Voting Site Rules: Buffer Zone Talking Points

Talking Points for 08 NCAC 10C .0102: Voting Site Buffer Zones: This rule provides direction on establishing and marking buffer zones and curbside voting areas.

• Please rephrase the talking point(s) into your own words so the NCSBE treats each submission separately.

• Then click on the Public Comment Portal at the bottom of the page to submit your Comment.

• Email Jane.bilello@gmail.com with the Rule and comment you submitted so we can keep track of submissions. Thanks.

Proposed Revision #1 – Curbside Buffer Zone distance

Proposed Language for 08 NCAC 10C.0102 (b)(2).

Add - The vehicle is considered the voting enclosure for curbside voting.

Modify the wording for distance - The distance from the vehicle to the buffer zone shall be 6 feet.

Talking Point

Numbered Memo 2020-20 – Curbside voting in the Buffer Zone Section states that the buffer zone shall be at least six feet from the vehicle. Six feet from the vehicle allows for poll observers to listen to the conversation between the poll worker and the voter. There needs to be a NCGS defining the buffer zone for curbside voting at 6 feet. Numbered Memos do not have the force of law.

Proposed Revision #2 – Clarify Scope of Buffer Zone Authority

Proposed Language:

“Nothing in this Rule shall be interpreted to authorize a county board of elections to prohibit lawful election-related activity outside the voting place and the voting place buffer zone established pursuant to G.S. 163-166.4.”

Rationale:G.S. 163-166.4 specifically limits the area in which electioneering may be prohibited to the voting place and the established buffer zone. This revision clarifies that the Rule is intended to implement, not expand, the statutory restrictions enacted by the General Assembly.

Proposed Revision #3 – Clarify Purpose of Electioneering Area

Proposed Language:

“The electioneering area required by G.S. 163-166.4(b) shall serve as a designated area in which election-related activity is expressly permitted but shall not be interpreted as the exclusive location outside the buffer zone where lawful election-related activity may occur.”

Rationale:The statute requires counties to provide an electioneering area adjacent to the buffer zone but does not expressly limit all election-related activity to that designated area. This revision clarifies the distinction between a protected electioneering area and the statutory buffer zone.

Proposed Revision #4 – Clarify Multiple Entrance Provision

Current Proposed Rule:“If a voting place has multiple entrances, the county board shall establish a voting place buffer zone at each entrance.”

Proposed Revision:“If a voting place has multiple public entrances regularly used by voters to access the voting place, the county board may establish buffer zone markers at each such entrance consistent with G.S. 163-166.4.”

Rationale:This revision provides flexibility for varying polling place layouts and avoids unintended expansion of restricted electioneering areas beyond what is necessary to implement the statute.

Proposed Revision #5 – Clarify Curbside Voting Buffer Zone

Proposed Language:

“A curbside voting buffer zone established pursuant to this Rule shall be limited to the minimum area reasonably necessary to ensure orderly voting operations and voter access and shall not be interpreted to create an expanded general prohibition on lawful election-related activity beyond the authority provided in G.S. 163-166.4.”

Rationale:This revision clarifies that curbside voting protections are intended to maintain orderly voting operations and should not function as an expanded electioneering restriction beyond statutory authority.

Proposed Revision #6 – Uniform Statewide Standards

Proposed Language:

“County boards shall clearly mark voting place buffer zones and electioneering areas using reasonably visible and consistent signage or markers sufficient to provide notice to voters, observers, and persons engaging in election-related activity.”

Rationale:Consistent statewide marking standards improve clarity, reduce confusion, and assist precinct officials with uniform enforcement.

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1. Curbside Buffer Zone distance Proposed Language for 08 NCAC 10C.0102 (b)(2).

   The vehicle is considered the voting enclosure for curbside voting.

   Modify the wording regarding distance – The distance from the vehicle to the buffer zone shall be 6 feet.

   Reference

   Numbered Memo 2020-20 – Curbside voting

   Buffer Zone - For the purposes of the buffer zone for electioneering activity, the vehicle is considered the voting enclosure. The buffer zone shall be at least six feet from the vehicle, and a greater distance if possible. Poll Observers need to be able to hear the conversation between the voter and the poll worker. Six feet is reasonable to hear without interference. Fifteen feet makes it difficult, if not impossible, to hear. Electioneers shall not enter the buffer zone. This guidance supersedes guidance about the size of the curbside buffer zone from Numbered Memo 2016-16

2. The proposed revisions are intended to ensure consistency between the Rule and G.S. 163-166.4.

3. Administrative rules should implement statutory requirements without expanding restrictions beyond those authorized by the General Assembly.

4. The distinction between the “buffer zone” and the “electioneering area” should remain clear.

5. The electioneering area is intended to guarantee space for lawful election-related activity, not necessarily to function as the exclusive permissible location for such activity.

6. Clear statewide standards help reduce inconsistent enforcement among counties and precinct officials.

7. Existing statutory authorities already allow precinct officials to maintain peace and good order at voting sites without unnecessarily expanding electioneering restrictions.

8. Clarifying the Rule helps protect both orderly elections and constitutional free speech rights.

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Click on  Public Comment Portal: Voting Site Rules https://www.ncsbe.gov/public-comment-portal-2026-rulemaking-voting-sites

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• Scroll down to the form, Record Your Public Comment.

• Fill in the form with the Rule, Your Name, Your Email, and Comment. 

 (See Talking Points after each Rule.) Please rephase the talking point(s) into your own words so the NCSBE treats each submission separately. Thank you.

We are trying to keep track of numbers of folks who commented. Please, when you complete your public comment, email Jane at jane.bilello@gmail.com with the rule(s) you submitted for Public Comment. Thank you.