Action Alert: Electioneering Zone: Suggestions and Rationale

• Choose a Suggestion and its Rationale for the rule Verification of Photo ID During In-Person Voting. (You may pick more than one. Treat each one in a separate entry for Public Comment.)

• Please rephrase the Suggestion and Rational into your own words so the NCSBE treats each submission separately.

• Then click on the Public Comment Portal at the bottom of the page to submit your Comment.

• Email Jane.bilello@gmail.com with the Rule and comment you submitted so we can keep track of submissions. Thanks.

Voting Site Electioneering Zone 08 NCAC 10C .0103

  Reference: 08 NCAC 10C .0103 (a) and (b)

     Suggestions:

1.  Replace “Electioneering Zone” with “Area for Election-Related Activity” throughout the section.

2. Revise the wording in each section to only reflect designating and marking areas outside the buffer zone that should be excluded from election-related activity due to health, safety or environmental or legal concerns.

     Rationale:

1. NCGS §163-166.4(b) Area for Election‑Related Activity does not prescribe an area for electioneering, It also prescribes the area to be adjacent to buffer zones. ... in which persons ... may distribute campaign literature... “This allows voters to receive information prior to entering the buffer zone.   

 2. NC GS 183-166 describes the area for election-related activity as outside the buffer zone.  If there are areas that are health, safety or environmental concerns, those areas can specifically be excluded from the election-related activity.

 3. NC law does not set LIMITS, just tells them to provide an area. Setting limits in electioneering zones is not addressed in law and violates NCGS § 150B-19 (referenced below) and should not be included in the Rule. 

     NC § 150B-19.  Restrictions on what can be adopted as a rule.

An agency may not adopt a rule that does one or more of the following:

(1)  Implements or interprets a law unless that law or another law specifically authorizes the agency to do so.

 4. NC § 163‑166.4 Limitation on activity in the voting place and in a buffer zone around it does not specify a size for an electioneering zone or marking it.

08 NCAC 10B.0101 (b)(12) & (18) Duties of Precinct Officials does not address physically marking the area. 

 5. NC § 163‑166.4 only allows a county board of elections to restrict electioneering within the voting enclosure and the buffer zone.  Restricting electioneering outside the established enclosure and buffer zone is a violation of free speech and could invite legal action. 

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After you have rephrased the Suggestion and Rationale of your choice into your own words:

• Click on Public Comment Portal: https://www.ncsbe.gov/public-comment-portal-2026-rulemaking-voting-sites

• Scroll down to the form, Record Your Public Comment.

• Fill in the form with the Rule, Your Name, Your Email, and Comment. 

We are trying to keep track of numbers of folks who commented. Please, when you complete your public comment, email Jane at jane.bilello@gmail.com with the rule(s) you submitted for Public Comment. Thank you.