Action Alert: Photo ID Absentee-by-Mail Ballots

• 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.

Photo ID for Absentee-by-Mail Ballots 08 NCAC 17 .0109

1. Reference: 08 NCAC 17 .0109 (c)(1)

     Suggestion: Change "unanimous" vote to "majority" vote on the final determination that the photocopy of photo identification is not acceptable under Paragraph (a) of this Rule. Add that the county board shall document the factual basis supporting the determination in the meeting minutes.

     Rationale: This amendment requires county boards to document the factual basis supporting determinations that absentee ballot photo identification is deficient.  The amendment:

• Promotes transparency and accountability

• Creates a clearer administrative record

• Encourages consistency across counties

• Helps ensure decisions are based on objective standards

  
  

2. Reference: 08 NCAC 17 .0109 (c)(2)

    Suggestion: Add that documentation and evidence contained in voter registration records, election records, or other reliable evidence should also be evaluated.

    Rationale: This amendment clarifies the evidentiary standard for determining whether an affidavit claiming an exception to the photo identification requirement is false. The amendment:

• Establishes a clearer and more objective standard for county boards

• Promotes consistent application across counties

• Reduces the likelihood of speculative or unsupported findings

• Provides better guidance for county boards when evaluating evidence

3. Reference: 08 NCAC 17 .0109 (c)(4)

Suggestion: Add paragraph (c)(4) to instruct a board what their expected responsibilities are in the event they receive intentionally falsified information from a voter during the canvassing process. The NCSBE Investigations Division should be notified and all related documents submitted by the voter should be provided to them. 

Rationale: GS 163-90.3 and 163-275GS both describe the intentional submission of falsified information by a voter as felonious behavior.  GS 163-90.3 and 163-275GS also describe culpability of an election official if they are aware of the false information provided by the voter and still accept the perjured submission. But no other instructions are provided to election officials for such events. The lack of procedural actions which should be taken in the case of intentionally submitted false data offers no deterrent to this behavior and potentially exposes election officials to adverse repercussions as well.

4. Reference: 08 NCAC 17.0109(d)   

    Suggestion: The source directives for this rule and this rule itself should require this category of voters, military or otherwise, to supply a photocopy of one of the acceptable forms of photo ID for state and local races.

   Rationale:

    1. Overseas voters can easily provide facsimiles of photo identification. 

    2. A 2025 Supreme Court case, Griffin v. North Carolina State Board of Elections,  requires photo  

        identification for military and overseas voters for state and local races. 

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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-photo-id

• 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.