided that all requirements outlined in Numbered Memo 2020-25
are followed and 2) open approved applications and scan ballots in them during the absentee meeting
when they are approved. The board authorized staff to complete the following preparatory steps via
resolution approved by the board at the October 10, 2023, meeting:
1. Prior to each Absentee Review Meeting, a bipartisan team shall duplicate all UOCAVA
ballots received by the Board
2. Prior to each weekly Special Meeting held pursuant to N.C. Gen. Stat. § 163-230(e)-(f). and
prior to any meeting held pursuant to N.C. Gen. Stat. § 163-234 at which absentee ballot
applications/container-return envelopes are to be passed upon. the Director or staff shall
inspect each absentee ballot application/container-return envelope to evaluate whether it:
a. Complies with all the requirements such that it should be recommended for
approval,
b. Is defective but can be cured,
Item # 2 Item # 3a
c.Is defective but cannot be cured, or
d.has a status that needs to be evaluated by the Board.
3. At each Absentee Review Meeting and any meeting under N.C. Gen. Stat.§ 163-234, once
the Board has approved absentee ballot applications/container-return envelopes, the
Director and staff shall “remove th[e] ballots from th[ose] envelopes and have them read by
an optical scanning machine, without printing the totals on the scanner."
The review of certain types of absentee ballot applications cannot be delegated to staff members.
Specifically, county boards are required to individually review all applications that 1) have been
recommended for disapproval by staff, (2) have a cure certification associated with the ballot
application, (3) have a Photo ID Exception Form where staff has indicated that available information may
lead the board to conclude that the Form is false, or (4) where staff need further guidance from
the board as to whether the application was properly executed.
During the absentee meetings, the board by majority vote may accept staff’s recommendations for
approval without reviewing all absentee applications that do not specifically require board review
(Numbered Memo 2020-25). However, this delegation must include a process for the board to spot-
check the ballot envelopes to ensure accuracy and consistency. In addition, county boards are
authorized to use two bipartisan teams of board members to conduct this review at each meeting as
opposed to all five board members reviewing each ballot envelope.
Revised Numbered Memo 2021-03, updated on September 25, 2023, addresses deficiencies in the
envelopes and/or photo ID documentation should be managed by staff. There are three types of
deficiencies that can be addressed by elections staff: 1) return deficiencies, 2) ballot application
deficiencies, and 3) photo ID documentation deficiencies.
1)Return Deficiencies – These deficiencies are associated with the actual envelopes, not the ballot
application. The ballot envelope is returned to the county board of elections office in an outer return
envelope to ensure the privacy of the accompanying photo ID documentation. There are situations
when a deficiency in the return or ballot envelope require that the ballot be spoiled and reissued to the
voter. These deficiencies include the following:
•The ballot envelope is unsealed or appears to have been opened and resealed and the
return envelope is not sealed or appears to have been opened and resealed.
•Someone other than the voter returns a ballot envelope that is not sealed and the
return envelope is also unsealed or there is no return envelope. Even if the person is
authorized to return the ballot, they cannot seal the ballot envelope without the voter
being present. The voter must direct that the ballot envelope be sealed in their
presence.
•The return or ballot envelope indicates the voter is requesting a replacement ballot.
Other anomalies that do not require that the ballot be spoiled and reissued are based on situations
where the ballot is received in a sealed envelope but there was an anomaly with one or both envelopes.
These anomalies include the following:
• Ballot envelope is unsealed or appears to have been opened and resealed but is
received in a sealed return envelope. In this case, staff will make the following notation
on the return envelope “sealed in return envelope” so that county board can open the
return envelope and review that ballot at its next absentee board meeting.
• Ballot is placed inside the clear sleeve on the outside of the ballot envelope used for
photo ID documentation but the return envelope is sealed. Staff will make the following
notation on the return envelope “sealed in return envelope” so that county board can
open the return envelope and review that ballot at its next absentee board meeting.
• Return envelope is not sealed or appears to have been opened and resealed but the
ballot appears to be sealed in the ballot envelope. No special action is required before
reviewing the ballot application.
• A voter returns their ballot in person in an unsealed ballot envelope to our office or a
one-stop site. In this case, staff will instruct the voter to seal the ballot envelope. No
special action is required before reviewing the ballot application.
The purpose of the return envelope is to protect the voter’s confidential information during mail transit.
If a person hand delivers a sealed ballot envelope without a return envelope, staff will place the ballot
envelope in a new return envelope for storage purposes.
2) Ballot Application Deficiencies - Some ballot application deficiencies can be cured with a certification
by the voter while other deficiencies require that the ballot be spoiled.
Deficiencies that can be cured with a certification:
• Missing voter signature
• Voter signed in the wrong place
Deficiencies that require the ballot to be spoiled:
• A witness or assistant did not print name (If the witness or assistant’s signature is legible
such that the name can be determined, the absentee ballot application is not deficient
and the ballot should not be spoiled, absent any other deficiency)
• A witness or assistant did not print address (Failure to print witness zip code does not
invalidate the application. Failure to include the city or state in the address does not
invalidate the application if the county board of elections can determine the correct
address)
• Missing witness or assistant signature
• Witness or assistant signed in place of voter signature (Otherwise, if all witness or
assistant information is present on the application but not on the designated lines, then
the application is not deficient, and the ballot should not be spoiled absent any other
deficiency)
• If a voter’s witness is a notary, two errors in the notarial certification require that the
ballot be spoiled and reissued: the notary signature is missing, or the notarial seal is
missing altogether or contains missing information.
3) Photo ID Documentation Deficiencies – Deficiencies with the photo ID documentation fall into two
main categories: Photocopy of Photo ID deficiencies and Photo ID Exception Form deficiencies. Both
types of deficiencies are curable since the cure documentation comes from the voter. In addition, the
failure to include any photo ID documentation is a deficiency that can be cured by the voter.
Photocopy of Photo ID Deficiencies:
• The ID type is not acceptable for voting purposes
• The ID does not meet the expiration requirements, if applicable
• The photocopy is not readable, which means that the name on ID cannot be read and/or
photograph does not depict a person but only a shadow or outline of a person.
• Name on the ID is not the same or substantially equivalent to the voter’s name in their
voter record
Photo ID Exception Form Deficiencies:
• Voter did not print their name on the form, unless the voter’s signature appears to be
made by the voter and appears to be the name of the voter. Elections staff and board
members must presume that the voter’s signature is that of the voter (even if illegible),
unless there is clear evidence to rebut that presumption.
• Voter did not check a box for at least one claimed exception or failed to identify their
specific reasonable impediment
• Voter failed to provide their NC Driver’s License Number or last four digits of their Social
Security Number
• Voter failed to sign the Exception Form. If a voter is physically unable to sign or make
their mark due to a disability, a person of the voter’s choice should write “Disabled-
cannot sign” in the signature line and complete the Voter Assistance Certification on the
back of the ballot envelope (Numbered Memo 2022-11).
Elections staff review of photo ID documentation is for completeness, not falsity. A board’s finding of
falsity is based on the board’s review of other information and gives the voter notice and opportunity to
be heard on the matter.
In addition to these three types of deficiencies, there are other deficiencies that cannot be resolved by
staff and require board action. The deficiencies include the following:
• Deficiency is first noticed at a board meeting
• No ballot in a container-return envelope
• More than one ballot in a container-return envelope
• Two voter’s ballots and container-return envelopes are switched
At the end of each absentee meeting, all absentee applications and ballots should be reconciled with the
number of ballot applications approved by the board equal in number to the number of ballots scanned
by the tabulator.
Document/s Included:
NCSBOE Numbered Memos 2022-15, 2022-11, 2021-07, 2021-03, 2020-29, 2020-25, and 2020-23,
Absentee Poll Book and Reconciliation Log Sheet (Provided at meeting)
Board Action Required:
Discuss as necessary and action required
Mailing Address: P.O. Box 27255
Raleigh, NC 27611
(919) 814-0700 or
(866) 522-4723
Fax: (919) 715-0135
Numbered Memo 2020-23
TO: County Boards of Elections
FROM: Karen Brinson Bell, Executive Director
RE: In-Person Return of Absentee Ballots
DATE: September 22, 2020 (updated September 29, 2023)
Absentee-by-mail voters may choose to return their ballot by mail or in person. Voters who
return their ballot in person may return it to the county board of elections office by 5 p.m. on
Election Day or to any early voting site in the county during the early voting period. This
numbered memo provides guidance and recommendations for the safe, secure, and controlled in-
person return of absentee ballots.1
General Information
Who May Return a Ballot
For most voters, only the voter, or the voter’s near relative or legal guardian, is permitted to
hand-deliver an absentee ballot.2 For voters who need assistance returning their absentee ballot
due to a disability, any person of that voter’s choice may return the absentee ballot for the voter,
which could include a multipartisan assistance team (MAT).3 Outside of this disability exception,
neither a MAT member nor any other person may take possession of an absentee ballot, unless
they are the voter’s near relative or legal guardian.
Intake of Absentee Ballots and Accompanying Photo ID Documentation
As outlined in Numbered Memo 2021-03, trained county board staff shall review each ballot
container-return envelope (ballot envelope) and accompanying photocopy of the voter’s photo
1 This numbered memo was updated on September 29, 2023, to include processes related to
photo ID requirements for absentee-by-mail voting.
2 It is a class I felony for any person other than the voter’s near relative or legal guardian to take
possession of an absentee ballot of another voter for delivery or for return to a county board of
elections. G.S. § 163-226.3(a)(5); see also G.S. § 163-231(b)(1).
3 See Numbered Memo 2022-11.
2
ID or a completed Photo ID Exception Form (photo ID documentation) that are transmitted to
the county board in an outer return envelope, to determine if there are any deficiencies.
Typically, depending on the intake volume, staff review of the absentee ballot materials for
acceptability occurs at a later time. But nothing prohibits staff from advising a person returning a
ballot of any deficiencies that are noted at intake which would permit the voter to promptly
correct those deficiencies.
Although a hand-delivered absentee ballot is not required to be enclosed in an outer return
envelope (which is used for mailing), the ballot must be sealed, either in the ballot envelope or
the return envelope, for it to be accepted. If the voter is returning their ballot and it is unsealed,
the voter should be instructed to seal the ballot envelope. If someone other than the voter is
returning the ballot, that person should be advised that the county board may not accept an
unsealed ballot, and the ballot must be sealed by the voter or in the voter’s presence.4
It is not recommended that county board staff serve as a witness for a voter while on duty since
staff may need to make determinations about the ballot acceptance or other decisions pertaining
to the absentee balloting process. However, staff who are not involved in the review of absentee
ballot envelopes may be permitted to serve as a witness since the potential for a conflict would
not exist and this would provide a service to a voter that may have no other way to meet the
witness requirements.
Copying a Voter’s Photo ID for a Voter Hand-Delivering an Absentee Ballot
A voter, or any person permitted to return an absentee ballot as noted above, may request that
staff make a photocopy of the voter’s photo ID to accompany the absentee ballot when hand-
delivering an absentee ballot to the county board of elections office. Early voting sites are not
required to have a copier available for this purpose, but a county may choose to do so if it has the
available resources and staff.
If the photo ID is a type of ID acceptable for voting purposes under 08 NCAC 17 .0101(a)(1),
staff are required to make a photocopy of the voter’s photo ID at no cost to the voter, and to
ensure that the photocopy is readable so it will be deemed acceptable when it is reviewed by the
county board.5 Staff do not need to complete the assistant section of the ballot envelope when
4 G.S. § 163-231(a)(3). See Numbered Memo 2021-03 for further information on return
deficiencies.
5 See 08 NCAC 17 .0109(e). Staff should consult the list of approved photo IDs that has been
distributed by the State Board to determine whether the photo ID is an acceptable type. If the
photo ID requested to be copied is not an acceptable type, then staff should inform the person of
this fact and invite the person to provide for copying any other photo ID that is acceptable.
3
performing this task. After staff have made the photocopy of the photo ID, they should return the
photo ID to the person delivering the absentee ballot, and then have that person place the
photocopy of the photo ID in the clear sleeve used for this purpose on the ballot envelope, place
the ballot envelope in the return envelope, and then seal the return envelope before handing it
over to staff for intake. If the return envelope is already sealed, staff should open the return
envelope so that the person can accomplish this task.6 To avoid confusion when staff is later
reviewing the absentee ballot materials for deficiencies, the intake staff person should note on
the return envelope that it was opened to allow photo ID documentation to be provided in person.
Log Requirement
An administrative rule requires county boards to keep a written log when any person returns an
absentee ballot in person.7 The contents of the log are prescribed in the administrative rule, and
county boards shall use the form provided by the State Board which complies with this rule.
Intake staff shall note on the log the date that it was received.
Because of the log requirement, an absentee ballot may not be left in an unattended drop
box.
Board Consideration of Delivery and Log Requirements
Failure to comply with the logging requirement, or delivery of an absentee ballot by a person
other than the voter, the voter’s near relative, the voter’s legal guardian, or a person of the voter’s
choice when the voter needs assistance due to disability, is not sufficient evidence in and of itself
to establish that the voter did not lawfully vote their ballot.8 A county board shall not disapprove
6 Intake staff do not conduct a review of whether the person hand-delivering the absentee ballot
reasonably resembles the photo on the photo ID when the absentee ballot is hand-delivered at the
county board office or an early voting site. The law provides specific requirements that a county
board is to ensure are met by photo ID documentation accompanying an absentee-by-mail ballot,
and reasonable resemblance of the voter to their photo ID is not one of them. See 08 NCAC 17
.0109.
7 08 NCAC 18 .0102 requires that, upon delivery, the person delivering the ballot shall provide
the following information in writing: (1) Name of voter; (2) Name of person delivering ballot;
(3) Relationship to voter; (4) Phone number (if available) and current address of person
delivering ballot; (5) Date and time of delivery of ballot; and (6) Signature or mark of person
delivering ballot certifying that the information provided is true and correct and that the person is
the voter or the voter's near relative.
8 Id. Compare G.S. § 163-230.2(3), which states that an absentee request form returned to the
county board by someone other than an unauthorized person is invalid.
4
an absentee ballot solely because it was delivered by someone who was not authorized to possess
the ballot. The county board may, however, consider the delivery of a ballot in accordance with
the rule, 08 NCAC 18 .0102, in conjunction with other evidence in determining whether the
ballot is valid and should be counted.
Return at a County Board Office
A voter may return their absentee ballot to the county board of elections office any time the
office is open. A county board must ensure its office is staffed during regular business hours to
allow for return of absentee ballots until the end of Election Day. . You are not required to accept
absentee ballots outside of regular business hours. Similar to procedures at the close of polls on
Election Day, if an individual is in line at the time your office closes or at the absentee ballot
return deadline (5 p.m. on Election Day), a county board shall accept receipt of the ballot.
If your site has a mail drop or unattended drop box used for other purposes, you must affix a sign
stating that voters may not place their ballots in the drop box. However, a county board may not
disapprove a ballot solely because it is placed in a drop box.9
In determining the setup of your office for in-person return of absentee ballots, you should
consider and plan for the following:
• Ensure adequate parking, especially if your county board office will be used as a one-stop
site
• Provide signage directing voters to the location to return their absentee ballot
• Ensure the security of absentee ballots and the privacy of the photo ID documentation
that accompanies the absentee ballot. Use a locked or securable container for returned
absentee ballots that cannot be readily removed by an unauthorized person.
• If your set-up allows the return of ballots outside, plan for the possibility of severe
weather. You may need a tent or other covering. Have a plan for how crowd control will
occur without the physical barriers of an office and the security of your staff and the
balloting materials. For safety reasons, it is not recommended you keep an outside return
location open after dark or during inclement weather.
Return at an Early Voting Site
Location to Return Absentee Ballots
Each early voting site shall have at least one designated, staffed station for the return of absentee
ballots. Return of absentee ballots shall occur at that station. The station may be set up
exclusively for absentee ballot returns or may provide other services, such as a help desk,
9 Id.
5
provided the absentee ballots can be accounted for and secured separately from other ballots or
processes. Similar to accepting absentee ballots at the county board of elections office, you
should consider and plan for the following with the setup of an early voting location for in-
person return of absentee ballots:
• Have a plan for how crowd control will occur and how voters will be directed to the
appropriate location for in-person return of absentee ballots
• Provide signage directing voters
• Ensure adequate parking and sufficient space for long lines
• If your set-up allows the return of ballots outside, plan for the possibility of severe
weather. You may need a tent or other covering. Have a plan for how crowd control will
occur without the physical barriers of an office and the security of your staff and the
balloting materials. For safety reasons, ensure that there is adequate lighting as voting
hours will continue past dark.
Because absentee ballots must be returned to a designated station, absentee ballots should not be
returned in the curbside area.
Procedures
Absentee ballots that are hand-delivered must be placed in a secured container upon receipt,
similar to how provisional ballots are securely stored at voting sites. Absentee-by-mail ballots
delivered to an early voting site must be stored separately from all other ballots in a container
designated only for absentee-by-mail ballots. The secure storage of absentee-by-mail ballots is
also important because these ballots will be accompanied by photo ID documentation, which
could contain confidential information. County boards must also conduct regular reconciliation
practices between the log and the absentee ballots. County boards are not required by the State to
log returned ballots into SOSA; however, a county board may require their early voting site staff
to complete SOSA logging.
If a voter brings in an absentee ballot and does not want to vote it, the ballot should be placed in
the spoiled-ballot bag in such a way that will distinguish it from ballots issued to the voting site
when later performing reconciliation. Voters who call the county board office and do not want to
vote their absentee ballot should be encouraged to discard the ballot at home.
Return at an Election Day Site
An absentee ballot may not be returned at an Election Day polling place. If a voter appears in
person with their ballot at a polling place on Election Day, they shall be instructed that they may
(1) take their ballot to the county board office by 5 p.m. or mail it so it is postmarked that day
and received by the deadline; or (2) have the absentee ballot spoiled and vote in-person at their
polling place.
6
If someone other than the voter appears with the ballot, they shall be instructed to take it to the
county board office or mail the ballot so it is postmarked the same day.
If the person returning the ballot chooses to mail the ballot, they should be encouraged to take it
to a post office to ensure the return envelope is postmarked. Depositing the ballot in a USPS mail
box on Election Day may result in the return envelope not being postmarked by Election Day
and therefore not being counted.
Mailing Address:
P.O. Box 27255 Raleigh, NC 27611
(919) 814-0700 or
(866) 522-4723
Fax: (919) 715-0135
Numbered Memo 2021-03
TO: County Boards of Elections
FROM: Karen Brinson Bell, Executive Director
RE: Absentee Container-Return Envelope Deficiencies
DATE: June 11, 2021 (updated September 25, 2023)1
The State Board is required to provide a cure process for voters whose absentee ballot envelopes
contain certain deficiencies.2 A cure process for photo ID documentation containing deficiencies,
when that documentation is submitted with an absentee ballot, is provided through an
administrative rule adopted by the State Board3 and is guided by this numbered memo. The cure
process for all other absentee-by-mail deficiencies is guided by this numbered memo. 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.
The ballot container-return envelope (ballot envelope) and the accompanying photocopy of the
voter’s photo ID or completed Photo ID Exception Form (photo ID documentation) are
transmitted to the county board in an outer return envelope. This numbered memo directs the
procedure county boards must use to address deficiencies in the envelopes and photo ID
documentation, to ensure that a voter is provided every opportunity to correct certain
deficiencies, while also recognizing that processes must be manageable for county boards to
timely complete required tasks.
1 This numbered memo replaces Numbered Memo 2020-19, which was first issued on August
21, 2020 and subsequently revised and reissued on September 22, 2020, and October 17, 2020.
This numbered memo was updated on September 25, 2023, to include processes related to photo
ID requirements for absentee-by-mail voting.
2 See Democracy NC v. State Board of Elections, 476 F.Supp.3d 158 (M.D.N.C. Aug. 4, 2020).
3 08 NCAC 17 .0109(b).
2
No Signature Verification
Verification of the voter’s identity is completed through the witness requirement. The voter’s
signature on the envelope shall not be compared with the voter’s signature in their registration
record, or the voter’s signature on their photocopy of photo ID or Photo ID Exception Form
submitted with their ballot, because this is not a requirement for the approval of an absentee
ballot under North Carolina law.4 County boards shall accept the voter’s signature on the ballot
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.
Types of Deficiencies
Trained county board staff shall review each return envelope, executed ballot envelope, and
photo ID documentation the office receives to determine if there are any deficiencies. County
board staff shall, to the extent possible, regularly review these absentee ballot materials on each
business day, to ensure that voters have every opportunity to timely correct deficiencies. Review
for deficiencies occurs after intake. The initial review is conducted by staff to expedite
processing of the envelopes in advance of a county board absentee meeting.5
There are three categories of deficiencies: 1) return deficiencies, 2) ballot application
deficiencies, and 3) photo ID documentation deficiencies.
1. Return Deficiencies
Previously, a voter transmitted their absentee-by-mail ballot to the county board in a single ballot
container-return envelope. However, with the implementation of photo ID requirements starting
with the 2023 municipal elections, the ballot envelope is now transmitted to the county board in
an outer return envelope to ensure the privacy of the accompanying photo ID documentation. As
a result, there may be certain instances where the return of the absentee ballot requires the ballot
to be spoiled and the absentee package reissued to the voter.
4 See In re: Request for Declaratory Ruling on Signature Matching for Absentee Ballot Requests
and Ballot Envelopes, N.C. State Bd. of Elections (July 22, 2022). See also Numbered Memo
2020-15, which explains that signature comparison is not permissible for absentee request forms.
5 See Numbered Memo 2020-25 regarding preparatory steps for absentee meetings.
3
Deficiencies that Require the Ballot to Be Spoiled (Civilian)
• Ballot is inside the ballot envelope, which is not sealed or which appears to have been
opened and re-sealed, and the ballot envelope is received in a return envelope which is
not sealed or which appears to have been opened and re-sealed.6
• Ballot is inside the executed ballot envelope, which is not sealed, and someone other than
the voter hand delivers the ballot envelope to an early voting site or the county board
office, and the return envelope is also unsealed or there is no return envelope. Even if the
person is authorized to return this ballot, they cannot seal the ballot without the voter
being present. The voter must direct that the ballot be sealed “in the voter’s presence.”7
• The return or ballot envelope indicates the voter is requesting a replacement ballot.
If a county board identifies one of these deficiencies, county board staff shall spoil the returned
ballot and reissue a ballot, as long as the new ballot is issued before Election Day, along with a
notice explaining the county board office’s action, in accordance with this numbered memo.
Anomalies that Are Not Deficiencies (Civilian)
• Ballot is inside the executed ballot envelope, which is not sealed or which appears to
have been opened and re-sealed, but the ballot envelope is received in a sealed return
envelope. Immediately upon opening the return envelope and noticing this situation, staff
should re-seal the return envelope with a notation of “sealed in return envelope.” The
county board should open the return envelope and address that ballot at its next absentee
meeting.8
• Ballot is not inside the ballot envelope or has been placed inside the clear sleeve on the
ballot envelope used for including the photo ID documentation, but the return envelope is
sealed. Immediately upon opening the return envelope and noticing this situation, staff
should re-seal the return envelope with a notation of “sealed in return envelope.” The
county board should open the return envelope and address that ballot at its next absentee
meeting.9
6 Ballots must be “sealed in the container-return envelope.” G.S. § 163-230.1(d); see also G.S. §
163-231(a)(3).
7 G.S. § 163-231(a)(3).
8 In this situation, for the purposes of staff's initial review of photo ID documentation pursuant to
08 NCAC 17 .0109(b), the ballot application is not “received” until the return envelope is opened
at the absentee meeting.
9 In this situation, for the purposes of staff's initial review of photo ID documentation pursuant to
08 NCAC 17 .0109(b), the ballot application is not “received” until the return envelope is opened
at the absentee meeting.
4
• Ballot is received in a return envelope that is not sealed or appears to have been opened
and re-sealed, but the ballot is inside the executed ballot envelope that is sealed. This
situation does not require any special action to document the anomaly before presenting
the ballot envelope to the county board.
• Ballot is inside the executed ballot envelope, which is not sealed, and the voter hand
delivers the ballot envelope to an early voting site or the county board office. Before
taking receipt of the envelope, staff should request that the voter first seal the ballot
envelope.
In all of the above situations, the ballot was received in a sealed envelope and is therefore not
deficient.10
A person hand-delivering the absentee ballot, whether it is the voter or someone authorized to
return the voter’s ballot, is not required to deliver the ballot envelope inside the return envelope
for the absentee application to be approved. The return envelope is designed to protect the
voter’s confidential identifying information during mail transit. If the person hand-delivers only
the sealed ballot envelope, staff should follow their usual storage practices and keep the ballot
envelope in a secure location, which may include placing the ballot envelope in a new return
envelope for storage purposes.
2. Ballot Application Deficiencies
The ballot application is the form on the ballot envelope that is completed by the voter, their
witnesses or notary, and assistant (if applicable).11 Ballot application deficiencies fall into two
main categories: those that can be cured with a certification by the voter, 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 new ballot is issued before Election Day. See the Voter Notification
Section below.
Deficiencies Curable with Cure Certification (Civilian and UOCAVA)
The following deficiencies can be cured by sending the voter a cure certification:
• Voter did not sign the Voter Certification.
• Voter signed in the wrong place.
The cure certification process applies to civilian and UOCAVA voters.
10 G.S. §§ 163-230.1(d), 163-231(a)(3).
11 G.S. § 163-229(b).
5
Deficiencies that Require the Ballot to Be Spoiled (Civilian)
The following deficiencies cannot be cured by certification, because the missing information
comes from someone other than the voter:
• The name of the witness or assistant is not printed,12 unless the witness’s or assistant’s
signature is legible such that the name can be determined, in which case the ballot
envelope is not deficient and the ballot shall not be spoiled for this reason.
• A witness or assistant did not print their address.13
• A witness or assistant did not sign.
• A witness or assistant signed on the wrong line. Where the witness or assistant signed in
place of the voter’s signature, that deficiency cannot be cured and requires the ballot to be
spoiled. Otherwise, however, if all required information from the witness or assistant is
present but not on the designated line for each (for example, the witness or assistant
printed their name on the address line, printed their address on the name line, and signed),
the ballot envelope is not deficient and the ballot shall not be spoiled for this reason.
Additionally, when a voter’s witness is a notary, two errors in the notarial certificate cannot be
cured by certification and will result in the ballot being spoiled: 1) the notary’s signature is
missing, or 2) the notarial seal is missing altogether or contains missing information. As
discussed in Numbered Memo 2021-07, other technical errors with the notarial certificate will
not affect the sufficiency, validity, or enforceability of the notarial certificate itself or the
underlying document and are not considered deficiencies.
12 If the printed name is readable and on the correct line, even if it is written in cursive script, for
example, it does not invalidate the ballot envelope.
13 Failure to list a witness’s ZIP code does not invalidate the ballot envelope. G.S. § 163-
231(a)(5). A witness’s 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 does not invalidate the ballot 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 ballot spoiled and a new
ballot reissued. See Numbered Memo 2020-29 for additional information regarding address
issues.
6
3. Photo ID Documentation Deficiencies
When a voter includes photo ID documentation with their absentee ballot envelope, there may be
deficiencies in that documentation that require a cure notice to be sent to the voter. All
deficiencies with a voter’s photo ID documentation are curable, because the cure documentation
comes from the voter.
Photocopy of Photo ID Deficiencies
Deficiencies in a photocopy of a voter’s photo ID include:
• The ID is not a type of ID that is acceptable for voting purposes under 08 NCAC 17
.0101(a)(1).
• The ID does not meet expiration requirements, if applicable.
• The photocopy is not readable, which means that the name on the ID cannot be read, the
photograph on the ID does not depict a person (e.g., it only depicts a shadow or outline of
a person), or both.
• The name on the ID is not the same as or substantially equivalent to the voter’s name in
their voter record.
Any difference between the voter’s address on their ID and the address in their registration
record is not a deficiency.
Photo ID Exception Form Deficiencies
Deficiencies in a Photo ID Exception Form include:
• The voter did not print their name on the Form, unless the voter’s signature on the Form
appears to be made by the voter, meaning the signature on the Form appears to be the
name of the voter and not some other person. The county board shall presume that the
voter’s signature is that of the voter, even if the signature is illegible, unless there is clear
evidence to rebut this presumption.
• The voter did not check a box for at least one claimed exception from the photo ID
requirements, or if the exception is a reasonable impediment, the voter failed to identify
their specific reasonable impediment (including by writing their reason if they chose
“Other”14).
14 If the voter writes a reason for “Other” but does not check the “Other” box, the Form is not
deficient for that reason alone.
7
• If the reasonable impediment chosen is that the voter is unable to make a photocopy of
their ID to include with their ballot, the voter did not include their North Carolina driver’s
license number, DMV ID number, or last 4 digits of their social security number.15
• The voter did not sign the Form.16
Additionally, a voter’s failure to include any photo ID documentation—either a photocopy of
their ID or an Exception Form—is a deficiency that may be cured. A voter may respond to a
notification that their ballot is missing photo ID documentation by stating that it is in the ballot
envelope. If this occurs, staff must defer the review of the photo ID documentation to the next
absentee board meeting, when the county board can review the application and, if approved,
open the ballot envelope and confirm photo ID compliance.17 If the board identifies a photo ID
deficiency at that point, staff should be instructed to notify the voter of the opportunity to cure as
explained further in this memo.
Although a county board’s finding that a Photo ID Exception Form is false will result in the
absentee ballot being rejected, this is not a “deficiency” in the same sense as the ones listed
above. Staff deficiency review of Photo ID Exception Forms is for completeness—not falsity. A
board’s finding of falsity can only come after the board considers other information and gives the
voter notice and an opportunity to be heard on the matter. See Numbered Memo 2020-25, p 8
(“Review of Photo ID Exception Forms”).
4. 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 is in the ballot envelope, more than one ballot is
in the ballot envelope, or two voters’ ballots and ballot envelopes were switched. If the county
board disapproves a ballot envelope by majority vote in a board meeting, it shall proceed
according to the notification process outlined below. If the county board disapproves a ballot for
15 G.S. § 163-230.1(g)(2).
16 If a voter is unable to sign the Photo ID Exception Form due to a disability, the person of the
voter’s choice who is assisting them can sign the Form on the voter’s behalf and must complete
the assistant certification on the envelope. See Numbered Memo 2022-11, p. 3 (Court Order
Regarding Assistance for Absentee Voters with Disabilities).
17 This does not prevent the voter from also choosing to send photo ID cure documentation to the
county board while its review of the application is pending, and staff may encourage the voter to
do so when time is of the essence.
8
a reason based on the voter’s photo ID documentation, it shall proceed according to the
notification process in 08 NCAC 17 .0109 and as outlined below.
Voter Notification
Issuance of an Absentee Ballot Deficiency Notification or New Ballot
If there are any return deficiencies or ballot application deficiencies, 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, enclosing an absentee ballot
deficiency notification, which contains the cure certification, or a new ballot. The written notice
shall also include information on how to vote in-person during the early voting period and on
Election Day. When the voter is issued a new ballot, they must include new photo ID
documentation with their ballot when transmitting it back to the county board, because each
absentee ballot envelope “returned to the county board . . . shall be accompanied by” a
photocopy of the voter’s photo ID or Photo ID Exception Form.18
The written notice shall be sent to the address to which the voter requested their ballot be sent.
The outside of the envelope containing the new ballot or absentee ballot deficiency notification
should be in an official envelope so that it indicates that it contains official election mail, unless
it is not possible due to the use of a specialized USPS or commercial carrier service envelope.
If the deficiency can be cured and the voter has an email address on file, the county board shall
also send the absentee ballot deficiency notification to the voter by email. If the county board
sends the notification by email and by mail, the county board should encourage the voter to only
return one of the notifications with the certification. 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 an absentee ballot deficiency notification.
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 by mail 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.
If there is a photo ID documentation deficiency, the county board must follow the cure process
in 08 NCAC 17 .0109(b). The county board must 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,
18 N.C.G.S. § 163-230.1(f1).
9
enclosing an absentee ballot deficiency notification that identifies the specific deficiencies with
the photo ID documentation. The notification must also inform the voter that the voter, the
voter’s verifiable legal guardian or near relative, or a person of the voter’s choice if the voter
needs assistance due to the voter’s disability, may provide the photo ID cure documentation to
the county board. Staff must additionally notify the voter by telephone or email, using any
telephone number or email address contained in the voter’s registration record or provided by the
voter when requesting an absentee ballot.
The photo ID cure documentation can be either a new photocopy of the voter’s photo ID or a
new Absentee Photo ID Exception Form. A voter who submitted a deficient photocopy of their
photo ID may also submit a Photo ID Exception Form for the first time. A voter may choose to
do so because, in this instance, it is now likely that they are unable to make a photocopy of their
ID to include with their ballot. Likewise, a voter who submitted a deficient Photo ID Exception
Form may also submit a photocopy of a photo ID for the first time. A voter may choose to do so
because they may have obtained a photo ID, or the means to make a photocopy, since the time at
which they transmitted their absentee ballot to the county board. Accordingly, when sending an
absentee ballot deficiency notification for a photo ID documentation deficiency, the county
board must include a blank Absentee Photo ID Exception Form.
Receipt of a Cure Certification or Photo ID Cure Documentation
The cure certification or photo ID cure documentation must be received by the county board of
elections by 5 p.m. the day before county canvass.
The cure documents may only be returned by the voter, the voter’s near relative or legal
guardian, a multipartisan assistance team (MAT), or a person of the voter’s choice if the voter
needs assistance due to the voter’s disability.19 A cure document returned by any other person is
invalid.
The cure documents may be submitted to the county board office by email, by mail or
commercial carrier, in person, or by fax. There is not a postmark requirement for cure documents
returned by mail – the documents must be received by the deadline, not postmarked by the
deadline.
If a voter appears in person at the county board office, they may also be given, and can complete,
a cure certification. Similarly, a voter may appear in person and complete a Photo ID Exception
19 Voters who require assistance in returning their ballot due to the voter’s disability, can direct
the person of their choice to return the ballot according to the voter’s instruction (i.e., by mail or
in person to the county board). See Numbered Memo 2022-11.
10
Form to accompany the ballot envelope20, or request that staff make a photocopy of the voter’s
photo ID to accompany the ballot envelope.21
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, making a photocopy of the voter’s photo ID, or filling out the Photo ID
Exception Form, but the certification and Photo ID Exception Form must be signed by the
voter.22 A wet ink signature is not required for cure documents, 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 an electronic signature program, such as DocuSign.
County Board Review of Cure Documentation
At each absentee board meeting, the county board of elections may consider deficient ballot
return envelopes for which cure documentation has been returned, whether a cure certification or
photo ID documentation. The county board shall consider together the executed absentee ballot
envelope and the cure documentation. If the cure documentation was timely received, includes
the required documentation or attestations, and was returned by an authorized person, the county
board of elections shall approve the absentee ballot. See Numbered Memo 2020-25.
20 The option to complete a Photo ID Exception Form in the county board office is only available
for voters who are voting absentee-by-mail. Voters who vote in person at an early voting site or
on Election Day must complete the Photo ID Exception Form at the voting site. See Numbered
Memo 2023-03.
21 See Numbered Memo 2020-23 regarding staff making photocopies of photo IDs for inclusion
with an absentee ballot envelope.
22 If a voter is physically unable to sign or make their mark on the Photo ID Exception Form due
to disability, any person of that voter’s choice can write in the signature line, “Disabled - cannot
sign.” See Numbered Memo 2022-11.
Mailing Address: P.O. Box 27255
Raleigh, NC 27611
(919) 814-0700 or
(866) 522-4723
Fax: (919) 715-0135
Numbered Memo 2020-25
TO: County Boards of Elections
FROM: Karen Brinson Bell, Executive Director
RE: Absentee Board Meetings
DATE: September 22, 2020 (updated September 23, 2020, and September 18, 2023)
This numbered memo addresses the requirements and procedures for conducting absentee ballot
meetings, as set forth in state law. It also addresses questions that are commonly asked in
connection with absentee meetings or the review and custody of absentee ballots.
Legal Requirements for Absentee Meetings
General Requirements
Beginning every Tuesday on the fifth Tuesday before Election Day, county boards of elections
must hold a public meeting at 5:00 p.m. to review and act upon absentee ballots.1 The county
board of elections may change the time of these meetings (to an earlier or later time) and may
provide for additional meetings. However, absentee meetings may not be held prior to the fifth
Tuesday before Election Day. Any meetings that are held at a different time on Tuesdays and
any additional meetings must be noticed in a county newspaper at least 30 days prior to the
election. You must also send notice of absentee meetings to your regular notice list, including to
the county political parties.
At each absentee board meeting, the board must act upon all absentee container-return envelopes
received prior to that meeting and after the previous absentee meeting.2 An absentee meeting
must be held if there are any absentee ballots (absentee by mail or one-stop early voting ballots)
for the board to review. Absentee meetings should only be cancelled if the board has not
1 G.S. §163-230.1(f).
2 See G.S. § 163-230.1(e): “At its next official meeting after return of the completed container-
return envelope with the voter’s ballots, the county board of elections shall determine whether
the container-return envelope has been properly executed.” (Emphasis added.)
2
received any absentee container-return envelopes since the last absentee meeting.3 If you
anticipate a high volume of absentee ballots returned, it is strongly recommended that your board
schedule additional absentee board meetings and/or begin meetings earlier than 5:00 p.m.
A county board may recess an absentee board meeting to a date and time certain if it is not
possible to complete review of absentee ballots during the specified meeting period. The notice
should be sent as soon as possible but it is not required to be sent 48 hours in advance of the
reconvened meeting if that is not possible based on when the meeting was recessed from.
To determine how many additional absentee meetings you need to schedule, consider how many
absentee ballot requests your county has received to date, how many total requests your county
received for a similar election in the past, and estimate how many requests you anticipate based
on the county’s current rate of requests. For example, if your county received 6,000 requests in
November 2016 and you anticipate a 50% increase for the November 2024 election, that would
be 9,000 requests total. If you have six absentee board meetings and everyone who requested a
ballot returned one, your board would need to consider approximately 1,500 ballots per meeting.
If your board scheduled ten absentee meetings, your board would consider around 900 ballots
per meeting.
County Board Member Attendance
Absentee board meetings require a quorum of members present. A quorum is three members.4
If at all possible, at least one member from each political party should be represented at each
absentee meeting when the board is approving absentee applications. Because board members
must be able to view absentee envelopes in order to approve or disapprove the ballot, a
quorum of board members must be physically present during each absentee board
meeting.
Once a quorum is physically present, remaining board members may attend the meetings via live
video feed, but they must have a secure way to view the meeting and to participate. They must be
able to view all materials that board members are reviewing to make decisions on the absentee
envelopes.
3 See G.S. § 163-230.1(f), entitled “Required Meeting of County Board of Elections”: “During
the period commencing on the fifth Tuesday before an election . . . the county board of elections
shall hold one or more public meetings each Tuesday at 5:00 p.m. for the purpose of action on
applications for absentee ballots.” (Emphasis added.)
4 G.S. § 163-31(d): “A majority of the members shall constitute a quorum for the transaction of
board business.”
3
A majority of board members present at a meeting must vote for an action for it to pass.
Public Attendance
Absentee board meetings are public meetings and are subject to North Carolina’s open meetings
laws. For absentee meetings, it is recommended that the county board locate a meeting room
large enough to accommodate members of the public. If it is not possible to procure a
sufficiently large space for those who may want to attend in person, the county board of elections
should consider broadcasting the absentee board meetings via video feed using a service such as
WebEx or Microsoft Teams.
The public in attendance must be able to see and hear the proceedings without compromising the
secrecy of any voter’s ballot. Staff must ensure that the public cannot view any voted ballots or
other confidential information, such as a photocopy of a voter’s photo ID included with their
ballot or a ballot identifier number (CIV, MIL, etc.), either in person or on a video feed. County
board members and staff must be particularly mindful of ballot secrecy when duplicating ballots
and inserting ballots into the tabulator.
The public is not permitted to disrupt the process of adjudicating the validity of absentee
applications by the board and is not part of the deliberation process during absentee board
meetings. The decision of the county board of elections as to the validity of an envelope is final
and is not subject to public comment, objection, or review.5
Confidentiality of Absentee Register
G.S. § 163-228 requires county boards of elections to keep a register of absentee ballot requests
that includes information about the request, the address to which the ballot should be sent, the
date of the request, the voter’s precinct, and other information. The absentee request register is
confidential and not a public record until Election Day.6 County boards of elections are not
permitted to release copies of absentee request forms or identifying information that could be
used to determine that a voter requested an absentee ballot.
5 G.S. § 163-230.1(f): “At these meetings, the county board of elections shall pass upon
applications for absentee ballots. . . . The decision of the board on the validity of an application
for absentee ballots shall be final subject only to such review as may be necessary in the event of
an election contest.”
6 G.S. § 163-228(c).
4
Absentee request data is no longer confidential when the ballot is returned to the county board of
elections office.7 Therefore, names of absentee voters may be read aloud during the absentee
board meetings, as the ballot has been returned to the county board office at that point. If,
however, a ballot has been delivered but there is a deficiency requiring the ballot to be spoiled
and reissued, that voter’s name cannot be read aloud or otherwise disclosed, because that voter’s
ballot is still outstanding. Reading from lists of voters who have requested absentee ballots or
otherwise releasing the names of voters with outstanding requests is prohibited until the ballot is
returned or until Election Day. It is a Class G felony for a person to “steal[], release[], or
possess[] the official register of absentee requests for mail-in absentee ballots as provided in G.S.
163-228 prior to the opening of the voting place.”8 This does not apply to a ballot that has been
received by the county board and is in a pending cure status, because at that point the ballot has
been returned and it is only the cure certification for the voter’s signature deficiency or the
voter’s photo ID cure documentation that must be submitted for the absentee application to be
complete.
Confidentiality of Copies of Photo ID and Information on a Photo ID Exception Form
The photocopy of a voter’s photo ID is confidential and not a public record subject to
disclosure.9 This means that the photocopy of the photo ID cannot be redacted and disclosed,
because the entire photocopy is a confidential record under the law. The public is not permitted
to view or receive copies of a voter’s copy of their photo ID submitted with their absentee ballot.
A Photo ID Exception Form is a public record. However, the Form is likely to contain
confidential information that must be redacted, when submitted with an absentee ballot. The
most common reason for submitting a Photo ID Exception Form with an absentee ballot is likely
to be that the voter is unable to make a photocopy of their ID to include with their ballot, which
is a “reasonable impediment” specifically identified in the law.10 When choosing this option, the
voter is required to write on the Form their North Carolina driver’s license number, DMV ID
7 See G.S. § 163-233(b), which makes the list of absentee applications received by the county
board a public record.
8 G.S. § 163-237(d6).
9 G.S. §§ 163-82.10(a1) and 163-233(a).
10 G.S. § 163-230.1(g)(2).
5
number, or last 4 digits of their social security number.11 The public is not permitted to view this
confidential information during an absentee meeting.12
Procedures for Review of Absentee Ballot Materials
At each absentee board meeting, the county board of elections will review each absentee ballot
container-return envelope (ballot envelope) to determine whether it has been properly executed
and is accompanied by either a photocopy of the voter’s photo ID or a completed Photo ID
Exception Form (photo ID documentation), and if so, to approve the application and ballot.13
Given the volume of absentee ballots the county board is required to review and act upon at each
meeting, certain preparatory work should be performed by staff in advance, and the board should
consider ways to streamline the process.
Delegation of Preparatory Work
The county board of elections has the authority to delegate to its director “so much of the
administrative detail of the election functions, duties, and work of the board, its officers and
members, as is now, or may hereafter be vested in the board or its members as the county board
of elections may see fit.”14 However, the board may not delegate to a director or other staff any
of its quasi-judicial or policymaking duties and authority.
Based on the volume of absentee ballots a county board anticipates receiving, the county board
should determine which preparatory tasks staff can complete prior to absentee board meetings. A
delegation of administrative duties by the board to the director or staff should occur by
majority vote. The delegation may be by resolution or the approved motion should be
documented in the minutes. It should delegate specific preparatory steps that staff can perform
prior to absentee board meetings, and the delegation must provide for oversight by the board.
Preparatory steps include:
• Inspecting ballot envelopes and return envelopes for deficiencies and contacting voters as
required by Numbered Memo 2021-03. Please note that voters must be contacted within
one business day of when staff identify the deficiency. It is not permissible to wait for the
absentee board meeting to contact the voter about a deficiency.
11 G.S. § 163-230.1(g)(2).
12 Similarly, in the rare situation when a voter writes confidential information in the “Other” line
on the Photo ID Exception Form, the county board would need to redact that information too.
13 G.S. § 163-230.1(e), (f), and (f1).
14 G.S. § 163-35(d).
6
• Sorting ballot envelopes with accompanying photo ID documentation into categories for
the board to review and take action (e.g., approve or reject).
• Verifying the list of ballot envelopes against the absentee pollbook.
• Performing ballot duplication with a bipartisan team.
A delegation of administrative duties to the director or staff does not need to include a
preliminary review of photo ID documentation for deficiencies because this has already been
tasked to staff by an administrative rule adopted by the State Board.15
Staff Review of Envelopes
Upon receipt of an absentee ballot at the county board office, staff must review the materials
accompanying the ballot—the photo ID documentation and the ballot envelope/application—to
ensure there are no deficiencies.
First, staff must confirm that the voter has included the necessary photo ID documentation and,
if so, review that documentation to ensure that it meets the requirements of the administrative
code provisions governing the approval of photo ID for absentee ballots, 08 NCAC 17 .0109(a)
& (b).
If the voter has included a photocopy of their photo ID, then staff should make an initial
determination that:
• The ID is a type of ID that is acceptable for voting purposes;
• The ID meets any applicable expiration requirements;
• The name on the ID can be read;
• The photograph on the ID depicts a person (not a shadow or outline of a person); and
• The name on the ID is the same as or substantially equivalent to the voter’s name in their
voter record.
If the voter has included a Photo ID Exception Form, then staff should make an initial
determination that the voter has:
• printed their name;
• checked the box for at least one claimed exception from the photo ID requirements; and
• signed the Form.16
15 08 NCAC 17 .0109(b).
16 If a voter is unable to sign the Photo ID Exception Form due to a disability, the person of the
voter’s choice who is assisting them can sign the Form on the voter’s behalf and must complete
the assistant certification on the envelope. See Numbered Memo 2022-11, p. 3 (Court Order
Regarding Assistance for Absentee Voters with Disabilities).
7
If any deficiency exists with either a photocopy of the voter’s photo ID or a voter’s Photo ID
Exception Form, staff must follow the photo ID cure process in 08 NCAC 17 .0109(b) and as
described in Numbered Memo 2021-03.
Second, staff must inspect the absentee ballot envelope to make an initial determination as to
whether the envelope was properly executed, and if there is a deficiency with the envelope,
whether that deficiency can be cured by the voter. If a voter signature deficiency exists, staff
must follow the cure process in Numbered Memo 2021-03.
Third, staff should perform an initial sort of ballot envelopes into categories upon initial review
and to present those recommendations to the board at each absentee board meeting. Those
categories may include designations for recommended approval, recommended disapproval,
envelopes awaiting a cure certification or photo ID cure documentation, and those that staff have
questions about that require deliberation by the board. The delegation may also require staff to
prepare a report to the board indicating the number of ballot envelopes in each category for
reconciliation purposes.
Board Review of Envelopes
The board may, by majority vote, accept staff’s recommendation for absentee ballot envelopes
that staff have reviewed and recommended for approval. The delegation must include a process
for the board to spot-check the envelopes and photo ID documentation to ensure accuracy and
consistency. However, the board must individually review all ballot envelopes that: (1) have
been recommended for disapproval by staff, (2) have a cure certification associated with that
ballot envelope, or (3) where staff need further guidance from the board as to whether the
envelope was properly executed or the photo ID documentation meets all legal requirements.
It is also permissible for bipartisan teams of board members to pair off to review absentee ballot
envelopes during each meeting, if the board votes to allow this.
Whether the county board delegates the initial review of absentee envelopes to staff or chooses
to have a bipartisan team of board members review envelopes during the meeting, all board
members present at the meeting must approve or disapprove the ballots. A decision as to whether
an envelope is properly executed and whether the photo ID documentation meets all
requirements must be decided by a vote of the board as a whole and not by individual
members.17 A board’s decision to disapprove a ballot based on a finding that a voter’s Photo ID
17 G.S. § 163-230.1(f) (“The county board of elections shall constitute the proper official body to
pass upon the validity of all applications for absentee ballots received in the county; this function
shall not be performed by the chairman or any other member of the board individually.”); see also
08 NCAC 17 .0109(c) (“Final Review by County Board”).
8
Exception Form is false can only be made by unanimous decision of all members of the board
participating in the vote, and that decision must be in writing.18 A decision to disapprove a ballot
for any other reason, or to approve the ballot, is by majority vote.
Review of Photo ID Exception Forms
The board must also individually review all completed Photo ID Exception Forms where staff
has indicated that available information may lead the board to conclude that the Form is false.
When staff has given this indication to the board, or if a board member raises a question as to the
falsity of the Form after staff review, the voter must be given notice and an opportunity to be
heard on the information that will be considered by the board, unless one or more board
members disagree that there are grounds to believe the affidavit is false (in which case there is no
need to notify the voter, since a finding of falsity on the Form must be unanimous).19 If the board
is considering a finding of falsity, the board’s review of the envelope should remain in a pending
status until the absentee meeting at which the voter has the opportunity to be heard, and the
board can only make a final decision on the approval or disapproval of the envelope after the
voter has that opportunity to be heard regarding their Form. Numbered Memo 2023-03 contains
guidance as to what may be considered by a county board when reviewing a voter’s Photo ID
Exception Form.
Review of Photo ID Photocopies
If the board reviews a photocopy of a voter’s photo ID that staff have identified as being
acceptable, but unanimously determines that the photocopy of ID does not meet all legal
requirements, staff are required to notify the voter.20 If this determination is made at an absentee
meeting prior to the county canvass, the board’s review of the envelope should remain in a
pending status until the county canvass, because in this instance the voter can still submit a new
photocopy of their photo ID, or a Photo ID Exception Form if they are unable to submit a
photocopy of their photo ID.
Review of Deficient Photo ID Documentation that Is Uncured
If staff has indicated that a voter’s photocopy of their photo ID or Photo ID Exception Form is
deficient, and the photo ID documentation remains uncured, the board must reserve its final
decision on the approval of the envelope until the county canvass and, when doing so, must
individually review the photo ID documentation that has not been cured.21 An uncured
18 08 NCAC 17 .0109(c)(2).
19 08 NCAC 17 .0109(c).
20 08 NCAC 17 .0109(c)(1).
21 08 NCAC 17 .0109(c)(3).
9
deficiency with the photo ID documentation does not prevent the board from making a
preliminary determination on the envelope when staff has indicated further guidance is needed as
to a potential deficiency, so that any envelope-related deficiencies can also be identified and the
voter notified.
Formalizing Approval of Envelopes
After absentee envelopes and accompanying photo ID documentation are approved by the board,
the task of stamping every envelope with “Approved” and stamping or otherwise affixing the
chair’s signature or initials to the ballot envelopes may be delegated to staff. Alternatively, the
board’s delegation may authorize the board to sign a cover sheet containing a list of envelopes
that were acted upon during the meeting and indicating whether those envelopes were approved
or disapproved in lieu of signing the individual envelopes. The delegation may also apply to
review and approval of one-stop absentee applications.
Scanning Absentee Ballots at Absentee Board Meetings
It is important to distinguish between scanning and tabulating approved ballots, because the law
permits each task to occur at different times. “Scanning” is a preparatory step that occurs when
the approved absentee ballots are opened, removed from the envelope, and inserted into the
tabulator. The tabulator reads the ballots but does not print the totals at that time, and no election
returns are released. “Tabulating” or “counting” occurs on Election Day and involves closing the
polls on a tabulator and printing tabulated results from ballots that have been previously scanned.
A county board of elections may, by majority vote, decide to scan absentee ballots during each
absentee meeting.22 If a county board anticipates a large volume of absentee ballots, it is
strongly recommended that the board authorize the scanning of approved ballots during
absentee board meetings instead of waiting until Election Day.
The scanning cannot begin until a majority of the board members and at least one board member
of each political party is in attendance. If a board member of each political party is not available,
the chair or other member of the executive committee of the county political party of the absent
member must be present. The political party representative shall act as an official witness to the
scanning and shall sign the absentee ballot abstract as an “observer.”23
Staff may enter the approved ballots into the tabulator, but each board member present is
responsible for and must observe and supervise the opening of the envelopes and scanning of the
22 G.S. § 163-234(3).
23 G.S. § 163-234(9).
10
ballots.24 It is not permissible for approved ballot envelopes to be opened, for ballots to be
removed from the envelope, or for ballots to be inserted into the tabulator outside of a
board meeting. These tasks cannot be delegated to staff to complete outside of a board
meeting.
If the board chooses to scan approved ballots during absentee meetings, it should consider ways
to make the process as efficient and streamlined as possible. For example, the board could
approve staff-recommended ballots first, then direct the staff to open those envelopes and enter
the ballots into the tabulator while the board reviews the envelopes that require further
consideration and those that staff have recommended be disapproved.
Scanning of ballots must be performed during a board meeting, and if scanning occurs before
Election Day, ballots must be scanned at the same meeting during which they were approved.25
The number of approved absentee ballots must be reconciled with the number of ballots inserted
into the tabulator. Reconciliation should be completed at each board meeting. If it is not possible
to scan all approved ballots at that meeting, the board may recess the scanning to a time and date
certain, which could be the next absentee board meeting. The county board should send out the
notice as soon as possible but it is not required to be sent 48 hours in advance of the reconvened
meeting. Ballots should be processed in groups, so that ballots from all opened ballot envelopes
are processed in the same meeting.
Election Day Meeting
County boards are strongly encouraged to begin counting ballots at 2 p.m. rather than 5 p.m. on
Election Day to avoid a delay in absentee results being released on election night.26 County
boards may begin counting UOCAVA ballots beginning at 9 a.m. on Election Day.
To begin counting ballots prior to 5 p.m., a county board must adopt a resolution at least two
weeks prior to the election stating the hour and place of the counting of absentee ballots. The
resolution also may provide for an additional meeting following the day of the election and prior
to the day of canvass to count absentee ballots received pursuant to G.S. 163-231(b)(ii) or (iii) as
provided in subdivision (11) of G.S. § 163-234. A copy of the resolutions shall be published
24 G.S. § 163-234(5).
25 G.S. § 163-234(3): “Notwithstanding the provisions of subdivision (2) of this section, a county
board of elections may, at each meeting at which it approves absentee ballot applications
pursuant to G.S. 163-230.1(c) and (c1), remove those ballots from their envelopes and have them
read by an optical scanning machine, without printing the totals on the scanner.” (Emphasis
added).
26 G.S. § 163-234(2).
11
once a week for two weeks prior to the election, in a newspaper having general circulation in the
county. Notice may additionally be made on a radio or television station or both, but such notice
shall be in addition to the newspaper and other required notice.
At its meeting on Election Day, county boards must count all absentee ballots that have come in
prior to 5 p.m. on the day before Election Day. No absentee ballot counting results may be
released until after the polls close.
Ballot Duplication
UOCAVA ballots and ballots that have been damaged or otherwise cannot be read by the
tabulator must be duplicated in order to be scanned by the machine and to avoid having to
manually enter the voter’s selections into the reporting software. County boards may adopt a
policy to authorize a bipartisan team of staff members or poll workers to duplicate ballots outside
of an absentee board meeting. The policy must include the following:
• Each bipartisan duplication team must consist of at least three staff members, with no
more than two members being of the same political affiliation. It is a best practice to have
at least four members, two of each political party, to ensure accuracy.
• The director must supervise and train all members of the duplication team and assign the
following roles:
o Ballot Caller – Announces the voter’s selections listed on the original ballot to the
Ballot Duplicator and Ballot Reviewer.
o Ballot Duplicator – Replicates the voter’s selections from the original ballot onto
the machine-readable ballot as instructed by the Ballot Caller.
o Ballot Reviewer – Reviews the Ballot Caller’s readings from the original ballot
and compares it to the selections recorded on the machine-readable ballot by the
Ballot Duplicator to ensure accuracy. It is a best practice to have two ballot
reviewers, one who will review the selection announced by the Ballot Caller and
one who will review the selection made by the Ballot Duplicator.
• Prior to the start of the ballot duplication process, each member of the bipartisan
duplication team must complete a participation log noting the date, time, and their name,
role, and party affiliation.
• During the ballot duplication process, the duplication team is not permitted to leave each
other’s immediate presence until the process has been completed, unless authorized by
the director.
• All duplicated ballots must contain the following in the blank box at the top of each
ballot:
o A notation (for example, “DUP”) to indicate the ballot is a duplicate of the
original.
o The ballot number assigned to the voter.
o The precinct of the voter.
12
• Upon completion of the process, the team must do the following:
o Ensure that the duplicated ballots are attached to the corresponding original
ballots for the Board to verify at its next scheduled meeting.
o Enter the time of completion and their signatures to the ballot duplication log.
o Provide the completed duplication log and the ballots to the director.
• The director must ensure that the ballots are kept in a secured container until the next
absentee board meeting.
• The board must review each duplicated ballot at its next scheduled board meeting prior to
approval of the ballots.
It is a best practice to have a duplication team present at every meeting to duplicate any damaged
ballots that are identified during the board meeting. Duplicating ballots at the board meeting
when the ballot envelope was approved reduces the likelihood of mistakes.
Control of Board Meeting
The county board of elections is responsible for maintaining control at its absentee board
meetings. The county board must ensure that the public receives proper notice of the board
meeting and is given the opportunity to attend. However, because state law vests members of the
county board with the duty to approve absentee ballots and the board’s decision is final, the
county board should not permit public comment while absentee envelopes and the accompanying
photo ID documentation are being adjudicated, or while ballots are being duplicated, sorted, or
tabulated. The board also should not permit questions from the public as the board approves
absentee envelopes and photo ID documentation, to avoid disruption of proceedings which must
be carefully managed, the potential for outside influence of the board’s decisions, and the
potential for nonuniform review of ballots. G.S. 163-234 is very clear that others shall be
permitted to attend the meeting during which absentee ballots are counted and observe the
process, but may not interfere with the election officials in the discharge of their duties.27
It is recommended that the board chair explain the process at the beginning of the board meeting
and state that public comment is not permitted during the approval and scanning of absentee
ballots. The board may, but is not required to, designate a separate part of the meeting for public
comment.
At the end of each board meeting, the goal is total reconciliation of all envelopes, photo ID
documentation, and ballots. To do that requires careful control of every document in the room. It
27 G.S. § 163-234(2): “Any elector of the county shall be permitted to attend the meeting and
allowed to observe the counting process, provided the elector shall not in any manner interfere
with the election officials in the discharge of their duties.”
13
also requires ensuring that the board members focus on the task at hand and that the public
remains in an observer rather than a participant role. Envelopes, photo ID documentation, and
ballots must not be allowed to be removed from assigned areas. A voter’s photo ID
documentation must also be retained with the voter’s corresponding envelope. The reconciliation
process shall ensure the number of ballot envelopes in each stack is tracked, and that the number
of envelopes approved at the meeting is equal the number of ballots entered into the tabulator.
The county board shall record the count on the tabulator at the start and end of each absentee
meeting. A sample reconciliation log that you may use for process is available here.
Public Records Requests for Envelopes
Some county boards may have received public records requests for absentee ballot return
envelopes. Ballot return envelopes are public records under North Carolina’s Public Records
Act, with exceptions for voter signatures and CIV number.28 Public records requests should not
be fulfilled during a board meeting, but must be fulfilled as promptly as possible. Photo ID
photocopies and Photo ID Exception Forms are technically separate documents from absentee
ballot envelopes, so each are addressed separately below, even though these are retained with the
envelopes. Photo ID photocopies are confidential and should never be provided, and Photo ID
Exception Forms may need to be redacted due to confidential information included on the
forms.29
Providing Copies of Envelopes
Prior to providing a copy of the envelope to the requestor, the voter signature and CIV number
must be redacted, as the number links the envelope to a particular voter's ballot. Witness or
assistant information may not be redacted.
To redact the voter signature and CIV number, you may copy the envelope, mark through the
confidential information on the copy, and then copy it again. Some counties have used
removable tape or a cardboard or other thick paper cutout to cover the confidential information
when making a copy. Digital copies may also be provided using a template redaction tool in a
PDF editing program like Adobe.
Viewing Envelopes
Unredacted envelopes may be viewed by the public in your office, though no copy, photo, or
tracing may be made. A county board must ensure that the requestor is monitored while
28 G.S. §§ 132-1.2(4), 163-82.10(a), 163-165.1(e). See also Numbered Memo 2016-25 and
Numbered Memo 2022-01.
29 G.S. § 163-82.10(a1), 163-233(a).
14
reviewing the envelopes in the office to ensure the voter’s signature is not retained. Absentee
ballot return envelopes contain an identifier that is linked to the ballot, so this identifier must also
be redacted from public view to protect the secrecy of the ballot.
Photo ID Documentation
Photo ID documentation must be retained with the envelope because it is reviewed as part of the
absentee application. For this reason, the photocopy of photo ID or Photo ID Exception Form
must be retained for as long as the county retains that voter’s corresponding absentee envelope.30
As noted above, the photocopy of a voter’s photo ID is not a public record, and therefore a
county board should not provide a copy of the photocopy of photo ID or allow viewing of the
photocopy of photo ID in response to a public records request. The photocopy of photo ID must
be retained with the voter’s corresponding envelope through at least the end of canvass and the
certification of all elections in the county. After that time, for efficiency in responding to public
records requests and to reduce the likelihood of a mistaken disclosure, a county board can
separate the photocopy of photo ID from the corresponding envelopes and securely store them in
a separate container—so long as the photocopies of photo ID are still stored in the same secure
location as the envelopes.
Unlike the photocopy of photo ID, a Photo ID Exception Form is a public record. If a public
records request seeks copies or viewing of Photo ID Exception Forms, the county board will
need to redact any confidential information from the Form before allowing the requestor to view
the form or receive a copy.
Finally, if allowing a requestor to review an envelope in person and the photo ID documentation
has not been separated from the envelope, a county board should first separate the photocopies of
photo ID from their respective envelopes and redact confidential information on Photo ID
Exception Forms before allowing the public to review the envelopes.
30 This period is at least 22 months for primaries and elections involving a contest for federal
office, 52 U.S.C. § 20701, and at least one year for primaries and elections not involving a
contest for federal office, G.S. § 163-233(c).
1
Mailing Address: P.O. Box 27255, Raleigh, NC 27611
(919) 814-0700 or(866) 522-4723
Fax:(919) 715-0135
Numbered Memo 2022-15
TO: County Boards of Elections
FROM: Karen Brinson Bell, Executive Director
RE: Postmark Requirement for Mailed Civilian Absentee Ballots
DATE: November 7, 2022
The purpose of this numbered memo is to identify the different ways that a “postmark” may
appear on an absentee ballot container-return envelope, to help guide the process of determining
whether a civilian absentee ballot that is received after Election Day may be approved.1
Postmark Requirement
Under N.C.G.S. § 163-231(b)(2)b, civilian absentee ballots that arrive at the county board office
after Election Day are timely, if
[t]he ballots . . . are postmarked and that postmark is dated on or before
the day of the statewide primary or general election or county bond
election and are received by the county board of elections not later than
three days after the election by 5:00 p.m.2
The postmark requirement for civilian ballots received after Election Day is in place to ensure
that votes transmitted by mail were cast on or before Election Day. (There is no postmark
requirement for military or overseas citizen ballots.3)
The United States Postal Service (USPS) utilizes different postmarks to signify the location and
date the USPS accepted custody of a mailpiece, and to indicate that the postage on the mailpiece
has been used. (Accordingly, applying a postmark is sometimes referred to as “cancelling” the
1 N.C.G.S. § 163-231(b)(2)b.
2 If the third day after Election Day is a holiday—as it is this year—the receipt deadline moves to the next
business day, which is Monday, November 14 this year. See N.C.G.S. § 103-5(a).
3 N.C.G.S. § 163-258.12(b). Military-overseas (or UOCAVA) ballots that are mailed must be received by
5:00 p.m. the day before county canvass. N.C.G.S. § 163-258.12(a).
2
postage on a mailpiece.4) However, USPS does not always affix a postmark to a ballot return
envelope5 and sometimes postmarks are illegible. Nonetheless, under North Carolina law, a
civilian absentee ballot that is received after Election Day and before the receipt deadline
may be counted only if it contains a postmark and the county board can discern that the
date on that postmark is Election Day or earlier.
For illustrative purposes, Attachment A contains images showing the various types of
postmarks that USPS may affix to postage on an envelope. This material was provided by the
USPS counsel’s office. Please take note of the following:
•All included postmark examples are valid. Every example, except for Item 12, is a
machine-generated postmark, displaying in text the location and date of cancellation of
postage. Item 12 shows a manually applied, or hand-stamped postmark.
•Sometimes the postage on an envelope will include a date as well. That may also count as
a valid postmark, but only in the examples of Items 4 and 7. In those examples, the
postage is applied at a USPS retail counter and contains the date of receipt by USPS. So
even if there is no separate machine-generated or hand-stamped postmark, the date
appearing in one of these types of postage will still count as a valid postmark.
On the other hand, the postage in Items 3 and 5 is not applied at a USPS retail counter but
is instead applied by a business or other postal consumer, often using a private postage
meter. Accordingly, the date in the postage in Items 3 and 5 cannot be used, by itself, as a
postmark. You would need to have a traditional hand-stamped or machine-generated
postmark, as well, for the ballot to count. Because the examples in Items 3 and 5 have
both the postage and the machine-generated postmark, they are examples of acceptable
postmarks.
4 See U.S. Postal Service, Handbook PO-408 – Area Mail Processing Guidelines, § 1-1.3 Postmarks,
available at https://about.usps.com/handbooks/po408/ch1 003.htm.
5 See U.S. Postal Service, Office of Inspector General, Processing Readiness of Election and Political
Mail During the 2020 General Elections Report Number 20-225-R20, 3 (“. . . we found that ballots are
not always being postmarked as required and it is a challenge for the Postal Service to ensure full compli-
ance. Some ballots did not receive a postmark due to: (1) envelopes sticking together when processed on a
machine; (2) manual mail processing; or (3) personnel unaware that all return ballots, even those in pre-
paid reply envelopes, need to receive a postmark.”).
Item Postage Description Cancellation type Cancellation picture Application method
6 SSK Stamp Alternate Cancellation
8 PPI Alternate Cancellation
9 PERMIT Alternate Cancellation
AFSM Flats Cancellation
Mark Wavy bar
7 PVI (non-RSS)
Alternate Cancellation
(Note - the date on the PVI label is
also a valid indication of USPS
acceptance)
10 Alternate Postage / Picture
permits Alternate Cancellation
11
12 Hand-Stamped Postmark Circular Date and Origin Manual Letter
4 RSS
Alternate Cancellation
(Note - the date on the RSS label is
also a valid indication of USPS
acceptance)
5 SSK Label Alternate Cancellation
2 Meter Marks without IBI Wavy bar
3 Meter Marks with IBI Alternate Cancellation
Automated Letter MPE
Automated Letter MPE
Automated Letter MPE
Automated Flats MPE
Automated Letter MPE
Automated Letter MPE
Automated Letter MPE
Automated Letter MPE
Automated Letter MPE
Automated Letter MPE
For illustrative purposes only. Contains sample postage and postmarks.
Wavy barStamps1 Automated Letter MPE
ATTACHMENT A
1
Mailing Address: P.O. Box 27255, Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax:(919) 715-0135 Numbered Memo 2022-11
TO: County Boards of Elections
FROM: Karen Brinson Bell, Executive Director
RE: Court Order Regarding Assistance for Absentee Voters with Disabilities
DATE: August 29, 2022
On July 11, 2022, a federal court issued an order invalidating state laws preventing certain
individuals from helping disabled voters request, complete, and submit absentee ballots.1 The
court determined that these laws, as applied to disabled voters, violate federal law. Specifically,
Section 208 of the Voting Rights Act permits any voter who is blind, disabled, or unable to read
or write to request “assistance by a person of the voter’s choice, other than the voter’s employer
or agent of that employer or officer or agent of the voter’s union.”2
This numbered memo provides guidance for county boards to comply with the court order. It
supersedes Numbered Memo 2020-15 and any other prior memo to the extent they provide
guidance regarding who may assist an absentee voter who needs assistance due to a disability.
Assistance for Absentee Voters with Disabilities
Voters who need assistance voting absentee by mail due to their disability may now receive
assistance from any person they choose. This could be a friend, relative, or any other person the
voter chooses to assist them. A candidate may not witness the ballot of a voter unless the
candidate is the voter’s near relative.3
Voters in Covered Facilities
A voter who needs assistance due to a disability and is a patient or resident in a covered facility
may receive assistance from any person they choose. They may receive assistance from the staff
1 Disability Rights NC v. State Board of Elections, 5:21-CV-361-BO, Order on Motion for Summary
Judgment (E.D.N.C. July 11, 2022). The specific laws that were invalidated with respect to assisting
disabled voters are N.C.G.S. §§ 163-226.3, -230.1, -230.2, -230.3, and -231(b)(1).
2 52 U.S.C. § 10508.
3 However, a voter living in covered care facilities may receive assistance from a candidate if the voter
needs assistance due to the voter’s disability.
2
of the hospital, clinic, nursing home, or rest home where they are a patient or resident. There is
no requirement that the facility staff complete a log when they assist a voter, although the facility
may choose to do so. Facility staff are not required to assist a voter if they do not wish to do so
or are instructed not to do so by the facility. Facility staff may continue to rely on multipartisan
assistance team (MAT) members to assist their residents, if that is the facility’s preference.
Under the court’s order, a voter in a covered facility who needs assistance due to a disability may
also receive assistance from an elected official, political party officeholder, or candidate. They
may still request and use a MAT, but they are not required to do so.
A voter who is a patient or resident in a covered facility but who does not need assistance due to
a disability may request assistance from a near relative, legal guardian, or a MAT. Recall, the
court’s order changes the rules only for voters who need assistance due to a disability. If a near
relative, legal guardian, or MAT is not available within seven calendar days of such a voter’s
request, the voter may get assistance from anyone EXCEPT:
• An owner, manager, director, or employee of the hospital, clinic, nursing home, or rest home where the voter is a patient or a resident;
• An elected official, candidate, or officeholder in a political party; or
• A campaign manager or treasurer for a candidate or political party.4
Assistance with Absentee Voting
Absentee Requests
Upon request of a voter who needs assistance due to a disability, any person may assist the voter
by:
• Completing the absentee request form, according to the voter’s instruction;
• Making the absentee request on the voter’s behalf, according to the voter’s instruction;
and
• Returning the request form, according to the voter’s instruction. The assistant may return
the request form by mail or in person, or through the State Board’s online portal.
4 N.C.G.S. § 163-226.3(a)(4).
3
The assistant must complete Section 9 of the request form, including providing their name and
address. The form is invalid if the assistant does not provide information such that the assistant’s
name and address can be determined.5
If the assistant is making the request for the voter (i.e., not just helping to fill out the form, but
making the request in lieu of the voter), they must also complete and sign Section 8. As long as
the assistant’s address is listed in either Section 8 or Section 9, it is not required to be listed twice
since the assistant’s address can be determined if it is listed once.
Absentee Container-Return Envelopes
Upon request of a voter who needs assistance due to a disability, any person, including a MAT
member, may assist the voter by:
• Completing the absentee container-return envelope, according to the voter’s instruction;
• Marking the ballot, according to the voter’s instruction;
• Signing the envelope if, due a disability, the voter is unable to sign or make their mark;
and
• Returning the ballot, according to the voter’s instruction. The assistant may return the
ballot by mail or in person to the county board of elections office or a one-stop site in the
county.
The assistant must complete the Voter Assistant Certification section of the envelope. If a
voter is physically unable to sign or make their mark due to disability, the person assisting with
the ballot should write in the signature line, “Disabled - cannot sign” and must complete the
Voter Assistant Certification located on the back of the ballot return envelope.
The assistant may return a cure certification for a voter who needs assistance due to a disability.
See Numbered Memo 2021-03 for information about the cure process for deficient absentee
container-return envelopes. County boards shall keep a log for cure certifications that are
hand-delivered to the county board office.
Absence for Sickness or Physical Disability
If a voter expects to be unable to go to the voting place to vote in person on Election Day
because of that voter’s sickness or other physical disability, any of the following people may
5 N.C.G.S. § 163-230.2(e1) states: “If a voter is in need of assistance completing the written request form
due to blindness, disability, or inability to read or write and there is not a near relative or legal guardian
available to assist that voter, the voter may request some other person to give assistance, notwithstanding
any other provision of this section. If another person gives assistance in completing the written request
form, that person’s name and address shall be disclosed on the written request form in addition to the
information listed in subsection (a) of this section.” (Emphasis added.)
4
make the request for absentee ballots in person to the board of elections of the county in which
the voter is registered after 5:00 p.m. on the Tuesday before the election but not later than 5:00
p.m. on the day before the election:
• The voter;
• The voter’s near relative or legal guardian; or
• Any other person, if the voter needs assistance due to a disability.
Upon receipt of a completed request form, the county board shall personally deliver the
application and ballots to the voter, near relative, legal guardian, or assistant.6
Assistance with In-Person Voting
The requirements for who may assist a voter voting in person have not changed.
A disabled or illiterate voter who is voting in person may receive assistance from a person of the
voter’s choice, other than the voter’s employer or agent of that employer or an officer or agent of
the voter’s union.7 There is no limit on how many voters an assistant may assist, if properly
requested.
Answers to Frequently Asked Questions
Q1: May a voter who needs assistance due to a disability receive assistance from a
candidate?
A: It depends. A voter who needs assistance due to a disability may receive assistance from
a candidate if the voter is a patient or resident of covered facility.
However, the court order did not enjoin G.S. § 163-237(c), which prevents a candidate
from serving as a witness otherwise. Therefore, a voter who is not a patient or resident of
a covered facility is prohibited from having a candidate serve as a witness unless the
candidate is their near relative.
Q2: What is the definition of a disability?
A: Under the Americans with Disabilities Act, a disability is a physical or mental
impairment that causes someone to be substantially limited in a major life activity.8 This
means someone who has substantial limitations on the ability to perform everyday
6 N.C.G.S. § 163-230.1(b).
7 N.C.G.S. § 163-166.8(a)(2).
8 42 U.S.C. § 12102(1)(A).
5
things—such as seeing, hearing, walking, standing, speaking, reading, concentrating,
thinking, and writing—as compared to most people in the general population.9
Most people living in nursing homes and other congregate care settings need help with at
least one aspect of daily living and will generally be considered to have a disability.
Federal law states that public entities are not to engage in demanding tests to determine
an individual’s level of disability.10 For the purposes of seeking assistance with absentee
voting, however, the disability should substantially impair an activity that pertains to the
absentee voting process.11 All of the examples of everyday activities listed above could
pertain to some aspect of the absentee voting process.
Q3: Is advanced age a reason for assistance (for example, curbside is open to those who
due to age or disability are unable to enter the enclosure)?
A: No, age alone is not a reason the voter may receive assistance under the court order. The
voter must need assistance due to a disability, but a disability may be age-related. See the
answer to Question 2 for the definition of a disability.
Q4: How do we know if someone has a disability?
A: See the answer to Question 2 regarding the definition of a disability. The voter’s
disability is confirmed through the attestations on the request form and the absentee
envelope. These contain language requiring the assistant to attest that the voter asked for
help due to the voter’s disability. It is not for the county board to inquire into the
specifics of a voter’s attested-to disability that renders the voter in need of assistance. If
the assistance portion of an otherwise valid request form or envelope is properly
completed, the county board shall approve it.
If the county board has reason to believe that non-disabled voters are receiving assistance
to which they are not entitled, or that disabled voters’ wishes are not being respected,
they shall forward such evidence the State Board’s Investigations Division.
9 42 U.S.C. § 12102(2)(A); 28 C.F.R. § 35.108(c)(1), (d)(1)(v).
10 28 C.F.R. § 35.101; see 28 C.F.R. §§ 35.108(a)(2)(i), (c)(2)(i)-(ii), (d)(1)(i)-(viii), .
11 The Voting Rights Act permits a voter to get assistance from a person of their choice if that voter
“requires assistance to vote by reason of blindness, disability, or inability to read or write[.]” 52 U.S.C. §
10508 (emphasis added).
6
Q5: What if a disabled voter in a covered facility wishes to get assistance from and use as
witnesses two staff members in the facility, but the voter’s near relative is concerned
about undue influence and has contacted the county board to complain?
A: A voter who needs assistance due to a disability has the right to select an assistant of their
choice under the court order (and federal law). If a family member is concerned that
someone has improperly influenced a voter, the county board of elections should refer
them to the State Board’s Investigations Division. It is a crime to interfere with a voter
when marking their ballot, or to defraud a blind or illiterate voter from marking the ballot
selections of their choosing.12
Q6: Is the assistant required to respect the secrecy of the voter’s ballot?
Yes. Any person who assists a voter must keep the voter’s ballot choices confidential. It
is a crime for any person who has access to another person’s ballot to reveal how the
person voted.13
Q7: Are there any changes to the requirement that an absentee voter have two witnesses
or a notary?
A: No. An absentee ballot must still be witnessed by two people or one notary public. The
witnesses must be at least 18 years old.
Q8: What is the definition of a covered facility?
A: A “covered facility” is any facility that provides residential or in-patient healthcare in the
State that is licensed or operated pursuant to Chapter 122C, Chapter 131D, or Chapter
131E of the General Statutes, including, for example, a hospital, clinic, nursing home, or
adult care home; or by the federal government or an Indian tribe.14
12 N.C.G.S. §§ 163-273(a)(4) and 163-274(a)(13).
13 N.C.G.S. § 163-274(b).
14 08 NCAC 16 .0101(b).
Mailing Address: P.O. Box 27255, Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135
Numbered Memo 2021-07
TO: County Boards of Elections
FROM: Karen Brinson Bell, Executive Director
RE: Deficiencies in Notary Portion of Absentee Application and Certificate
DATE: August 31, 2021
This numbered memo explains how county boards of elections should treat technical deficiencies
in the execution of the notary portion of an absentee container return envelope (officially called
the absentee ballot application and certificate). It replaces Numbered Memo 2020-07. The
guidance balances the goal of uniformly applying the law while seeking to not punish the voter for
a notary’s inadvertent mistake or error.
G.S. § 163-231(a) requires a voter to mark the absentee by-mail ballot in the presence of two
witnesses or one notary public, who must sign the container return envelope as witness(es). If
witnessed by a notary, the statute requires the notary public to affix their valid notarial seal to the
envelope and include the phrase “Notary Public” below his or her signature.
State Board of Elections staff consulted with the North Carolina Department of the Secretary of
State’s Electronic Notarization and Notary Enforcement Division regarding the validity of an
incomplete notarization on the container return envelope. While the Secretary of State’s Office
cannot adjudicate an absentee ballot, they provided useful information on how the notary statutes
work in conjunction with our election statutes, including that there is a presumption of regularity
in the absence of fraud on the part of the notary, or evidence of a knowing and deliberate violation
of the notary statutes by the notary.1 The Secretary of State’s Office has requested that notarial
errors on the absentee ballot container-return envelope be reported to them.
Certain technical errors in executing the notary’s portion of the container return envelope are not
considered deficiencies. Other errors are considered deficiencies that require the ballot to be
spoiled and reissued in accordance with Section 2.2 of Numbered Memo 2021-03.
1 G.S. 10B-99(a) (relevant portion): “In the absence of evidence of fraud on the part of the notary, or evidence of a
knowing and deliberate violation of this Article by the notary, the courts shall grant a presumption of regularity to
notarial acts so that those acts may be upheld, provided there has been substantial compliance with the law.”
2
1. Technical Errors That Are Not Considered Deficiencies
The following technical errors do not affect the sufficiency, validity, or enforceability of the
notarial certificate itself or the underlying document and are not considered deficiencies:
• Notary leaves off the name of the voter or misspells the voter’s name;
• Notary does not write the expiration date of their commission;
• Notary does not include the name of the county or State;
• The notary seal is hard to read;
• The notary does not include the date the notary witnessed the marking of the ballot; or
• A combination of the above.2
2. Technical Errors That Are Considered Deficiencies
The following errors in the notarial certificate are considered deficiencies that cannot be cured by
certification, and require that the ballot be spoiled and reissued in accordance with Numbered
Memo 2021-03:
• The notary’s signature is missing. Pursuant to G.S. § 163-231(a)(5), the notary’s signature
is required.
• The notarial seal is missing altogether or contains missing information. G.S. § 163-231(a)
requires the notary to affix a valid notarial seal to the envelope.
2 G.S. § 10B-68 (relevant portion):
(a) Technical defects, errors, or omissions in a notarial certificate shall not affect the sufficiency, validity,
or enforceability of the notarial certificate or the related instrument or document.
[…]
(c) As used in this section, a technical defect includes those cured under G.S. 10B-37(f) and G.S. 10B-
67. Other technical defects include, but are not limited to, the absence of the legible appearance of the notary's
name exactly as shown on the notary's commission as required in G.S. 10B-20(b), the affixation of the
notary's seal near the signature of the principal or subscribing witness rather than near the notary's signature,
minor typographical mistakes in the spelling of the principal's name, the failure to acknowledge the principal's
name exactly as signed by including or omitting initials, or the failure to specify the principal's title or office,
if any.”
G.S. 10B-67: “An erroneous statement of the date that the notary's commission expires shall not affect the sufficiency,
validity, or enforceability of the notarial certificate or the related record if the notary is, in fact, lawfully commissioned
at the time of the notarial act. This section applies to notarial acts whenever performed.”
G.S. 10B-37(f): “The failure of a notarial seal to comply with the requirements of this section shall not affect the
sufficiency, validity, or enforceability of the notarial certificate, but shall constitute a violation of the notary's duties.”
3
3. Fraud Indicators
If there are indications of fraud on the absentee envelope, whether they relate to the notary section
or other sections of the envelope, this information should be sent to the State Board’s Investigations
Division. Examples of fraud indicators include:
• A notary or witness completed multiple applications containing technical errors;
• The handwriting for the voter’s signature and witness’s signature appears identical;
• The envelope appears to have been tampered with; and
• There are stray or suspicious markings on the envelope.
Mailing Address: P.O. Box 27255 Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135
Numbered Memo 2020-29
TO: County Boards of Elections
FROM: Karen Brinson Bell, Executive Director
RE: Witness or Assistant Address Issues on the Absentee Container-Return Envelope
DATE: October 4, 2020
This memo is issued to provide uniform guidance and further clarification on how to determine if
the correct address can be identified if the witness’s or assistant’s address on an absentee container-
return envelope is incomplete.
If No Address
If a witness or assistant does not print their address, the envelope is deficient.
Missing ZIP Code or City
As previously explained in Footnote 3 of Numbered Memo 2020-19, 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 City and ZIP Code Missing
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 is deficient. If one of
the following criteria are met, you can determine the address and the envelope is not deficient:
• The witness or assistant’s address is the same as the voter’s address – either because the
witness or assistant wrote “same as above” or something similar on the address line or
because the partial address provided matches the address of the voter – or it is on the same
street as the voter’s address;
• The witness’s or assistant’s name and partial address match that of a registered voter in
your county in SEIMS; or
2
• The street address is a valid address in your county. You may confirm this using a county
GIS website1 or office, or a similar tool. Do not use an online directions tool such as
Google Maps, which does not identify whether an address is valid.
If there is only a street address and none of the above criteria are met, the county board cannot
determine the address and the envelope is deficient. If a P.O. box is listed but the address provided
does not include a city or ZIP code, it is not possible to determine the address and the envelope is
deficient.
1 https://www.lib.ncsu.edu/gis/counties.html
Special Meeting
New Hanover County Board of Elections
October 24, 2023
Subject:
Member Morris’ request to discuss procedures for rejection of elections officials or observers
nominated by party chairs
Applicable Statutes and/or Rules
N.C. Gen. Stat §§ 163-132.4, 163-33(1); 143-318.11(a), 143-318.11(a)(6), and 153A-98
Summary:
Member Morris has requested to add a new business item to discuss procedures for rejection of
election officials or observers nominated by party chairs. Specifically, Member Morris would like the
county board to consider the following motion:
When a person is targeted for rejection from serving in any capacity in support of NHC Elections,
the charge against that person will be made in writing to the County Chair of the respective
party. The County Chair will be given 15 days to research the allegations and take appropriate
action to remove the nomination or provide evidence supporting the continued nomination of
the individual. The evidence of the charge will be submitted to NHC BOE members for review
and action. The accused will be given opportunity to address the Board before action is taken by
the Board. I also move that Anthony Abbinante be given the same opportunity for review.
I requested legal guidance from Paul Cox, General Counsel at the NC State Board of Elections, about
the authority of the county board to add additional procedures or engage in certain actions related to
this elections process. I have included the legal guidance issued by the General Counsel below.
Authority of county board of elections to adopt new procedures related to rejection of election
official or observer nominated for appointment by party chairs
The first thing to say is that if the board were to adopt this approach, it would be imposing a
procedure on itself that is not required by law. The law has been developed to require a hearing
before removing a sitting precinct official who has been duly appointed. A mere nominee to the
position of precinct official does not have that right. As for election observers, the law is flexible
to allow the county board to act swiftly when the list of observers is provided mere days before
an election or misconduct occurs during the conduct of an election.
On whether the board has the legal authority to impose this extra procedure on itself, I would
say not as written. The board can “issue such rules, regulations, and instructions, not inconsistent
with law, with directives promulgated under the provisions of G.S. 163-132.4, or with the rules,
orders, and directives established by the State Board of Elections, as it may deem necessary for
the guidance of election officers and voters.” GS 163-33(1). As you allude to, you couldn’t adopt a
resolution that would conflict with your duty to meet the deadlines to have your sites staffed, for
example. The resolution also appears to provide more time for this review procedure than would
be permitted before an observer that may be rejected would be serving. Finally, the resolution
Item # 2 Item # 3b
appears to vest the entire board with certain decisions that can be made by the chair alone on
some precinct official or observer appointments. These conflicts with board duties and any others
would not be permissible.
On whether the board should adopt this policy, I would not recommend that the board adopt
measures that would make the already complicated and onerous process of appointing precinct
officials even more onerous and complicated. Your county is the one county in the state that I
know of that is still wrangling with precinct official appointments, months after it was to occur.
Utilization of closed sessions during public board meetings to discuss the qualifications or
concerns about a nominee for appointment.
The board can go into closed session to consider the qualification of a nominee for appointment.
Closed session is permitted “To consider the qualifications, competence, performance, character,
fitness, conditions of appointment, or conditions of initial employment of an individual public
officer or employee or prospective public officer or employee; or to hear or investigate a
complaint, charge, or grievance by or against an individual public officer or employee. General
personnel policy issues may not be considered in a closed session.” GS 143-318.11(a)(6).
The board must take the vote on appointment or removal in open session: “Final action making
an appointment or discharge or removal by a public body having final authority for the
appointment or discharge or removal shall be taken in an open meeting.” Id. I interpret this to
mean that for an appointment to be made, the board would need to make a motion to appoint
someone and to identify that appointee in the motion. If the board is not taking action to
appoint, the board would not need a motion at all, nor would it need to identify whom it is not
appointing. The open meetings law does not require the board to identify the reasons that were
considered in closed session for not appointing a nominee.
I don’t think you could go into closed session under the statute above to consider the
qualifications/fitness of an observer, who is not a “public officer or employee.” If there’s some
other basis for going into closed session under GS 143-318.11(a), you could rely on that. But that
would be circumstance-specific.
I’m not aware of any authority creating a right to any particular procedures to be used, other
than those in statute or administrative rule, when considering whether to appoint a particular
precinct official or permit a particular observer to serve, at least not in currently applicable law.
Restrictions on revealing why an election official or observer was rejected for appointment.
On the last point, I’d refer that one to the county attorney. I’m not sure that there would be any
restriction on revealing why a precinct official was not appointed or why an observer was
rejected, unless maybe it dealt with a criminal investigation. I don’t think the county personnel
privacy laws would apply to an appointed official like a precinct official, but the county attorney
would know better. They certainly wouldn’t apply to observers.
Board Action Required:
Discuss as necessary
Regular Meeting
New Hanover County Board of Elections
October 24, 2023
Subject:
General Discussion
Summary:
This is an opportunity for discussion on other elections-related matters not included in the
meeting agenda.
Board Action Required:
Discuss as necessary
Item # 4