Rulemaking

Overview

Under Powers and duties of State Board of Elections (N.C.G.S. § 163-22), the State Board of Elections has general supervision over the primaries and elections in North Carolina. It also may make rules regarding elections and campaign finance provided they do not contradict the law. When rules are proposed, a public comment period and a public hearing about the rule takes place.

The Rules Review Commission reviews rules that the State Board adopts for compliance with the requirements in the Administrative Procedure Act (Chapter 150B of the N.C. General Statutes). For more about the Rules Review Commission, including a list of date of their upcoming meetings, visit N.C. Office of Administrative Hearings (NCOAH).

Two ways to be added to the list of interested parties for rule-making conducted by the State Board of Elections:

  1. Email: legal@ncsbe.gov
  2. Mail: P.O. Box 27255, Raleigh, NC 27611-7255

Rules in Progress

Click the links below to navigate the proposed rules and related comment periods detailed on this page.

Permanent Election Observer Rules

Section 7(b) of N.C. Session Law 2023-140 (Senate Bill 747), which took effect on Jan. 1, 2024, rewrote existing law governing election observers. The law requires the State Board to issue rules to address the following items: how to handle challenges to the appointment of observers brought by those who are authorized in statute to issue such challenges, how to handle appeals of those challenge decisions, how to handle appeals from a chief judge’s decision to remove an observer from service, and whether to require observers to wear identification badges so that voters and poll workers can identify them and their purpose at the polls.

On Jan. 2, 2024, the State Board adopted three temporary rules regarding election observers. They took effect on Feb. 8, 2024, and expired according to law on Nov. 26, 2024.

These rules were successfully implemented in the 2024 primary, second primary, and general election. On Jan. 22, 2025, the State Board voted to propose these temporary rules as permanent rules:

Comment on the Proposed Permanent Observer Rules

The public comment period for these rules is now closed.

Permanent Election Protest and Recount Rules

The State Board of Elections is proposing amendments to rules governing election protests and recounts so that post-election proceedings are completed in a timely fashion. 

Lengthy gaps in the timelines for election protests and recounts can lead to unnecessary delays in the final certification of elections. In recent years, election protest decisions and appeals have led to delays in certification for weeks, or even months, after an election. Such delays could be especially problematic in a presidential election, because federal law sets a strict deadline for states to certify their selection of presidential electors, in advance of the Electoral College meeting.

Text of the proposed rules are available at the links below: 

  • Actions of County Boards as to Election Protests (08 NCAC 02 .0110) (PDF) requires county boards of elections to hold a preliminary consideration meeting within two business days after a protest is filed. The preliminary consideration meeting is used to determine if the protest has enough merit to move to a hearing where evidence is presented. The decision on whether to move to a hearing would have to be issued within two business days of that meeting. This amendment also shortens the deadline to issue a written decision following a hearing, if needed, from five business days to three.
  • First Recount (08 NCAC 09 .0107) (PDF) requires county boards of elections to schedule the first recount to begin within three business days of the demand for a recount.
  • Secondary Recounts (08 NCAC 09 .0110) (PDF) requires county boards to schedule any hand recounts to start within two business days of a demand for a hand recount. 

Comment on the Proposed Permanent Protest and Recount Rules

The public comment period for these rules in now closed.

Permanent Campaign Finance Rules and Amendments

The State Board of Elections invites the public to comment on several proposed rules and rule amendments related to the campaign finance disclosure process. Read the full text PDF of the proposed rules and rule amendments. The following are brief descriptions of the proposed rules and rule amendments, followed by instructions on how to comment on them through May 16, 2025.

Proposed rule amendments:

  • The proposed amendment to Reporting of Independent Expenditures (08 NCAC 21 .0102) (PDF) and the proposed amendment to Electronic Filing (08 NCAC 21 .0106) (PDF) facilitate the filing of electronic disclosure reports by clarifying the email address that electronically signed report covers should be sent to and by clarifying that there is no requirement to file a copy of the report with the county board of elections when a data file and electronically signed disclosure report cover is filed with the State Board of Elections. The proposed amendment to 08 NCAC 21 .0106 also updates the rule citation for missing disclosure reports.

Proposed rules:

  • Proposed rule Reporting Periods (08 NCAC 21 .0108) (PDF) requires that a committee treasurer not sign or file a disclosure report cover until the calendar day after the statutorily prescribed period end date.
  • Proposed rule Inactive Status for a Candidate or Committee (08 NCAC 21 .0204) (PDF) implements G.S. § 163-278.10 and establishes that, to obtain inactive status, the treasurer must file a disclosure report that shows no contributions or expenditures during the reporting period and a certification regarding the inactive status. The proposed rule also describes what actions must be taken after committee activity resumes accepting contributions and making expenditures. The proposed rule also clarifies that expenditures for de minimis bank fees and postage will not impact a committee’s inactive status.

Comment on the Proposed Campaign Finance Rules and Amendments

The public comment period for these rules is now closed.

Permanent Petition Rules

The State Board of Elections invites the public to comment on a series of proposed rules to govern the conduct of petitions and to ensure transparency in the process for petitioners, the county boards of elections, and the State Board. Read the full text PDF of the proposed rules. The rules comprise a new Chapter 22 of Title 8 in the administrative code for the agency’s rules, and have been divided into sections based on subject matter as follows:

  • Section .0100 — General Rules for Petitions (PDF): The rules in this section are general rules for all petitions and are mostly geared toward establishing a process for petitioners to follow when initiating and filing their petition. The individual rules in this section are:
    • Rule .0101 (Petitions) identifies the types of petitions that are subject to these rules.
    • Rule .0102 (Definitions) establishes definitions for the entire chapter to make the individual rules easier to read.
    • Rule .0103 (Initiation of Petitions) establishes how to start a petition and how a county processes the form that is used.
    • Rule .0104 (Petition Signature Sheets) establishes the makeup of the signature sheets used to collect signatures for a petition.
    • Rule .0105 (Petition Circulators) provides the manner in which petitioners will identify their circulators and when to do so, and when an entity working with or on behalf of a petitioner must register with the Secretary of State’s office.
    • Rule .0106 (Submission of Signature Sheets) provides when and how signature sheets are submitted to a board of elections to be verified, as well as how a county documents receipt.
    • Rule .0107 (Copies of Signature Sheets and Return of Original Signature Sheets) provides how a county board returns a copy or original signature sheet to a petitioner, along with the certificate that identifies how many signatures have been verified.
  • Section .0200 — Verification of Petitions (PDF): The rules in this section are general rules for all petitions and are mostly geared toward the county boards and their processing of petitions, including signature verification. The individual rules in this section are:
    • Rule .0201 (Petition Signature Verification by County Boards of Elections) establishes the requirements and procedures for conducting signature verification to determine whether the petition signer is a registered voter who is qualified to sign the petition and have their signature counted.
    • Rule .0202 (Petition Signature Verification Determinations) governs how a county board official will notate their determination as to whether the signature will count on the physical signature sheet and the reason for that determination within the petition module in SEIMS.
    • Rule .0203 (Counting of Signatures Towards a Petition’s Signature Requirement) sets rules for when certain signatures will count, or will not otherwise be permitted to count.
    • Rule .0204 (Removal of Signature from Petition) establishes a process for a petition signer to request the removal of their signature from a petition and how a board of elections will process that request.
  • Section .0300 — New Political Party Petitions (PDF): The rules in this section are specific to new party petitions only and are mostly geared toward the new party’s requirements for their petition and the State Board’s processing and review of these petitions. The individual rules in this section are:
    • Rule .0301 (New Party Petitions) establishes definitions for the section, and defines what counts as final action on a new party petition.
    • Rule .0302 (Prospective Party Name) establishes a process to review the name of a prospective party at the outset of their petition.
    • Rule .0303 (Changes in Prospective Party State Chair’s Information) informs the prospective party on what actions they need to do when their state chair’s information changes, and when to do those actions.
    • Rule .0304 (Continuing a New Party Petition) establishes a process for a prospective party to notify the State Board when it will not meet the signature threshold before a midterm election and desires to continue its petition so it can gain recognition before the presidential election in an election cycle.
    • Rule .0305 (General Purpose and Intent of the New Party) establishes how the prospective party can demonstrate to the State Board the manner in which it will convey its general purpose and intent to petition signers.
    • Rule .0306 (Sufficiency of New Party Petitions) sets out the criteria and process for the State Board to determine the sufficiency of a new party petition after the party tells the State Board it is ready for the Board to review the petition, including State Board staff review of the submitted signature sheets and the manner in which the Board can request more information from the prospective party.
  • Section .0400 — Unaffiliated Candidate Petitions (PDF): The rules in this section are specific to petitions where a voter wants to be listed on the ballot as an unaffiliated candidate. The individual rules in this section are:
    • Rule .0401 (Unaffiliated Candidate Petitions) establishes definitions for the section, defines what counts as final action on the petition, and accounts for the manner in which counties review signature sheets when the petition is filed with the State Board.
    • Rule .0402 (Processing Unaffiliated Candidate Petitions) governs how a board of elections processes an unaffiliated candidate petition, including when the board inspects the registration records to determine if the petitioner is qualified for the office sought.
  • Section .0500 — Write-in Candidate Petitions (PDF): The rules in this section are specific to petitions where a voter wants write-in votes for them to be counted in an election. The individual rules in this section are:
    • Rule .0501 (Write-In Candidate Petitions) establishes definitions for the section and defines what counts as final action on the petition.
    • Rule .0502 (Processing Write-In Candidate Petitions) governs how a board of elections processes a write-in candidate petition, including when the board inspects the registration records to determine if the petitioner is qualified for the office sought and when the petitioner must submit a declaration of intent.
  • Section .0600 – Petitions to be a Candidate on the Ballot Without Paying a Filing Fee (PDF): The rule in this section is specific to petitions that are known as an “in lieu of filing fee” petition.
    • Rule .0601 (In Lieu of Filing Fee Petition) establishes definitions for the rule and defines what counts as final action on the petition. The processes for the other candidate petitions in Rules .0402 and .0502 are not necessary for this kind of petition, because the matters addressed in those rules (i.e., candidate eligibility) are addressed through the separate notice of candidacy processes.

Comment on the Proposed Petition Rules

The public comment period for these rules is now closed.

Procedure for Subjecting a Proposed Rule to Legislative Review

If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with Effective date of rules (N.C.G.S. § 150B-21.3(b2)) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in (b1). The Commission will receive written objections until 5 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at (984) 236-1850.

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