Rulemaking

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.

Absentee Voting Rules

The State Board of Elections invites the public to comment on several proposed rules that will govern how county boards of elections should proceed when a deficiency with a returned absentee ballot is identified by county board staff. These new rules will provide appropriate safeguards in the implementation of state laws regarding the completion of absentee applications and submission of absentee ballots. Read the Notice of Text.

The following proposed rules are included in this public comment period:

How to Comment

Members of the public may comment on the proposed Absentee Rules in any of the following ways from May 15, 2026, through July 14, 2026:

  • Online: Public Comment Portal: 2026 Absentee Voting Rules
  • Email: rulemaking.sboe@ncsbe.gov (Note: Commenter should identify the specific rule being commented on.)
  • In-Person Public Hearing: 10 a.m. June 22, 2026, in the Board Room at the State Board of Elections, Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603. 
  • Mail: Attn: Rulemaking Coordinator, P.O. Box 27255, Raleigh, NC 27611-7255 (Note: Commenter should identify the specific rule being commented on.)

Once the comment period closes and prior to taking final action on the rules, the State Board will review public comments and consider revisions to the proposed rules in response to those comments. After rules are adopted, they are then submitted to the Rules Review Commission for final approval before they become effective.

 

Photo ID Rules

The State Board of Elections invites the public to comment on proposed amendments to rules pertaining to the photo identification requirement for in-person and absentee voting. The rules will make technical changes to the language of the rules and refinements to the processes involved. Read the Notice of Text.

The following proposed rules are included in this public comment period:

How to Comment

Members of the public may comment on the proposed Photo ID rules in any of the following ways from May 15, 2026, through July 14, 2026:

  • Online: Public Comment Portal: 2026 Photo ID Rules
  • Email: rulemaking.sboe@ncsbe.gov (Note: Commenter should identify the specific rule being commented on.)
  • In-Person Public Hearing: 2 p.m. June 9, 2026, in the Board Room at the State Board of Elections, Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603. 
  • Mail: Attn: Rulemaking Coordinator, P.O. Box 27255, Raleigh, NC 27611-7255 (Note: Commenter should identify the specific rule being commented on.)

Once the comment period closes and prior to taking final action on the rules, the State Board will review public comments and consider revisions to the proposed rules in response to those comments. After rules are adopted, they are then submitted to the Rules Review Commission for final approval before they become effective.

 

Recount Rules

The State Board of Elections invites the public to comment on proposed amendments to three existing rules guiding the conduct of recounts following an election. The amendments are being proposed to refine processes involved in conducting discretionary and mandatory recounts. Read the Notice of Text.

The following proposed rules are included in this public comment period:

  • 08 NCAC 09 .0106: General Guidelines: The proposed amendments to this rule make changes to how a bipartisan team of four is chosen and establish when a recount is officially considered to be completed. 
  • 08 NCAC 09 .0107: First Recount: The proposed amendments to this rule establish how personnel conducting a machine recount are chosen and assigned and establish two options for how ballots rejected by a tabulator in the recount are to be recounted. 
  • 08 NCAC 09 .0110: Secondary Recounts: The proposed amendment to this rule changes the deadline for when a county board of elections must begin a hand-to-eye recount.

How to Comment

Members of the public may comment on the proposed Photo ID rules in any of the following ways from May 15, 2026, through July 14, 2026:

  • Online: Public Comment Portal: Recount Rules
  • Email: rulemaking.sboe@ncsbe.gov (Note: Commenter should identify the specific rule being commented on.)
  • In-Person Public Hearing: 10 a.m. June 8, 2026, in the Board Room at the State Board of Elections, Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603. 
  • Mail: Attn: Rulemaking Coordinator, P.O. Box 27255, Raleigh, NC 27611-7255 (Note: Commenter should identify the specific rule being commented on.)

Once the comment period closes and prior to taking final action on the rules, the State Board will review public comments and consider revisions to the proposed rules in response to those comments. After rules are adopted, they are then submitted to the Rules Review Commission for final approval before they become effective.

 

Voting Site Rules

The State Board of Elections invites the public to comment on a series of new rules being proposed to guide how county boards of elections establish buffer zones, electioneering zones, and curbside voting areas, and how elections officials maintain peace and good order at voting sites. Read the Notice of Text.

The following proposed rules are included in this public comment period:

How to Comment

Members of the public may comment on the proposed Photo ID rules in any of the following ways from May 15, 2026, through July 14, 2026:

  • Online: Public Comment Portal: Voting Site Rules
  • Email: rulemaking.sboe@ncsbe.gov (Note: Commenter should identify the specific rule being commented on.)
  • In-Person Public Hearing: 10 a.m. June 29, 2026, in the Board Room at the State Board of Elections, Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603. 
  • Mail: Attn: Rulemaking Coordinator, P.O. Box 27255, Raleigh, NC 27611-7255 (Note: Commenter should identify the specific rule being commented on.)

Once the comment period closes and prior to taking final action on the rules, the State Board will review public comments and consider revisions to the proposed rules in response to those comments. After rules are adopted, they are then submitted to the Rules Review Commission for final approval before they become effective.

 

List Maintenance Rules

The State Board of Elections invites the public to comment on several proposed permanent rules related to voter roll list maintenance on the basis of non-citizenship. These rules would be in a new chapter of Title 8 of the Administrative Code. Read the Notice of Text and Notice of Rescheduled Hearing.

The following rules are included in this public comment period:

The public comment period ran from January 15, 2026, through March 16, 2026. The in-person public comment hearing was held on March 9, 2026 at the State Board's office: Download the recording and read the written comments.

Prior to adopting the rules, the State Board will review any public comments received in connection with the proposed rules and consider making revisions to the proposed rules in response to those comments. Once the rules are adopted, they will be submitted to the Rules Review Commission.

Periodic Review of Existing Rules

Under N.C.G.S. § 150B-21.3A, state agencies must review their rules every 10 years and decide if those rules are necessary. An “unnecessary rule” is defined as “a rule that the agency determines to be obsolete, redundant, or otherwise not needed.” N.C.G.S. § 150B-21.3A(a)(6). A “necessary rule” is “any rule other than an unnecessary rule.” N.C.G.S. § 150B-21.3A(a)(2a).

The State Board has 38 rules that were subject to periodic review in 2025, and the agency has determined that each of the rules is necessary. The State Board’s rules subject to periodic review in 2025 are in Chapters 01, 02, 03, 04, 05, 06, 09, and 10 of Title 08 of the Administrative Code. Rules in these chapters that were adopted after Jan. 1, 2024, and not in the Administrative Code by that date, are not part of this review.

The public comment period on the State Board’s initial determinations for these rules has closed and the State Board’s final determinations have been filed with and approved by the Rules Review Commission. For more information about the periodic review process, please visit the Rules Review Commission's website at FAQs.

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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