Administrative Code: Comment on Tasks & Duties of Precinct Officials at Voting Places

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 .0101 TASKS AND DUTIES OF PRECINCT OFFICIALS AT VOTING PLACES.  NECESSARY  RULE

• Rule is CONFUSING and covers multiple different duties and requirements of Precinct Officials and Election Processes NOT included in the referenced Statute § 163-166.6.  Designation of tasks.

v Rule IS authorized by State Law § 163-166.6.  Designation of tasks.

v Rule IS NOT authorized by State Law § 163-22.  Powers and duties of State Board of Elections EXCEPT by § 163-22 (m) The State Board shall provide specific training to county boards of elections regarding rules for registering students. Which requirement is NOT included in the Rule.

v Rule IS necessary to serve the public interest AND persons who choose to exercise their Civic Duty to participate in the Election Processes of NC

v Rule DOES NOT “seek to reduce the burden upon those persons or entities who must comply with the rule” BUT IT SHOULD!

v Rule IS repetitive, poorly structured, difficult to follow in sequence, and does not follow a logical order.

v Rule IS NOT “written in a clear and unambiguous manner.”

v Rule is CONFUSING and covers multiple different duties and requirements of Precinct Officials and Election Processes NOT included in the referenced Statute § 163-166.6.  Designation of tasks.

v Rule IS reasonably necessary to implement or interpret federal or State law but fails to provide clear procedures to perform the requirements of the Law.

v Rule includes requirements of MULTIPLE NC State Statutes which are NOT referenced in the primary Rule History. Only two NC General Statutes are referenced in the History Note. There are at least EIGHTEEN Statutes from which parts of this Rule are acquired.

v Rule DOES NOT have a “cumulative effect” “related to the specific purpose for which the rule is proposed.” The cumulative effect of the Rule is a poorly researched and structured document that does NOT function as Procedure to carry out the tasks for which the Rule is required.