Wednesday, November 29, 2023

Public Comment Period on Temporary Election Observer Rules

The State Board of Elections invites the public to comment on three proposed temporary rules about election observers.
Raleigh, NC
Nov 29, 2023

The State Board of Elections invites the public to comment on three proposed temporary rules: two governing challenges and appeals regarding political party-appointed election observers, and one addressing the requirement for observers to wear identification at the polls, so voters and election officials are aware of the observer’s role in the voting site.

These rules are necessary to carry out a new state law on election observers, Session Law 2023-140 (S.B. 747), section 7(b). Temporary rulemaking procedures are required to ensure the rules are in place before voting begins for the March 2024 primary election.

The public comment period opens Wednesday, Nov. 29, 2023, and closes on Dec. 20, 2023.

Members of the public may comment on the rules in any of the following ways through Dec. 20.

Information and links to the three proposed temporary rules are below:

  1. Challenge to the Appointment of an Observer (08 NCAC 20 .0101) describes the process for county boards of elections to hear challenges to an observer for good cause, and for appeals of those challenge decisions.
  2. Appeal of Removal of an Observer from a Voting Site (08 NCAC 20 .0102) describes the process for the party that appointed an observer to appeal the removal of an observer from a voting site.
  3. Identification of Observers (08 NCAC 20 .0103) requires every observer serving at a voting site to wear an identification tag to inform voters and election officials of the observers’ role in the voting place.

Submitted comments will be compiled and provided to the State Board before its final consideration of the proposed temporary rules, which will take place at a public meeting after the end of the comment period. The Rules Review Commission would then consider the proposed rules.

For more information about the rulemaking process, please visit Rulemaking.

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