Administrative Code: Comments for Voting Site Uniformity
- Oct 15
- 2 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.
08 NCAC 10B .0109 VOTING SITE UNIFORMITY
NECESSARY RULE but INCOMPLETE, POORLY CITED
Rule covers multiple different duties and set-up requirements of Precinct Officials and Election Processes NOT included in the un-referenced Statutes. Rule cites all three (3) statutes in History Note have been Re‑recodified and no current statute cited as authority other than § 163-22.
v Rule IS NOT authorized by State Law G.S. 163A-741; 163A-1137; 163A-1168 and no current statutes are cited as authority for this Rule.
v Rule IS authorized by State Law § 163-22. Powers and duties of State Board of Elections § 163-22 grants NCSBE rulemaking authority for election administration.
v Rule IS necessary to serve the public interest by having set standards for site uniformity.
v Rule DOES NOT “seek to reduce the burden upon those persons or entities who must comply with the rule”
v Rule IS NOT repetitive and follows a logical order.
v Rule IS “written in a clear and unambiguous manner.”
v Rule covers multiple different duties and set-up requirements of Precinct Officials and Election Processes NOT included in the un-referenced Statutes. Rule cites all three (3) statutes in History Note have been Re‑recodified and no current statute cited as authority other than § 163-22.
v Rule IS reasonably necessary to implement or interpret State law.
v Rule DOES have a “cumulative effect” “related to the specific purpose for which the rule is proposed.”
v Rule is NECESSARY for the stated purpose.
v Rule is intended to provide specific operational guidelines not detailed in the statutes.
v Rule repeats voting procedures outlined in § 163‑166.7 Voting procedures.
Comments