This numbered memo1 provides guidance about responding to public records requests that involve sensitive voter or elections-related information. It addresses many questions that county elections directors have raised with the State Board in responding to requests for such records.
This memorandum is not intended to provide comprehensive guidance about responding to public records requests or to address all information that may need to be withheld from a public records request. There are other important exceptions to disclosure that are not fully covered in this memo—including those covering vendor trade secrets,2 personnel information,3 attorney-client communications and trial preparation materials,4 records of criminal investigations,5 and campaign finance investigations.6
General Obligations Under the Public Records Act
The North Carolina Public Records Act (Chapter 132 of the North Carolina General Statutes) generally requires public agencies like county boards of elections to provide copies of public records upon request.N.C.G.S. §§ 132-6, 132-6.2.7
In responding to public records requests, county boards should keep in mind their core public mission of administering elections. In doing so, please remember the following general guidelines:
- Although a county board must search its records to determine if any are responsive to a public records request, a county board is not required to create or compile any records that do not already exist.8 Some county boards voluntarily compile or create records—for example, by running complex queries of voter registration data that a member of the public could do on their own with publicly available data. This service is helpful to the public, but it is not required and may not be feasible for offices that lack extra resources to devote to such requests.
- To protect the proper functioning of government offices, public records may only be examined “at reasonable times” and should be provided “as promptly as possible.”9 North Carolina law recognizes that a public agency’s duty is to make “reasonable accommodations to allow . . . access to documents in a timely manner,” depending on “the limitations of the . . . [o]ffice and the availability of its employees.”10
- If public records are to be reviewed in person (for example, absentee envelopes where the voter’s signature has not been redacted), county boards may require “reasonable supervision” to ensure the integrity of their records,11 in which case scheduling access to the records may depend on the availability of staff to supervise the review.
- The Public Records Act does not require agencies to respond to requests for public records outside of their usual business hours.12
Subject to these ground rules, documents and other records that are not otherwise exempt from public disclosure must be provided, upon request. The time needed to apply redactions to public records, as required by the exceptions to public disclosure discussed below, will also factor into when the county board is able to reasonably respond to a public records request. Public agencies are not permitted to charge for the cost of applying redactions.13
County boards with questions about public records compliance are encouraged to first consult their county attorney. State Board legal and communications staff can also assist with general guidance on compliance with public records laws.
Voter Information That Shall Not Be Provided
North Carolina law forbids the disclosure of certain information in voter records. County boards must redact the following items prior to releasing public records:14
- Voter’s date of birth. Year of birth may be provided. Counties may, but are not required to, fulfill requests for all voters who turned a certain age within a range of no fewer than three months. Shorter time ranges risk revealing date of birth.15
- If a request includes a voter’s date of birth, the county board must not provide confirmation of that date of birth—only confirm year of birth. The State Board suggests responding to such requests with the following language: “Date of birth is a confidential voter record. We cannot confirm that the birthdate you’ve provided corresponds with any voter. We did search for the voter’s name and birth year that you provided, and were able to obtain and provide you with the attached record(s).”
- Voter’s Social Security number (partial or full).
- Voter’s driver’s license or non-operator ID number.
- Voter’s email address, if submitted on a form or document used for voter registration, absentee voting, or military or overseas (UOCAVA) voting. This includes email addresses provided through the Democracy Live portal, and email addresses listed in an email to the county board when that email is transmitting a form or document for voter registration, absentee voting, or military or overseas (UOCAVA) voting purposes. See appendix for a list of forms and examples.
- The identity of the public agency where the voter registered.16 This includes, for example, information that would reveal that the voter registered at the DMV, a public assistance office like county DSS, a public library or high school, or an office that provides services to disabled persons. For this reason, certain voter registration form codes must be redacted from records provided for specific voters. These codes include 01, 02, 03, 05, 08, 10, 11, 12, 13, 15, and 21. County boards must also redact the “DMV Agency Form” language at the top of forms generated through a DMV transaction.
- Voter’s signature, unless that signature is being viewed in person. A voter’s signature may be viewed in person but must not be copied or traced except by election officials for election administration purposes. The county board should not redact the signature of the voter’s near relative or legal guardian on an absentee request form or the signatures of witnesses or assistants on the absentee envelope. Additionally, a voter’s signature on a petition signature sheet should not be redacted, as discussed in more detail below.
- “Confidential” voters’ residential addresses. These are voters whose addresses are protected by court order or by the Address Confidentiality Program for certain victims of crimes. County boards should take every feasible step to ensure a confidential voter’s residential address is not disclosed on any document that is or becomes public.
- Retrievable ballot ID number (this includes the EV, CIV, MIL, and OVR numbers), unless that number is being viewed in person. The EV number is on the early voting application and the CIV/MIL/OVR numbers are on absentee voting materials (i.e., absentee applications). These numbers could be used to identify a voter to a particular voted ballot. Accordingly, these numbers must not be copied or otherwise retained by the public where the number is associated with the identity of a voter. The county board must redact these numbers if providing a copy of any materials, documents, or reports with such a number on it to ensure the secrecy of voters’ ballots, and must ensure the numbers cannot be retained (i.e., recorded) if reviewing materials and reports in an open meeting.17 Viewing and copying absentee envelopes in particular are discussed more below.
Cumulative data based on these items of information may be publicly disclosed, as long as information about any individual voter cannot be discerned from the disclosed data. For example, records that show how many North Carolinians registered at the DMV in a particular year may be disclosed.18 But the identities of the specific voters who registered at the DMV may not be disclosed.
Sample redacted voter documents are in the appendix to this Numbered Memo.
Documents That Shall Not Be Provided
Some documents are not public or are confidential as a matter of law. The following documents shall not be provided in response to a public records request.
Voted Ballots and Records Revealing How Voters Voted
Voted ballots and paper and electronic records of individual voted ballots (e.g., “cast-vote records”) are confidential and may not be provided to anyone other than elections officials performing their duties, except as ordered by a court or an elections board adjudicating an election protest or investigation of an alleged election irregularity or violation. Voted ballots and paper and electronic records of individual voted ballots that disclose how a particular voter voted must not be disclosed without a court order.19
County boards must take every feasible precaution to maintain the confidentiality of how a voter voted their ballot, including being mindful of how the secrecy of a voter’s ballot could be impacted as a result of publicly available information being used to identify how a particular voter voted. For example, the likelihood of this scenario occurring increases when there are lower turnout elections where only a small number of voters in a precinct or county vote in the election or in a particular contest. If a situation occurs, or is likely to occur, where the secrecy of a voter’s ballot could be impacted, then the county board should contact the State Board for guidance by submitting a help desk ticket.
Copies of Photo Identification Used for Voting
The photocopy of a voter’s photo ID submitted with an absentee ballot or a copy of a voter’s HAVA ID is confidential and not a public record.20 A county board must not provide a copy of the photo identification or allow viewing of the photo identification. The photo used for a voter’s Voter Photo ID Card provided by the county board is also confidential and not a public record, and it must not be disclosed.21
Although the photocopy of a photo ID is not a public record, the photocopy must be retained with the voter’s corresponding absentee envelope through at least the end of canvass and the certification of all elections in the county. After that time, for efficiency in responding to public records requests and to reduce the likelihood of a mistaken disclosure, a county board can separate the photocopy of photo ID from the corresponding envelopes and securely store it in a separate container—so long as the photocopies of photo ID are still stored in the same secure location as the envelopes. The photocopy of photo ID must be retained for as long as the county retains that voter’s corresponding absentee envelope.22
A county board can dispose of a copy of a HAVA ID after recording the type of document provided in the voter’s registration record.23 County boards must ensure their staff and poll workers are trained to properly and accurately record the type of document provided.
Certification of Financial Account Information
Under North Carolina’s campaign finance laws, when a candidate has received funds or made payments or given consent for anyone else to receive funds or transfer anything of value for the purpose of bringing about their nomination or election for office, or when a group meets the definition of a political committee in N.C.G.S. § 163-278.6(74) or referendum committee in N.C.G.S. § 163-278.6(84), the candidate or group is required to appoint a treasurer and organize a political committee. The treasurer must then file with a board of elections, among other things, a statement of organization and certification of financial account information.24 The certification of financial account information is required to be kept confidential because it contains confidential account information and numbers. The only exceptions are if disclosure is necessary to conduct a State Board or law enforcement audit or investigation, disclosure is required by a court of competent jurisdiction, or confidentiality is waived by the treasurer.
Processing Requests That Require Redactions
Some requests require that redactions be made before allowing viewing of a document or providing a copy. Below are some of the most common requests and how to proceed.
Voter Registration Documents
County boards will often receive requests for copies of voter registration-related documents. While these requests are usually for voter registration applications, these materials can include any form or document that is used to update a voter’s registration record (e.g., a provisional application, a name or address change form, or an absentee ballot request form). County boards must make all necessary redactions to the confidential voter information described above before providing a copy or allowing viewing of the document.
County boards may also receive requests for certified copies of a voter’s profile, which is permitted under the Public Records Act.25 After making any necessary redactions to the voter profile printout, the county board shall provide a certified copy by including a cover letter on county board letterhead, signed and dated by the county director of elections, with the following statement: “I certify that the following is an official record of the ____ County Board of Elections.”
Absentee Envelopes
Absentee ballot envelopes are public records under North Carolina’s Public Records Act, with exceptions for voter signatures and CIV number.26 Requests for copies or viewing absentee envelopes have become routine following elections. County boards and staff should be prepared to fulfill those requests, after redacting confidential information.
Public records requests for viewing absentee envelopes should not be fulfilled during a board meeting, but must be fulfilled as promptly as possible. How promptly the request can be fulfilled will depend on the logistics in making original envelopes or photocopies available for inspection. Considering the original envelopes are active election records containing confidential information, and can be accompanied by confidential documents, a county board can permissibly wait until the envelopes are no longer in use in the election before making originals available for inspection (i.e., after the county canvass). A county board’s staffing resources and legal requirements during voting and the canvass period are also factors that can affect how possible it is to promptly fulfill the request, even if providing photocopies instead of access to the originals.
Copies: Prior to providing a copy of the envelope to the requestor, the voter signature and CIV number must be redacted. Witness or assistant information should not be redacted. To redact the voter signature and CIV number, the county board should not mark the original envelope or document. Instead, it is recommended that the county board first copy the envelope, mark through the confidential information on the copy, and then copy it again. Some counties have used a cardboard or other thick paper cutout to cover confidential information when making a copy. Digital copies may also be provided using a template redaction tool in Adobe. The county board should review the copy before providing it to the requestor to ensure that the confidential information was indeed made unreadable by the redaction process.
Viewing: Unredacted absentee envelopes may be viewed by the public in the county board office without redacting the voter’s signature, though no copy, photo, or tracing of the signature may be made. The CIV number can be viewed by the public as well, but it cannot be copied or otherwise retained by the viewer because it is an identifier that is linked to the ballot and access to that number could compromise the secrecy of that ballot. A county board must ensure that the requestor is monitored while reviewing the envelopes in the office to ensure voters’ signatures and CIV numbers are not retained.
Photo ID Exception Forms
Unlike the photocopy of a photo ID, a Photo ID Exception Form is a public record. If a public records request seeks copies or viewing of Photo ID Exception Forms, the county board will need to redact the following confidential information from the Form before allowing the requestor to view the form or receive a copy:
- Driver’s License/NCDMV ID number on an absentee Photo ID Exception Form.
- Last four digits of a Social Security Number on an absentee Photo ID Exception Form.
- Information that would be confidential under state or federal law that is written in the “Other” option for both in-person and absentee Photo ID Exception Forms.
If allowing a requestor to review an envelope in person and the photo ID documentation has not been separated from the envelope, a county board should first separate the photocopies of photo ID from their respective envelopes and redact confidential information on Photo ID Exception Forms before allowing the public to review the envelopes.
Absentee Register
County boards of elections must keep a register of absentee ballot requests that includes information about the request, the address to which the ballot should be sent, the date of the request, the voter’s precinct, and other information. The absentee request register is confidential and not a public record until Election Day.27 Prior to the opening of the polls on Election Day, county boards of elections are not permitted to release copies of absentee request forms or identifying information that could be used to determine that a voter requested an absentee ballot.
Absentee request data is no longer confidential when the ballot is returned to the county board of elections office. Therefore, names of absentee voters may be read aloud during the absentee board meetings, as the ballot has been returned to the county board office at that point. Reading from lists of voters who have requested absentee ballots or otherwise releasing the names of voters with outstanding requests is prohibited until the ballot is returned or until Election Day. It is a Class G felony for a person to “steal[], release[], or possess[] the official register of absentee requests for mail-in absentee ballots as provided in G.S. 163-228 prior to the opening of the voting place.”28
Petition Signature Sheets
County boards of elections will often receive petition signature sheets that have information from a signer of the petition. Before providing a copy or allowing the viewing of a signature sheet, the county board must redact any signer’s date of birth on the signature sheet.29 The county board must not redact the signer’s signature, because that is not a signature that was submitted to the county board on a voter registration-related form or an electronic copy of it.30
If a county board is made aware that a signer of a signature sheet is a confidential voter when processing the petition signature sheets, then the county board must redact that signer’s residential address listed on the signature sheet before providing a copy or allowing viewing of the signature sheet.
Copies of Election Protest filings, Candidate Challenge filings, and Voter Challenge filings
Documents filed to initiate a quasi-judicial proceeding, including the forms and any associated documents supporting the filing, are generally public records. There may, however, be a need for a county board to redact information within those documents before providing copies or allowing viewing of the filings, because the specific information is confidential or non-public by law. Typically, this information would be what is identified and described in this Numbered Memo, but there may also be a need to redact information involving personnel matters or investigations related to that proceeding. A county board with questions as to whether certain information in protest or challenge filings can be released should contact the State Board by submitting a help desk ticket.
Copies of Election Incident Reports
When there is an incident during an election (e.g., some kind of disruption at a voting site), election officials will complete an incident report describing what occurred. Sometimes these documents may need to have information redacted before providing copies or allowing viewing of the reports, because confidential or non-public information is listed on the report. Other times, a report may need to be withheld entirely because it is part of a criminal investigation and therefore is not a public record.31 A county board with questions as to whether an incident report, or certain information in that report, can be released should contact the State Board by submitting a help desk ticket.
Statements of Organization
As discussed above, a treasurer for a candidate, political committee, or referendum committee must file certain campaign finance documents with a board of elections. One such document is a statement of organization.32 The statement of organization is a public record that will not normally include confidential information. County boards, however, should carefully review these documents before providing a copy, because treasurers may have mistakenly included bank account information, Social Security Numbers, and other identifying information that is not considered a public record.33
Elections Security Information That Shall Not Be Provided
The Public Records Act also exempts from disclosure information that could compromise the ability of public agencies to protect themselves from security threats, including cybersecurity threats. The State Board’s federal and state security partners help ensure the State Board and county boards are aware of threats, both active and potential, to our nation’s elections infrastructure. The State Board and county boards have a duty to mitigate these threats, including by protecting information that could be used to compromise the integrity of North Carolina’s elections.
There are three key provisions of the Public Records Act that provide overlapping protection for security-related records:
- A county board should not disclose “specific security information or detailed plans, patterns, or practices to prevent or respond to criminal, gang, or organized illegal activity.”34
- A county board should not disclose “plans to prevent or respond to terrorist activity, to the extent such records set forth vulnerability and risk assessments, potential targets, specific tactics, or specific security or emergency procedures, the disclosure of which would jeopardize the safety of governmental personnel or the general public or the security of any governmental facility, building, structure, or information storage system.”35
- A county board should not disclose “security features of its electronic data processing systems, information technology systems, telecommunications networks, or electronic security systems, including hardware or software security, passwords, or security standards, procedures, processes, configurations, software, and codes.”36
In accordance with these exemptions, a county board must not release:
- Records displaying security features of voting systems, electronic pollbooks, or the Statewide Elections Information Management System (SEIMS). This includes, but is not limited to, administrator user manuals for voting systems and SEIMS manuals;
- Physical security and cybersecurity vulnerability assessments;
- Information revealing access controls to elections databases and equipment, including SEIMS usernames, passwords, and login procedures;
- File paths for network folders; or
- Network information such as IP addresses, system or computer names, or network ports.
Examples of how to redact this information are included in the Appendix to this memo.
This is not an exhaustive list. If a county board has questions on what information may need to be redacted, it should contact the State Board by submitting a help desk ticket with specific questions about whether a record, or information contained on a record, may fall within one of the security-related exceptions to disclosure.
When determining whether a public record includes such information, the key question should be whether releasing this information could make it easier for a malicious actor to attempt to compromise election equipment, voter records, election results, or other systems or practices of the county board that are necessary to administering accurate elections.
* * *
If you have any questions regarding information that may fall within any of the disclosure exceptions, please consult your county attorney. State Board legal and communications staff can also assist with general guidance on compliance with public records laws.
[Download the PDF below for Sample Redacted Voter Forms attachment.]
↓ Protecting Certain Voter and Elections Security Information: Numbered Memo 2022-01 (PDF)
- 1
This memo was originally issued on March 15, 2022, and revised on April 25, 2022. A revised version was approved by a vote of the State Board on July 16, 2026.
- 2
N.C.G.S. § 132-1.2(1).
- 3
N.C.G.S. §§ 126-22(a), 153A-98. See, for example, the section of Numbered Memo 2023-07 on public records requests for information about early voting officials.
- 4
N.C.G.S. §§ 132-1.1(a), 132-1.9.
- 5
N.C.G.S. § 132-1.4.
- 6
N.C.G.S. § 163-278.22(7). See page 4 of the State Board’s Campaign Finance Complaint Policy regarding the confidentiality of campaign finance investigations.
- 7
N.C.G.S. §§ 132-6, 132-6.2.
- 8
N.C.G.S. § 132-6.2(e).
- 9
N.C.G.S. § 132.6(a) (emphasis added).
- 10
Brooksby v. N.C. Admin. Off. of Cts., 248 N.C. App. 471, 475, 789 S.E.2d 540, 543 (2016). The court in this case examined a request for a massive amount of records and explained, “[t]he need for the records custodian to maintain the integrity of the records for its own use and the use of others, the custodian’s fiscal responsibility in maintaining the records, the duty to the public, the protection of public resources, and the exigency of the public’s need for the information are some, but not all, of the factors that shape a court’s inquiry in a records request.” Id.
- 11
N.C.G.S. § 132-6(a).
- 12
N.C.G.S. § 132-6.2(d).
- 13
N.C.G.S. § 132-6(c): “No request to inspect, examine, or obtain copies of public records shall be denied on the grounds that confidential information is commingled with the requested nonconfidential information. If it is necessary to separate confidential from nonconfidential information in order to permit the inspection, examination, or copying of the public records, the public agency shall bear the cost of such separation.”
- 14
These restrictions are found in N.C.G.S. § 163-82.10, except as otherwise noted.
- 15
N.C.G.S. § 163-82.10B provides exceptions when date of birth may be released, including when a voter files for candidacy, is serving in elective office, has been challenged, or provides written consent.
- 16
52 U.S.C. §§ 20504(c)(D)(iii), 20506(a)(6)(A)(ii), 20507(i)(1); N.C.G.S. §§ 163-82.4(c)(3), 82.10(a1).
- 17
See N.C.G.S. § 163-165.1(e).
- 18
E.g., https://www.ncsbe.gov/registering/national-voter-registration-act-nvra/nvra-registration-statistics.
- 19
N.C.G.S. § 163-165.1(e).
- 20
N.C.G.S. §§ 163-82.10(a1), 163-233(a).
- 21
N.C.G.S. § 163-82.10(a1) (“photographs for voter photo identification under G.S. 163-82.8A”);
- 22
This period is at least 22 months for all elections. 52 U.S.C. § 20701; N.C.G.S. § 163-233(c).
- 23
N.C.G.S. § 163-166.12(c).
- 24
N.C.G.S. § 163-278.7(b)(8). Form CRO-3500 is accessible on the State Board’s website at https://www.ncsbe.gov/campaign-finance/reporting-forms/certifications.
- 25
N.C.G.S. § 132-6.2(b).
- 26
N.C.G.S. §§ 132-1.2(4), 163-82.10(a), 163-165.1(e). If providing a copy of a military or overseas voter’s ballot application or related materials, the MIL/OVR number must be treated the same as a CIV number.
- 27
N.C.G.S. § 163-228(c).
- 28
N.C.G.S. § 163-237(d6).
- 29
See 08 NCAC 22 .0107, which provides when copies of signature sheets must be provided to the petitioner. The instructions in the rule regarding redactions should be followed when providing any requestor with a copy of a signature sheet.
- 30
See N.C.G.S. § 163-82.10(a2), which limits when a signature cannot be copied.
- 31
N.C.G.S. § 132-1.4.
- 32
N.C.G.S. § 163-278.7(b). Statements of organization are accessible on the State Board’s website at https://www.ncsbe.gov/campaign-finance/reporting-forms/certifications.
- 33
See N.C.G.S. § 132-1.10.
- 34
N.C.G.S. § 132-1.7(a2).
- 35
N.C.G.S. § 132-1.7(b).
- 36
N.C.G.S. § 132-6.1(c).