Tuesday, August 2, 2022

State Board Extends Public Comment Period for Two Proposed Rules

Raleigh, NC
Aug 2, 2022

The State Board of Elections has extended the public comment period for two proposed rules related to tasks and duties of precinct officials at polling places and the appointment process and conduct of election observers.

Written comments will be accepted through 5 p.m. Friday, August 12, 2022. A second virtual public hearing will be held at 10 a.m. Thursday, August 11. How to join:

The first public hearing was held on Thursday, July 28. Download the remote public hearing video (MP4).

When the initial public comment period was announced, a small group of individuals who had requested notice of rulemaking may not have received the announcement. To ensure that all interested persons can participate in the comment period, the State Board voted to extend the comment period, schedule an additional public hearing, and resend the announcement.

Information on the two proposed temporary rules and how to submit comments are available below.

After the public comment periods, the State Board will consider the comments and approve final versions of the rules to submit to the NC Rules Review Commission. 

The proposed changes would be made by temporary rule rather than permanent rule so the rules can be in effect for the November 2022 general election. The need for these rules became apparent after experiences in the May primary election and feedback from county elections officials, and there is insufficient time remaining before the general election to follow the lengthier permanent rulemaking procedures. Temporary rules generally expire 270 days after they are published in the North Carolina Register. The permanent rulemaking process would need to be undertaken next year to keep the rules in the Administrative Code for future years. 

Amendment to 08 NCAC 10B .0101 Tasks and Duties of Precinct Officials at Voting Places 

Amendment text: Proposed Amended 08 NCAC 10B .0101.pdf (PDF)

Brief description: This amendment would add a list of prohibited conduct by precinct officials, such as tampering with voting equipment, making statements about personal political views while on duty, failing to abide by elections laws, rules, and policies applicable to precinct officials, and illegally discriminating against voters. This would also apply to one-stop early voting workers.

How to submit a written comment:

Amendment to r08 NCAC 20.0101 Election Observers

Amendment text: Proposed Amended 08 NCAC 20 .0101.pdf (PDF)

Brief description: This amendment proposes clarifications to the appointment process for precinct-specific observers, one-stop observers, and at-large observers. It would also prohibit observers from using staff-only doors, distributing or posting written materials inside the voting site, or causing a disruption by repeatedly coming and going from the area designated for observers by the county board of elections.

How to submit a written comment:

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