NC Elections Board Approved New Grounds to Reject Absentee Ballots
The North Carolina State Board of Elections voted 3-2 along party lines to allow county elections staff to disqualify absentee ballots for technical “irregularities,” including not properly sealing a ballot or using the wrong type of return envelope. The vote targets the 2026 midterm election cycle, now roughly three months out.
Under the new rule, county staff are supposed to contact voters whose ballots have irregularities, but if the voter does not take “appropriate action,” the ballot can be discarded. The rule does not define what counts as appropriate action or set a clear deadline for voters to respond, leaving significant discretion to county-level staff.
“I think it’s confusing. We’re going to lose perfectly sound ballots due to over-fussiness.”
Siobhan Millen, Democratic member, NC State Board of Elections
Republican board member Angela Hawkins argued the rule is legal under current state law and that voters confused by envelope requirements can contact their local elections board. She did not dispute that the rule could lead to ballot rejections.
A Second Rule Also Loosened Standards for Rejecting Ballots
This vote was the second in a week targeting absentee ballot security. The board also voted to make it easier to reject ballots from voters who claim they lack photo ID. Under that change, a county board can discard a ballot by majority vote if members believe a voter is misrepresenting their lack of ID. Previously, rejecting such a ballot required bipartisan agreement from the board.
Together, the two rules shift power toward county-level boards, where partisan majorities can reject ballots without needing cross-party consensus.
The Rules Review Commission Has Final Authority
Neither rule takes effect automatically. North Carolina’s Rules Review Commission, whose members are appointed by Republican legislative leaders, must approve the changes before they are enforceable. That approval is not guaranteed, but the Commission has historically deferred to Republican-backed rule changes from state agencies.
If approved, the rules will apply in the November 2026 midterms, when North Carolina will hold elections for U.S. House seats, a U.S. Senate seat, and state legislative offices. North Carolina has been a competitive state in recent federal elections, making absentee ballot access a consequential factor in close races.
What You Can Do Now
-
Call your NC state legislators at the North Carolina General Assembly switchboard, (919) 733-4111, and tell them to pass legislation overturning the board’s new absentee ballot rules before the 2026 midterm election. Republican board member Hawkins herself said, “If the General Assembly wants to change it, then that’s fine.”
-
Submit a public comment to the NC Rules Review Commission before the Commission votes on the rule. Find Commission contact information and meeting schedules at oah.nc.gov/rrc. Tell commissioners the rule creates arbitrary grounds for discarding valid ballots.
-
Contact the NC State Board of Elections directly at (919) 814-0700 and ask them to publish clear, specific guidance on what “appropriate action” means for voters whose ballots are flagged, and what the response deadline is.
-
Check your absentee ballot envelope requirements before the November 2026 election at ncsbe.gov. Under this rule, a sealing error or wrong envelope could cost you your vote even if your ballot is otherwise valid.
Sources
NC Newsline: NC Elections Board Vote Makes It Easier to Throw Out Mail-In Ballots NC State Board of Elections: Absentee Voting Rules and Procedures NC Office of Administrative Hearings: Rules Review Commission Brennan Center for Justice: Absentee Ballot Rejection Rates and Causes