Administrative Code: Comment on Assistance to Voters in Primaries & General Elections

NC Administrative Code:  Fixing the Rules

Members of the public may comment on the State Board’s initial determination that the rules are necessary in any of the following ways through October 17, 2025.

References:

Administrative Procedures Act  

OAH RRC Rules Review NCSBE 2025 Plan of Review 

Administrative Code: Is The Rule Necessary or Unnecessary? This is what happens next.

• Go to the portal Online: https://www.ncsbe.gov/about-elections/legal-resources/rulemaking/public-comment-portal-2025-periodic-review-existing-rules

• Or Email: rulemaking.sboe@ncsbe.gov (Commenter must identify the specific rule being commented on.)

  Please comment on these rules. Click the above link link for info on comments.

• Each rule submission is separate.

08 NCAC 10B .0107 ASSISTANCE TO VOTERS IN PRIMARIES AND GENERAL ELECTIONS Necessary

• The Rule is disordered in structure, opening with Curbside Voting, without actual instructions for performance of the Tasks as titled, but repeating language of the Statute only, which violates the requirements under 150B in creating a Rule.

v The Rule IS authorized by NC Statutes but does NOT give  clear procedures for carrying out the intent and directives of the referenced Statutes.

v The Rule includes parts of Statutes and policies that do not directly pertain the the Rule as titled, which makes parts of the Rule Unnecessary.

v The Rule also contains information that is NOT contained in the referenced Statute § 163-166.8: specifically the direction of "no limitation" on the number of voters a person can assist within the Voting Enclosure. The term "person" does NOT specify the limitations of the "person" allowed to assist another voter. An unacceptable oversight. Incomplete and incorrect information invalidating the Rule per the 150B APA.

v The Rule OMITS information regarding specific record keeping of the LOG of persons within the Voting Enclosure assisting a voter, creating unsound information and minimizing the relevance of the Rule.

v § 163-166.8.  Assistance to voters. (d) Precinct officials shall maintain a log of any individual, other than a minor child under the age of 18 in the care of a voter, who enters the voting place pursuant to this section and is not seeking to vote in that voting place.

v The Rule is disordered in structure, opening with Curbside Voting, without actual instructions for performance of the Tasks as titled, but repeating language of the Statute only, which violates the requirements under 150B in creating a Rule.

v Rule IS authorized by NC Statutes but does NOT clearly give procedures for carrying out the intent and directives of the Statutes, and although NECESSARY for the Poll Workers, Precinct Officials and Voters to understand the Election Processes, fails to give adequate instructions, the requirement of a Rule.