HomeMy WebLinkAboutBoard Meeting Agenda Packet 11-06-2023MEETING AGENDA
Date: November 6, 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 (10/31/2023)
2.Public Comment Period
•2-minute limit
•10-minute limit total
3.New Business
a.Review of Absentee Ballot Applications
b.Oath Certificates for Absentee Ballots
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
November 6, 2023
Subject:
Approval of Agenda
Summary:
N/A
Board Action Required:
Staff recommends approval
Item # 1c
Special Meeting
New Hanover County Board of Elections
November 6, 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 10/31/23 meeting.
Board Action Required:
Staff recommends approval
Item # 1dItem # 1d
Board Minutes – 10/31/2023 Page | 1
SPECIAL MEETING
New Hanover County Board of Elections
October 31, 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
Jenna Dahlgren, Elections Logistics Specialist
Noelle Powers, Elections Systems Administrator
Beth Pugh, Elections Specialist
Joan Geiszler-Ludlum, Administrative Elections Technician
Visitors: Tufanna Bradley, Assistant County Manager; Kemp Burpeau,
Deputy County Attorney
Public Attendees: Jill Hopman, Wendy Hunt, NHCDP; Julius Rothlein, Matthew
Emborsky, NHC GOP; Elli Klein, NHCDP/Women for Biden-
Harris; Vance Williams, Kristy Covington, Sokoto House
Virtual Attendees: Noelle Powers; Denise Brown; phone number; Mike Pascarell;
Beth Pugh; Jenna Ellis
1.MEETING OPENING
a.Call to Order
Chair Miller called the meeting to order at 5:01 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.
b.Preliminary Announcements
Chair Miller reminded the audience to silence their cell phones, that the meeting is being
recorded and livestreamed over the internet, and to refrain from conversation and cross-
talk while the meeting is in session.
Board Minutes – 10/31/2023 Page | 2
c.Pledge of Allegiance
Chair Miller called on the audience to rise and recite the Pledge of Allegiance.
d.Approval of Agenda
Member Morris moved to approve the agenda as submitted, second by Member Hinton-
Stalling. Motion carried unanimously.
e.Approval of Minutes
Chair Miller moved to approve the minutes of the 10/24/23 Board meeting as submitted,
second by Member Morris.
Chair Miller addressed the edits that Member Kemp suggested by email. The edits
suggested the following changes:
(1) change “property rights” to “due process rights,
(2) add discussion of notary requirements and photo ID,
(3) change “completed applications” to “completed availability surveys”,
(4) add reference to a comment from Chair Miller in a previous meeting,
(5) add statutory reference to Deputy County Attorney’s statement about interpreting
statutory language regarding appointment of precinct assistants.
Chair Miller said number 3 is a factual correction and he will accept that change unless
there is an objection. Hearing no objection, Chair Miller directed that change. He said,
otherwise, these requests go against the stated desire of the Board to focus the minutes on
the actions taken, rather than detailed narrative.
Member Kemp said his suggestions are not editorial or commentary, but rather factual
clarifications, and he moved to include all 5 suggested edits to the 10/24/23 minutes,
second by Member Morris. Hearing no discussion on the amendment to the main motion,
Chair Miller called the vote. Members Kemp and Morris voted aye; Chair Miller,
Secretary Morgan and Member Hinton-Stalling voted nay. Motion to amend failed for
lack of a majority.
Chair Miller called the vote on the main motion to approve the minutes of 10/24/23 with
the factual correction noted in (3). Chair Miller, Secretary Morgan and Member Hinton-
Stalling voted aye; Members Kemp and Morgan voted nay. Motion carried by majority
vote.
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.
Board Minutes – 10/31/2023 Page | 3
Jill Hopman thanked the Board, Director Hunter-Havens and the staff for their work in
the face of increasingly harder election challenges. She said she was informed on Friday
evening before the start of One Stop voting at the CFCC site of the new no solicitation
policy adopted by CFCC which prohibits electioneers from placing chairs, tents and
tables outside the polling site. She said this presents an unnecessary hardship for the
volunteer electioneers who are mostly older adults. CFCC is located in the heart of a
Democratic voter base, and CFCC’s no solicitation policy violates free speech
guarantees. She said all publicly owned polling sites should be welcoming to all.
Julius Rothlein presented comments on three matters:
(1)asked for any updates on the determination to address the Board’s rejection of a
GOP observer;
(2)one of his party’s observers at the Senior Resource Center One Stop site reported
that a voter, wearing a face mask and a motorcycle helmet came in to vote and
presented his photo ID but was not asked to remove the mask and helmet. He
inquired what the precinct officials are instructed regarding photo ID requirements;
(3)Mr. Rothlein further asked for clarification of requirements that observers sign in
when observing in the One Stop site. Some are asked for photo ID and some are not.
Seeing and hearing no other public attendees wishing to comment, Chair Miller closed
the Public Comment period.
Chair Miller called on Director Hunter-Havens for response to the comments.
The Director said, regarding the CFCC no solicitations policy, she was also caught off
guard by the policy. She was first notified on October 16 and immediately requested an
explanation. The usage agreement signed in the summer by CFCC officials only required
maintenance of a clear curb area for childcare drop off and pick up, with no
electioneering restrictions. When she inquired about the new policy, she was told that it
was adopted in July during a retirement transition and should have been communicated.
The Director said she is looking at all options for an alternative polling site in the
downtown area, but suitable publicly owned options are a challenge. She said the Board
must adopt their One Stop plan for the March 2024 primary by December 1 and she will
present a proposed plan at the November 16 regular meeting.
Chair Miller said the Board is seeking further guidance from the State Board of Elections
(SBE) regarding the rejection of a nominated observer and will follow up when that
guidance is received.
Director Hunter-Havens said, regarding the face covering issue, a voter’s photo ID must
bear a reasonable resemblance to the voter. If a voter refuses to remove a face covering,
the voter must vote by provisional ballot. She said she was not aware of this incident but
would follow up.
The Director said site leads are instructed to ask observers for their ID, not necessarily a
photo ID, to verify the person signing in is who they say they are. She will follow up
with the site leads to clarify the procedures.
Board Minutes – 10/31/2023 Page | 4
3. NEW BUSINESS
•Review of Absentee Ballot Applications
Director Hunter-Havens presented the list of 2,766 One Stop Applications received from
10/24/23 through 4:52 p.m. on 10/31/23. The Board reviewed the list. After completing
their review, Member Hinton-Stalling moved to accept the Applications, second by
Secretary Morgan.
Hearing no discussion, Chair Miller called the vote on the motion. Motion carried
unanimously.
Director Hunter-Havens presented 51 absentee ballot Applications:
•3 UOCAVA1 ballots,
•6 in pending status for Board review,
•42 civilian absentee ballots.
She began with the UOCAVA ballots:
•2 UOCAVA ballots were received electronically, the most common way these are
submitted. Because the ballots are in electronic form, the ballot must be
duplicated on a paper ballot for scanning. The Board has authorized the
bipartisan duplication team to duplicate the ballot outside the Board meeting in
preparation for Board review.
•1 UOCAVA ballot was sent and returned by mail from Germany as the voter
requested. The ballot envelope may contain the voted paper ballot but has not yet
been opened to confirm that. Only the voter’s signature is required on the ballot
Application.
[Member Kemp left the meeting at 5:32 p.m. and returned at 5:34 p.m.]
The Board began their review of 3 UOCAVA ballots at 5:32 p.m. and completed review
at 5:36 p.m.
Upon completion of Board review, Chair Miller moved to approve 3 UOCAVA ballots
and to authorize the staff to take the preparatory steps by unanimous consent. Hearing no
objection, the motion carried unanimously. Staff proceeded to open the mailed
UOCAVA ballot envelope and confirmed the voter had completed and returned the paper
ballot.
1 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 – 10/31/2023 Page | 5
Director Hunter-Havens presented 6 absentee-by-mail ballots in pending status for Board
action.
• 2 voters in the same household returned their ballot envelopes in the return
envelope designated for the other voter.
• 2 voters returned their ballots in unsealed ballot return envelopes inside sealed
return envelopes. Following protocol, staff immediately sealed the ballots in their
respective ballot envelopes, pending Board review and approval.
• 2 voters returned their loose ballots and ballot return envelopes inside a sealed
return envelope. Following protocol, staff immediately sealed the ballots in their
respective ballot envelopes, pending Board review and approval.
The Board began their review of 6 pending absentee Applications at 5:39 p.m. and
concluded at 5:45 p.m.
Chair Miller proposed to authorize the staff to proceed with review of the 6 pending
absentee ballots unless there is an objection. Hearing no objection, Chair Miller directed
the staff to proceed. Staff review began at 5:48 p.m. and concluded at 5:58 p.m. Director
Hunter-Havens reported that the 6 pending absentee ballots were reviewed and meet all
requirements.
Chair Miller proposed that the Board review a 10% sample in two bipartisan teams
reviewing at least two precincts and at least 6 Applications. Members Hinton-Stalling
and Member Kemp reviewed precincts WB (3) and M02 (3). Secretary Morgan and
Member Morris reviewed precincts W12 (1), W15 (2) and W25 (3). Review began at
5:49 p.m. and concluded at 5:58 p.m.
Member Kemp asked if a notary is authorized to notarize their own signature. Deputy
County Attorney Burpeau said that NCGS §10B-20(c) lists prohibited notary acts.
Subsection (5) prohibits a notary from notarizing when “The notary is a signer of, party
to, or beneficiary of the record, that is to be notarized.” He said the statute lists
exceptions, but none would apply in this situation.
Director Hunter-Havens reported that 5 absentee-by-mail Applications were returned
with photo ID exception forms which met all requirements, and she recommended their
approval.
Chair Miller moved to approve 48 absentee-by-mail ballot Applications and authorize
staff to open, remove and scan the ballots, second by Member Morris. Motion carried
unanimously.
Scanning began at 6:00 p.m. and concluded at 6:45 pm.
Director Hunter-Havens reported that 51 ballots were scanned successfully, but the
Executed Report shows 52. She is researching to determine the explanation for the
discrepancy.
Board Minutes – 10/31/2023 Page | 6
The Board signed the certification showing 51 confirmed ballots.
4. GENERAL DISCUSSION
Chair Miller called on the Board for any general discussion.
Member Kemp asked that the staff review the absentee ballots returned by mail for
postmarks, report the result to the SBE, and request follow-up with the US Postal
Service. Director Hunter-Havens said the SBE is aware of the postmark issue, but the
USPS is not required to postmark all mail. Member Kemp asked if the size of the return
envelope is a factor. Director Hunter-Havens said that regular mail is regularly received
without postmarks.
5.ADJOURNMENT
Chair Miller moved to adjourn the meeting at 6:52 p.m., second by Member Morris.
Motion carried unanimously.
The next Board meeting is scheduled to be held on November 6, 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
November 6, 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
November 6, 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 2022-15, 2022-11, 2021-07,
2021-03, 2020-29, 2020-25, 2020-23, and 2023-03
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,
c.Is defective but cannot be cured, or
Item # 2 Item # 3a
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 must be unanimous and based on the board’s review of other specific information. Per
Numbered Memo 2023-03, the county board must be able to point to specific information before the
board that led it to conclude that the affidavit on the Photo ID Exception form is false. The decision that
the Form is false must be based on facts, not on speculation. In addition, a finding of falsity may not be
based on the personal opinion as to whether the voter’s asserted reason is good enough for being
excepted from the photo ID requirement. Lastly, a decision that the form is false can only be made after
the county board provides the voter notice and opportunity to be heard on any grounds that the county
board is considering regarding a finding of falsity.
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, 2020-23, and 2023-
03, 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
P.O. Box 27255
Raleigh, NC 27611 (866) 522-4723
www.ncsbe.gov
Numbered Memo 2023-03
TO: County Boards of Elections
FROM: Karen Brinson Bell, Executive Director
RE: Photo ID and In-Person Voting
DATE: September 14, 2023
This numbered memo provides guidance related to photo identification (photo ID) requirements
for in-person voting starting with the municipal elections in 2023.
General Overview
Election officials, staff, and county board of elections members are encouraged to carefully
review the two laws that primarily govern the in-person photo ID requirements and processes:
N.C.G.S. § 163-166.16 and 08 NCAC 17 .0101.
As a general overview of the in-person photo ID process, when a voter enters the voting place to
vote in person during early voting or on Election Day, the voter will be asked to show a photo ID
during the check-in process.1 The photo ID shown by the voter must meet certain legal
requirements:2
(1) the ID must be an acceptable type of photo ID;
(2) the ID must meet the expiration requirements, if applicable;
(3) the photo on the ID must reasonably resemble the person showing the ID; and
(4) the name on the ID must be the same as or substantially equivalent to the voter’s name in
their registration record.
If a voter’s photo ID meets these requirements, then the voter proceeds with the check-in process
and will vote with a regular ballot, unless there is some other reason under the election laws for
them to vote with a provisional ballot.
1 N.C.G.S. § 163-166.7(a).
2
If the check-in official believes that a voter’s photo ID does not meet these requirements, then
the check-in official will ask the voter to provide a different photo ID. If the voter cannot do so,
then the check-in official will initiate a photo ID challenge, which is then immediately heard by
the judges of election at the voting place. If at least one judge determines the photo ID meets the
legal requirements, then the voter proceeds with the check-in process and will vote with a regular
ballot unless there is some other reason under the election laws for them to vote with a
provisional ballot. If the judges unanimously agree the voter’s photo ID does not meet the legal
requirements, the voter will still be permitted to vote and will vote with a provisional ballot, as
explained below.
Voters who do not present acceptable photo ID may choose to leave the voting enclosure to
retrieve an acceptable photo ID and present to vote again, as long as they have not yet received a
ballot.3 Some voters may prefer this option, especially during the early voting period, when it is
easier for the voter to obtain an acceptable photo ID in time to vote with that ID, including by
obtaining a free voter photo ID from the county board.
Voting Without Acceptable Photo ID
All voters are allowed to vote with or without a photo ID.4 There are two options for a voter who
does not present acceptable photo ID to cast a ballot.
(1) The voter may complete a Photo ID Exception Form, claiming an exception to the photo
ID requirement, and then vote a provisional ballot. A county board is required to approve
and count the provisional ballot unless the county board unanimously finds that the form
was falsely completed and puts that finding in a written decision. Before the county board
makes a final finding of falsity, it must give the voter notice and an opportunity to be
heard on the matter.
(2) The voter may vote a provisional ballot and then bring an acceptable photo ID to the
county board office before the close of business on the day before county canvass. When
a voter chooses this option, their photo ID will be evaluated at the county board office in
the same manner as it would have been evaluated at the voting place.
3 See 08 NCAC 10B .0104 (voter not permitted to return to the voting enclosure once they
receive their ballot).
4 N.C.G.S. § 163-166.16(c)–(d); N.C. Sess. Laws 2018-144, sec. 1.5(a)(10).
3
Frequently Asked Questions About Photo ID and In-Person Voting
Acceptable Forms of Photo ID
The types of photo ID that are acceptable for voting purposes are listed in N.C.G.S.
§ 163-166.16(a) and 08 NCAC 17 .0101(a)(1).
1 Is a photocopy of a voter’s photo ID, or a picture of their photo ID stored electronically on
a mobile device, an acceptable form of photo ID?
No. Under N.C.G.S. § 163-166.16, a voter presenting to vote in person must “produce” one of
the listed “forms of identification.” An image of a photo ID, either as a photocopy or a photo on
a mobile device, is not one of the permitted forms of photo ID when voting in person.
2 Are learner’s permits and provisional licenses acceptable forms of Photo ID?
Yes. A provisional license is a license, and therefore is acceptable photo ID, subject to the
expiration requirements. Additionally, a learner’s permit falls within the definition of a “license”
in N.C.G.S. § 20-4.01(17), and is therefore a “North Carolina drivers license” under the photo ID
law for voting,5 subject to the expiration requirements.
3 Is a suspended or revoked driver’s license an acceptable Photo ID?
No. If an election official becomes aware that a voter is presenting a suspended or revoked
license, the official should inform the voter that such an ID is no longer “valid,” as required by
the photo ID law for voting.6 In practice, however, election officials are typically not going to
know whether a person’s license has been suspended or revoked, since that information does not
appear on the face of an ID, and should not do independent research to determine the license
status. Without having a reason to believe a voter’s license has been revoked or suspended,
election officials must assume that the license remains valid.
4 When a student or government-employee ID card is approved by the State Board, does
that mean that only those ID cards that are identical to the one submitted with the institution’s
application for approval can be used for voting?
No. Once an institution’s ID has been approved, that institution’s ID is acceptable, including ID
cards that were issued before the ID was approved, even if those previously issued ID cards
5 N.C.G.S. § 163-166.16(a).
6 N.C.G.S. § 163-166.16(a)(1).
4
differ from the latest version. Both N.C.G.S. §§ 163-166.17 and 163-166.18 permit the State
Board to approve “the use of . . . cards issued by” an institution if “cards issued during the
approval period” comply with the requirements outlined in the statute, including the requirement
that the card contain an expiration date. In short, the legislature’s intent was to permit an
institution’s ID card to be used for voting if that institution commits to issuing compliant cards
during the approval period. The law is not meant to permit only those cards issued during the
approval period to be accepted for voting, thus requiring an institution to replace the already-
issued ID cards in circulation, in order for their students or employees to be able to use their IDs
to vote. Instead, once an institution’s ID meets the requirement with respect to the IDs that are to
be issued during the approval period, the institution’s ID, including cards already issued, are
acceptable.
However, to the extent the institution has gained State Board approval of only a special-issued
ID (i.e., a special “voter ID” card, not the regular ID card), only that ID, and any past version of
that special-issued ID, would be acceptable for voting purposes. There is only one approved
student or government employee ID card that falls into this situation for the 2023 municipal
elections: Duke University’s student voter ID card.
5 If a voter believes their photo ID does not reflect their current appearance, should they
obtain a new ID with a new photo on the ID?
The voter is not required to obtain a new photo ID when their appearance changes. Importantly,
the voter’s appearance at the voting place is not required to be a perfect match to the photo on
their ID. Election officials evaluating the photo on the ID must take into account the many
reasons why a voter’s appearance may have changed.7
Even with these considerations in mind, a voter concerned about a comparison of their photo ID
to their current appearance could choose to obtain a new photo ID, if permitted by the agency
that issued their ID. The voter could also obtain and use a different type of acceptable photo ID
from the one they already possess. For example, a voter with a driver license could obtain a
Voter Photo ID Card from their county board of elections and present either ID at the voting
place when voting.
7 08 NCAC 17 .0101(a)(2).
5
6 Will a photo ID used for voting also satisfy a requirement for some voters to show “HAVA
ID”? Can a person’s photo ID for voting also be used to prove residency for same-day registration
at an early voting site?
In each situation, it depends on the ID provided.
Most voters will use an unexpired driver’s license as their photo ID when voting, and this would
satisfy both HAVA and the photo ID requirements. But sometimes an acceptable photo ID for
voting would not satisfy HAVA ID, due to the ID’s expiration. A voter’s “HAVA ID” that is
required to be presented by some voters, pursuant to state law and the Help America Vote Act of
2002 (HAVA), must be “current.”8 Under our state’s photo ID law for voting, however, some
IDs that can be used for photo ID purposes do not have to be current. Instead, some photo IDs
can be expired for up to a year, or if the voter is over 65 then the ID can be used for photo ID
purposes if it was unexpired when the voter turned 65. And some types of photo IDs can always
be expired, such as military and veteran ID cards.9 So while it is unlikely that a voter’s photo ID
will not be acceptable as HAVA ID, it is possible, where the ID is expired.
A same-day registrant who presents an unexpired driver’s license with their current address can
use that ID for both same-day registration and the photo ID requirement for voting. But many
documents used to establish residency for same-day registration are not acceptable photo IDs for
voting—including utility bills, bank statements, paychecks, and government documents that
contain no photo. See Numbered Memo 2016-15 for further guidance on this point. Additionally,
a photo ID for voting does not have to have the voter’s current address. So it is possible that an
acceptable same-day registration document will not satisfy the photo ID requirement, and vice
versa.
8 N.C.G.S. § 163-166.12(a)(1); 52 U.S.C. § 21083(b)(2)(A)(i)(I).
9 N.C.G.S. § 163-166.16(a).
6
Evaluation of an In-Person Voter’s Photo ID
The process for evaluating a voter’s photo ID when they present to vote at an early voting site or
on Election Day is guided by N.C.G.S. § 163-166.16 and 08 NCAC 17 .0101.
7 What can an election official consider when deciding whether the person showing a
photo ID bears a reasonable resemblance to the photo on the ID?
The election official is required to determine only whether the photo on the ID bears a
“reasonable resemblance” to the person presenting the photo ID.10 By law, the election official
making this determination must do so “based on the totality of the circumstances, bearing in
mind that there are many reasons that a person’s appearance could change,” and the election
official must keep in mind “the purpose of the photo identification requirement, which is to
confirm the person presenting to vote is the registered voter on the voter registration records.”11
Specifically, the requirement to evaluate the photo on the ID is meant to ensure that the ID
belongs to the person showing it when they present to vote.
Election officials must take into account that a voter’s appearance may have changed since their
ID was issued, and this can be due to changes in:
• Weight;
• Hair features and styling, including changes in length, color, hairline, or use of a wig or
other hairpiece;
• Facial hair;
• Complexion or skin tone;
• Cosmetics, including piercings or tattooing; and
• Apparel, including the presence or absence of eyeglasses or contact lenses.12
Election officials must also take into account other factors that can affect a voter’s appearance in
comparison to the photo on the photo ID, such as the effects of aging and the effects of medical
conditions or medical treatment.
10 N.C.G.S. § 163-166.16(b).
11 08 NCAC 17 .0101(a)(2).
12 Election officials are not allowed to require a voter to remove apparel for the purposes of
determining reasonable resemblance. If the face of the person presenting to vote is covered
enough that the election official cannot determine reasonable resemblance, then the election
official must offer the voter the two options to vote by provisional ballot. 08 NCAC 17 .0101(b).
7
A person’s changed appearance, no matter the reason for that change, cannot prevent a voter
from voting. If the election official can determine it is the same person when comparing the
person’s face in the photo to the face of the person standing before them, then the election
official must permit the voter to proceed and vote a regular ballot.
8 Can an election official take into account other information about the person presenting
to vote when making the reasonable resemblance determination or name determination?
Election officials should not factor in outside information to decide that the voter does not
reasonably resemble the person in the photo on the ID or that their name is not the same as or
substantially equivalent to their name in their registration record. Instead, a determination that
the photo ID does not meet the photo or name requirements must be based solely on a review of
the photo and name on the ID. On the other hand, if an election official is unable to make a
determination that the photo ID meets the photo and name requirements after reviewing the ID,
the official can turn to other evidence to confirm the photo ID is the person’s ID and that the
name on the ID is that of a registered voter.
For example, if a voter presents to vote at the voting place and they reasonably resemble the
photo on the ID, the fact that their gender presentation does not match the gender or sex listed on
their photo ID or voter registration record cannot be used to reject the photo ID. A determination
of no resemblance, under the law, must be based on the comparison of the voter to the photo on
the ID, bearing in mind the many reasons a person’s appearance could change, and should not be
influenced by extraneous information.13
On the other hand, if a voter presents to vote at the voting place and part of their name on their
photo ID is not readable due to wear and tear on the ID, then it would be permissible for the
election official to use other evidence voluntarily provided by the voter, such as a credit card,
library card, or other documentation they may have with them, to confirm the voter’s name and
match it with their registration record. Such documentation cannot replace the need to present
valid photo ID, but it could support the determination of a match between the photo ID and the
voter record.
9 Can a voter be challenged by someone other than an election official for photo ID-related
reasons?
On the day of a primary or election, any other registered voter of the county may challenge a
voter on the grounds that the “registered voter does not present photo identification in
13 N.C.G.S. § 163-166.16(b); 08 NCAC 17 .0101(a)(2).
8
accordance with G.S. 163-166.16.”14 A registered voter who resides in the same precinct as a
person voting early may challenge an early voter for the same reason, either while the person is
early voting or at the county board office on between noon and 5 p.m. on election day.15, 16
Accordingly, a defect in the manner that a voter presents ID can be challenged. For example, if
an election official permits a voter to check in and receive a regular ballot without the voter
presenting photo ID at all, that voter may be challenged by another registered voter. Likewise, if
a voter offers an ID that is plainly not an acceptable form of photo ID—a retail store membership
card, for example—an observer who perceives that failure to present an acceptable ID could
challenge the voter.17 In the event such a challenge is made, the challenger is not permitted to
handle or review the voter’s photo ID. That duty is reserved for the judges of election hearing the
challenge.
Apart from issues concerning the act of presenting the ID, however, challenges to the photo ID
process by other voters are not permitted. By law, election officials at the voting place (i.e.,
check-in officials) are the persons tasked with entering a challenge when they determine a
voter’s photo ID, upon official review, does not meet the legal requirements of a reasonable
resemblance or name similarity.18 Additionally, a voter who informs the election officials that
they will vote a provisional ballot and later bring their photo ID to the county board office cannot
be challenged by a registered voter for a failure to present a photo ID. Such a voter is expressly
permitted by law to vote a provisional ballot without showing ID at the voting site, and is
therefore not subject to the challenge under N.C.G.S. § 163-87(5). Finally, a challenge cannot be
made by any person, election official or otherwise, based on the voter completing a Photo ID
Exception Form. In that instance, the voter is claiming an exception from the photo ID
requirements and therefore is not required to “present” a photo ID under the law.
14 N.C.G.S. § 163-87(5).
15 N.C.G.S. §§ 163-89(a)–(b), -227.2(i).
16 In a municipal or special district election, any voter who challenges another voter’s right to
vote “must reside in such municipality or special district.” N.C.G.S. § 163-289(a).
17 While this type of challenge is theoretically possible, election officials must be careful not to
permit persons who are not election officials to be so close to the voter in the voting enclosure
that they are able to perceive confidential details on the voter’s photo ID—for example, date of
birth, driver’s license number, or passport number. See N.C.G.S. § 132-1.10(b)(5); N.C.G.S. §
163-82.10B.
18 N.C.G.S. § 163-166.16(b); 08 NCAC 17 .0101(d)(3).
9
10 How should elections officials proceed with a hearing when the check-in official
challenges a voter’s photo ID for not meeting the photo or name requirements?
A photo ID challenge hearing is required when the check-in official determines that the photo on
the voter’s photo ID does not reasonably resemble the person showing the ID, that the name on
the photo ID is not the same as or substantially equivalent to the voter’s name in their
registration record, or both requirements are not met.19 A photo ID challenge proceeds somewhat
differently than a challenge entered by a voter pursuant to N.C.G.S. § 163-87. For a photo ID
challenge, the check-in official must use the Help Station Referral Form, rather than the
challenge form, to note their reason for why the photo ID does not meet these requirements, and
then immediately notify the judges of election so that they may conduct the challenge hearing as
promptly as possible.
When conducting the challenge hearing, the judges of election generally follow the hearing
procedures in N.C.G.S. § 163-88. After explaining the photo ID requirements for voting in-
person to the voter, the judges of election must then examine the photo ID presented by the voter
and apply the same standards as the check-in official as to reasonable resemblance and name
similarity. The judges must then record their final decision in writing on the Help Station
Referral Form. The judges do not utilize the oath process detailed in N.C.G.S. § 163-88 for other
voter challenges because under N.C.G.S. § 163-166.16(b), the judges of election conducting a
photo ID challenge are only tasked with the limited determination of whether “the photo
identification presented does not bear a reasonable resemblance to that voter.”
If at least one judge determines the photo ID meets the legal requirements, then the voter returns
to the check-in station, proceeds with the check-in process, and will vote with a regular ballot,
unless there is some other reason under the law for them to vote with a provisional ballot.
If the judges unanimously agree the voter’s photo ID does not meet the legal requirements, the
voter will still be permitted to vote. Rather than vote a challenged ballot pursuant to N.C.G.S. §
163-88.1, the voter will be offered the two options to vote with a provisional ballot in 08 NCAC
17 .0101(e). As an example, if the voter has another acceptable photo ID that is not with them at
the voting place, then that voter can vote a provisional ballot and bring that other photo ID to the
county board office by the day before canvass. As another example, if the voter’s only photo ID
is the ID they have shown at the voting place, then that voter could complete a Photo ID
19 N.C.G.S. § 163-166.16(b); 08 NCAC 17 .0101(d)(3).
10
Exception Form and assert an exception to the photo ID requirement stating why they are unable
to present an acceptable photo ID.
11 Who is responsible for the designation of three one-stop officials to serve as “judges of
elections” for the purposes of deciding a photo ID-related challenge at a one-stop site?
Under 08 NCAC 17 .0101, for the purposes of evaluating a voter’s photo ID during early voting,
“judges of election” includes “a group of three one-stop officials designated by the county board
to hear a challenge to a voter’s photo identification, not all of whom are affiliated with the same
political party.”
As with the appointment of judges of elections for voting on Election Day, county board
members can designate the one-stop officials who will be tasked with performing this role for
photo ID purposes during early voting. The recommended best practice, however, is for the
county board to delegate this task to the director. Doing so will allow for more flexibility and
timely resolution of situations that may arise if a person so designated is unable to work as
scheduled.
12 Who is responsible for reviewing a voter’s photo ID when they bring it to the county
board office after voting a provisional ballot with the intent to provide their photo ID later?
A voter who brings their photo ID to the county board of elections office will have their ID
reviewed for compliance with all legal requirements, just as if they had shown the ID when
voting in-person at the voting site.20 Each county director is strongly encouraged to designate at
least one staff member to perform this function during the canvass period, and to have that
person trained in the same manner as check-in officials for the purposes of reviewing a photo ID.
The county director can perform this function as well, if needed.
13 Can a voter obtain a photo ID after they have voted provisionally in person, bring the
newly issued photo ID to the county board office before the deadline, and still have their ballot
counted?
Yes. If the photo ID is an acceptable type of photo ID for voting purposes and meets the photo
and name requirements when it is evaluated by the county board, and the voter presents the ID to
the county board by the end of business on the day before canvass, the law requires the county
20 08 NCAC 17 .0101(e)(2).
11
board to count that provisional ballot.21 This applies to any acceptable type of photo ID,
including a Voter Photo ID Card issued by a county board of elections.
The law does not state that a photo ID card must be issued by a certain date for it to be an
acceptable form of photo ID. If a voter is voting a provisional ballot during early voting or on
election day due to a lack of photo ID at the voting place, they must still be a registered and
eligible voter as of election day for their vote to be counted. Obtaining any of the permitted
forms of acceptable photo ID after voting does not change the voter’s registration status or
eligibility to vote.
14 Can a voter, who voted a provisional ballot because they did not have their photo ID with
them when voting, return to the voting place later with their photo ID, have their provisional
ballot “spoiled,” and then vote a regular ballot?
No. Once a voter has voted a provisional ballot, they cannot have that ballot “spoiled” so that
they can then vote a regular ballot.22 If a voter casts a provisional ballot because they did not
have their photo ID with them when presenting to vote, their only option to have their ballot
counted is to bring their photo ID to the county board office. In that case, if the voter’s photo ID
meets all legal requirements, then the county board of elections must approve the provisional
application and the voter’s ballot will be counted the same as a voter who casts a regular ballot.23
Photo ID Exception Forms for In-Person Voters
The exceptions to the photo ID requirement are found in N.C.G.S. § 163-166.16(d)–(f), and the
county board processes involved are guided by 08 NCAC 17 .0101(e)(1).
15 Can a voter complete a Photo ID Exception Form at a county board office when the voter
voted a provisional ballot intending to bring their photo ID to the county board office later but
instead could not find a photo ID?
No. Under N.C.G.S. § 163-166.16(d), a voter who is voting in person on Election Day or during
early voting can only complete a Photo ID Exception Form “at the voting place.”
21 N.C.G.S. § 163-166.16(c).
22 See 08 NCAC 10B .0104(a) & (e) (once a voter receives their ballot, they cannot return to vote
again).
23 N.C.G.S. § 163-166.16(c).
12
16 What can a county board consider when reviewing a voter’s Photo ID Exception Form?
When a voter completes a Photo ID Exception Form and votes with a provisional ballot, “the
county board of elections shall find that the provisional ballot is valid unless the county board
has grounds to believe the affidavit is false.”24 A decision that the Form is false must be
unanimous, and can only be made after the county board provides the voter notice and an
opportunity to be heard on any grounds that the county board is considering regarding the falsity
of the Form.25
If a county board ultimately decides that the voter’s Photo ID Exception Form is false, then the
county board must “substantiate any finding of falsity with grounds recorded in a written
decision.”26 What this means is that the county board must be able to point to specific
information before the board that led it to conclude that the affidavit is false. A decision that the
Form is false must be based on facts, not speculation, and may not be based on personal opinion
as to whether the voter’s asserted reason is a good enough reason for being excepted from the
photo ID requirements. Importantly, it is not the county board’s role to second-guess the
reasonableness of a voter’s asserted impediment to showing photo ID. Instead, the board is only
concerned with the truth or falsity of the statements made on the Form.27
17 Will a voter’s ballot be counted if the voter completes a Photo ID Exception Form and
writes on the reasonable impediment “Other” line, “I did not know photo ID was required”?
When a voter affirms that they have a reasonable impediment to presenting a photo ID, the law
provides that the voter may identify any “other reasonable impediment” and write a brief
statement as to what constitutes that other reasonable impediment.28 A statement that the voter
was not aware of the photo ID requirement is a true reason for why a voter could not show a
24 N.C.G.S. § 163-166.16(f).
25 08 NCAC 17 .0101(e)(1).
26 08 NCAC 17 .0101(e)(1).
27 As Judge (now Justice) Kavanaugh explained in a case dealing with South Carolina’s similar
reasonable impediment exception to presenting photo ID, “[a]ny reason that the voter
subjectively deems reasonable will suffice, so long as it is not false. If the affidavit is challenged
before the county board, the county board may not second-guess the reasonableness of the
asserted reason, only its truthfulness.” South Carolina v. United States, 898 F. Supp. 2d 30, 36–
37 (D.D.C. 2012).
28 N.C.G.S. § 163-166.16(e)(4).
13
photo ID at the time they presented to vote, unless the county board has information proving that
the voter did, in fact, know they needed to show ID. Again, the reasonableness of a voter’s
impediment to presenting ID is for the voter to determine. The county board’s concern is with
the truth or falsity of the statement.29
29 See note 27. Judge Kavanaugh further explained, “the reasonableness of the listed impediment
is to be determined by the individual voter, not by [an election official] or county board. The
reasonable impediment affidavit simply helps to ensure that voters . . . are who they say they
are.” South Carolina, 898 F. Supp. 2d at 36.
Special Meeting
New Hanover County Board of Elections
November 6, 2023
Subject:
Oath Certificates for Absentee Ballots
Applicable Statutes and/or Rules
N.C. Gen. Stat §§ 163-232 and 163-258.26
Summary:
The New Hanover County Board of Elections will be required to complete oaths attached to an executed
list of approved absentee applications and ballots received by 5:00 PM on the day preceding the
election. There will be an oath for both military and civilian applications/ballots received.
Document/s Included:
Oath Certificates for Absentee Applications and Ballots; Certified List of Absentee Voters (Provided at
Board meeting)
Board Action Required:
Discuss as necessary and action required
Item # 2 Item # 3b
Special Meeting
New Hanover County Board of Elections
November 6, 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