Pursuant to G.S. § 150B-21.1, notice is hereby given that the Executive Director of the State Board of Elections intends to amend the rule cited as 08 NCAC 01 .0106 under temporary rulemaking procedures. The full text is attached hereto.
The Codifier of Rules approved this rule as an emergency rule effective March 20, 2020 and received for publication the following notice and proposed temporary rule on March 12, 2020.
G.S. 163-27.1 authorizes the Executive Director of the State Board of Elections to exercise emergency powers to conduct an election in a district where the normal schedule for the election is disrupted by a natural disaster, extremely inclement weather, or armed conflict, and to adopt rules describing the emergency powers and the situations in which the emergency powers will be exercised. The proposed temporary rule would amend her emergency powers to clarify that a catastrophe arising from natural causes includes a disease epidemic or other public health incident that makes it impossible or extremely hazardous for elections officials or voters to reach or otherwise access the voting place or that creates a significant risk of physical harm to persons in the voting place, or that would otherwise convince a reasonable person to avoid traveling to or being in a voting place.
The Executive Director will receive public comment from Thursday, March 19, 2020, through Monday, April 20, 2020. Public comment may be made by the following methods:
A public hearing will be held as follows:
- To help prevent the spread of COVID-19, the State Board of Elections is providing notice of a change of procedure for the public hearing on the proposed amendment to rule 08 NCAC 01 .0106. The public hearing will still be conducted on the same date and at the same time as previously published in the North Carolina Register, but will be held by teleconference via GoToWebinar, instead of being held in person, as follows:
Date: Monday, April 20, 2020
Time: 1 p.m.
To register for the public hearing, please click the following link: https://attendee.gotowebinar.com/register/5050287110410780942.
After registering, you will receive a confirmation email containing information about joining the webinar. Please use the Panelist code provided in the confirmation email if you plan to make an oral comment during the public hearing. Please use the Attendee code if you wish to listen to the hearing but don’t plan to provide a comment.