Voting Site Rules: Electioneering Zone Talking Points
- 3 days ago
- 3 min read
Updated: 1 day ago
Below is for the Vote Site Electioneering Group for perusal: Joanne made critical and very relevant edits to the talking points we created by adding statutes and making the point that 0103 should be totally deleted because it is inconsistent with state law. (if you notice, each talking point begins with that statement followed by the law it is inconsistent with.) Also, the 'noise' Talking Point should be part of 08 NCAC 10C.0104 Conduct at Voting Sites. Since we did this work, we're sending it on to Jim to use. Again, thank you everyone for your invaluable input. We're getting there. We're on a roll!
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.
1. 08NCAC 10C.0103 Voting Site Electioneering Zone rule should be deleted because it is inconsistent with state law. For example, NC §163-166.4(b) Area for Election‑Related Activity prescribes an area for electioneering, NOT electioneering zones. It also prescribes the area to be adjacent to buffer zones. “... in which persons ... may distribute campaign literature ... " . This allows voters to receive information prior to entering the buffer zone.
2. 08NCAC 10C.0103 Voting Site Electioneering Zone rule should be deleted because it is inconsistent with state law. For example, NC §163-166.4 does not set LIMITS, just tells county boards of elections to provide an area. Setting limits in electioneering zones is not addressed in law and violates NC § 150B-19 and should not be included in the Rule.
NC § 150B-19. Restrictions on what can be adopted as a rule.
An agency may not adopt a rule that does one or more of the following:
(1) Implements or interprets a law unless that law or another law specifically authorizes the agency to do so.
3. 08NCAC 10C.0103 Voting Site Electioneering Zone rule should be deleted because it is inconsistent with state law. For example, NC § 163‑166.4 Limitation on activity in the voting place and in a buffer zone around it does not specify a size for an electioneering zone or marking it. 08 NCAC 10B.0101 (b)(12) & (18) Duties of Precinct Officials does not address physically marking the area.
4. 08NCAC 10C.0103 Voting Site Electioneering Zone rule should be deleted because it is inconsistent with state law. For example, NC § 163‑166.4 only allows a county board of elections to restrict electioneering within the voting enclosure and the buffer zone. Restricting electioneering outside the established enclosure and buffer zone is a violation of free speech and could invite legal action.
This was merged into the first 2 items.§ 163‑166.4(b) states "...shall also provide an area adjacent to the buffer zone...in which persons... may distribute campaign literature... " The law does not set LIMITS, just tells them to provide an area. Setting limits in electioneering zones is not addressed in statute and per NCGS § 150B-19 should not be included in the Rule.
This should be moved to .0104 Conduct at Voting Sites. Passing this on to Jim.
Voters expect peace and good order when voting. Disruptive sounds, amplified sounds used to broadcast messages and music within the voting enclosure, the buffer zone, and the electioneering area are a disruption and a violation of local noise ordinances. All of these should be considered election interference. Judges have a duty to solicit law enforcement to enforce these laws and local ordinances. G.S. § 163-166.4(a) states: Loud noise within earshot of Buffer Zone may be considered election interference and should be addressed by appropriate statutory authority when such noise impedes voters' ability to hear information or receive verbal direction from the Chief Judge or assigned poll workers.
If electioneering or any other conduct, such as use of disruptive sounds or amplified sounds to broadcast messages or music, interferes with or disrupts “peace and good order” within or outside the facility where voting is occurring voting site, chief judges and judges should exercise their existing statutory authority as well as consider enlisting the assistance of local authorities to enforce generally applicable State laws and local ordinances, as may be appropriate
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Click on Public Comment Portal: Voting Site Rules https://www.ncsbe.gov/public-comment-portal-2026-rulemaking-voting-sites
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.
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