top of page

Administrative Code: Comments on Instructions of Precinct Officials and Voters in the Use of Voting Systems

  • 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:



08 NCAC 04 .0305 (INSTRUCTION OF PRECINCT OFFICIALS AND VOTERS IN THE USE OF VOTING SYSTEMS. NECESSARY


  • 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.

Rule is NOT designed to achieve the regulatory objective in a cost effective or timely manner

Recent Posts

See All
RRC Rules Review NCSBE 2025 Plan of Review

I. PROCESS TO REVIEW the NCSBE 38 Rules currently designated as under Statutory Review:             A. READ:   Article 2A. Rules.* Part 1. General Provisions § 150B-18.  Scope and effect.       https

 
 
 
Administrative Procedures Act

Chapter 150B. Administrative Procedure Act. Article 1. General Provisions.   § 150B‑1. Policy and scope. (a) Purpose. – This Chapter establishes a uniform system of administrative rule making and adju

 
 
 

Comments


©2024 NCEIT North Carolina Election Integrity Team

bottom of page