Administrative Code: Comment on Curbside Voting

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 .0108  CURBSIDE VOTING NECESSARY

• Rule does not seek to reduce the burden on those persons or entities who must comply with the Rule according to 150B-19.1(a)(2). For example: The Rule lacks explicit instruction on how many affidavits and ballots may be permitted to be distributed to one car at one time.

v Rule does not seek to reduce the burden on those persons or entities who must comply with the Rule according to 150B-19.1(a)(2). For example: The Rule lacks explicit instruction on how many affidavits and ballots may be permitted to be distributed to one car at one time.

v Rule is NOT clear and unambiguous as required by § 150B-19.1.(a)(3): In section (2), “…the voter shall execute the affidavit after being sworn by a precinct election official…” Clarification is needed for what “sworn by a precinct election official” entails.

v Rule does not contain correct Authority History of Statutes applicable to the the Rule as required § 150B-21.2.(c)(3) A citation to the law that gives the agency the authority to adopt the rule. The first line of the Rule misstates statute GS 163A-11400. Re‑recodified as Chapters 120C, 138A, and 163, by Session Laws 2018‑146, s. 3.1(a), (b).

v Rule requires further investigation and MODIFICATION as the procedures are expressly authorized by State law and are necessary to serve the public interest. § 150B-19.1.(a)(1)

v Rule contains a Form of the Affidavit in violation of § 150B‑2. Definitions

(8a) Rule. Indicating a form does not meet the term Rule.

v Rule contains instructions unrelated to Curbside Voting inappropriately confusing the context of the Rule, and as such does not achieve the primary purpose of the Rule, minimizing its relevance. § 150B-19.1.(a)(5)

v In section (6), the use of “may” and “shall” are ambiguous. The section should read "… shall provide for all such paper ballots to be transported upon closing of the polls by a bi-partisan team to the county board..." and include by a bi-partisan team. The Rule is NOT written in a clear and unambiguous manner.