Administrative Code: Comment on Guidelines for Determining Voter Intent
- Oct 15
- 3 min read
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 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.
NCAC 09. 0109 GUIDELINES FOR DETERMINING VOTER INTENT: NECESSARY
Rule is NECESSARY for the stated purpose, but as it is written is UNNCECESSARY because it DOES NOT achieve the requirements set forth in G.S.§ 150B-2. Definitions. (8a) Rule “that describes the procedure or practice requirements of an agency”, because it is INCOMPLETE in listing the procedure or practice requirements.
v Rule DOES have a “cumulative effect” “related to the specific purpose of determining voter intent for which the rule is proposed.” The cumulative effect of determining voter intent in the Rule is INCOMPLETE, relying on additional Numbered Memos which need to be incorporated into the RULE so as to carry out the tasks for which the Rule is required.
v Rule is NECESSARY for the stated purpose, but as it is written is UNNCECESSARY because it DOES NOT achieve the requirements set forth in G.S.§ 150B-2. Definitions. (8a) Rule “that describes the procedure or practice requirements of an agency”, because it is INCOMPLETE in listing the procedure or practice requirements.
v Rule is based on election administration best practices along with the EAC’s Voluntary Voting System Guidelines (VSG) under HAVA.
v Rule references the statutory authority under G.S. §163-22, Powers of State Board of Elections and G.S. §163-182.7, recount procedures) per G.S. §150B-21.2(c) (rule notice requirements) but excludes G.S. §163-165.3A (voter intent governs) and G.S §163-182.1, Principals and rules for counting official ballots.
v Rule achieves only PARTIAL regulatory objectives as it is INCOMPLETE in outlining all procedures necessary to determine voter intent. It is cost-effective as it limits manual reviews to only disputed ballots.
v Rule is intended to provide specific operational guidelines not detailed in the statutes, but FALLS SHORT as two (2) Numbered Memos were published to provide more specific details that are not contained in the Rule.
v Rule is NECESSARY to implement Statutes but fails to achieve multiple requirements of the referenced law.
v Rule contains references to NUMBERED MEMOs which have NO Statutory Authority under 150B Administrative Procedures Act. Those portions of the Rule are likewise INVALID.
v Rule is inadequate for the titled purpose and requires substantial revision.
08 NCAC 04 .0305 (INSTRUCTION OF PRECINCT OFFICIALS AND VOTERS IN THE USE OF VOTING SYSTEMS.
Ø Rule IS expressly authorized by Federal and State law but lacks compliance with section 301 of the Help America Vote Act of 2002 which is referenced in the Rule WITHOUT any content in the Rule specifying the requirements for compliance
v Rule IS Necessary but is not based on sound, reasonably available and relevant information as major omissions exist from the Statutes referenced in the Rule
v Rule IS NOT written in a clear and unambiguous manner as definitions and procedures needed to clarify the Rule are absent
v Rule is reasonably necessary to implement and interpret State law but fails to do so by lacking information regarding the content of instructional processes proposed within the Rule
v Rule IS expressly authorized by Federal and State law but lacks compliance with section 301 of the Help America Vote Act of 2002 which is referenced in the Rule WITHOUT any content in the Rule specifying the requirements for compliance
v Rule is repetitive of the actual language of the Statutes INSTEAD of clear, orderly, direct instructions required in a Rule describing the processes intended to implement the referenced law
v Rule references requirements in the Rule but provides no content of the requirement and gives no reference as to where the information exists
v Rule is poorly constructed with minimal actual procedures given that would instruct Precinct Officials or Voters in the use of Voting Systems, the purpose of the Rule not being successfully accomplished.
v Rule is NOT designed to achieve the regulatory objective in a cost effective or timely manner as it currently exists
Comments