The League of Women Voters of North Carolina is encouraging North Carolinians to submit public comments regarding proposed rule changes from the North Carolina Satte Board of Elections that could make it easier to reject an absentee voter's ballot. Please take five minutes to submit a public comment.
WHAT IS BEING PROPOSED?
The State Board has proposed amendments to 08 NCAC 17 .0101 and 08 NCAC 17.0109, the rules governing photo ID requirements for in-person and absentee-by-mail ballots. One specific change would lower the threshold for a county board to find a voter's Photo ID Exception Form “false” by a majority vote instead of a unanimous vote, therefore rejecting their ballot.
A Photo ID Exception Form is the form a voter submits when they cannot include a photo ID copy with their absentee ballot due to a disability, religious objection, natural disaster, or other reasonable impediment. These are often our most vulnerable voters.
Under the current rule, every member of the county board must agree that a voter's form is false before their ballot can be rejected. The proposed change would allow a partisan majority to override a dissenting board member's judgment, putting ballots at risk based on board composition rather than the facts of a voter's individual situation.
WHAT WE SUPPORT
As stated in our policy positions, the League of Women Voters of North Carolina supports measures that safeguard the voter and ensure fairness in the democratic process. The removal of unanimity weakens, rather than strengthens, the fairness of the election process.
HOW TO SUBMIT YOUR COMMENT
You are being asked to provide comments related to the Public Comment Portal: 2026 Rulemaking - Photo ID. The proposed rules you are providing comments on are:
08 NCAC 17 .0101: Verification of Photo Identification During In-Person Voting: The proposed amendments to this rule align the deadlines for certain actions in the rule with statutory deadlines, re-order the listing of provisional voting options in the rule, and make a county board of elections decision on an in-person exception affidavit be by majority vote.
08 NCAC 17 .0109: Photo Identification for Absentee-By-Mail Ballots: The proposed amendments to this rule align the deadlines for certain actions in the rule with statutory deadlines and make a county board of elections decision on an absentee voter’s exception affidavit be by majority vote.
Here is a link to the specific Photo ID Public Comment Portal:
The public comment period runs from May 15, 2026, through July 14, 2026.
You may also attend the public hearing:
Date: June 9, 2026, at 2:00 P.M.
Location: State Board of Elections, Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603
SAMPLE PUBLIC COMMENTS AND TALKING POINTS
Dear Members of the North Carolina State Board of Elections,
I am a registered voter in [County] County. I am writing to urge the Board to retain the unanimity standard for findings of falsity under 08 NCAC 17.0101 and 08 NCAC 17.0109.
The Photo ID Exception Form exists to protect voters who face real barriers to including a photo ID with their absentee ballot: voters with disabilities, those affected by natural disasters, and others with legitimate needs. Under the current rule, every county board member must agree that a voter's explanation is false before their ballot can be rejected. Lowering that threshold to a simple majority vote puts those voters' ballots at risk of being rejected based on the partisan makeup of their county board rather than the facts of their situation.
The right to have your ballot counted should include a substantive standard that ensures the outcome reflects the evidence. The unanimity requirement provides that assurance.
Please retain the unanimity standard.
Respectfully,
[Your Name]
[Your City, County]
Additional Talking Points (Feel free to incorporate these into your own comments)
The Current Standard Has Worked. The unanimity requirement has governed this process through multiple election cycles. The Board has not identified a specific problem with the current standard that the majority vote change would solve. Absent evidence that the unanimity standard has prevented legitimate falsity findings from being made, there is no compelling justification for lowering a protection that has served voters well.
Unanimity should be the standard. A fair election is not just about counting votes; it is about ensuring that no vote is discarded without the fullest possible justification. Unanimity sets that standard.
Public Trust: The strength of our elections rests on public trust. A rule that allows a partisan majority to reject a voter's ballot over a dissenting member's objection undermines that trust regardless of whether the finding is justified.
