Each county board of elections holds a public meeting prior to each election to discuss its county early voting plan. The county board members have the legal authority to create and adopt a plan for the county, and the county elections director will often serve as a resource for the county board in the development of its early voting plan. The State Board does not provide direct input to counties on what sites, days, or times should be in their early voting plans during the county planning stage, but State Board staff may provide general guidance on legal requirements or historical data to assist the county boards. 

If the appointed members of a county board unanimously approve a plan, then it goes to the State Board for a final review to ensure it complies with all laws governing early voting plans. If a county board does not unanimously approve a plan, then a member or members of that county board of elections may petition the State Board to adopt a plan for the county.  The State Board will then adopt a plan for that county at a public meeting, typically at the State Board office, and when doing so may choose from plans presented or come up with its own plan for the county. 

Proposed plans must meet the dates, times, and locations requirements in N.C.G.S. §§ 163-166.35 and -166.40. The minimum that a county board may choose to offer is early voting only at the board office (or at a nearby “in lieu of” site) during regular business hours on weekdays and from 8 a.m. to 3 p.m. on the final Saturday of the early voting period. 

The county board may choose to have more opportunities for early voting by opening additional sites or being open for longer hours or on additional weekend days during the early voting period. If it does, then generally those sites must all be open at the same times throughout the early voting period. During the week, that means being open from 8 a.m. to 7:30 p.m.  On weekends, that means being open for the same hours. A plan as a whole should not disproportionately favor any party, racial or ethnic group, or candidate.

The State Board may also consider other factors that relate to a specific county, and there are certain requirements for using a building other than the county board office or using private facilities as voting sites. Also, federal law requires voting sites to be accessible for voters with disabilities.

Under the N.C. Open Meetings Law, all official meetings of public bodies must be open to the public, except for closed sessions, which may be held for purposes detailed in the law. County boards should publicly notice their meetings and provide an agenda that is sufficiently worded to allow the public to understand what will be considered at the meeting.

Meeting notices should be sent to the board’s “Sunshine List” (members of the media and public who have requested to receive notices), and posted on the board’s website and on the county board’s principal bulletin board or door of the meeting room. The goal is to ensure that individuals who wish to attend board meetings are made aware of upcoming meetings and agenda items to be considered.

County board meetings will vary in format depending on the county, but the meeting where a county board of elections will be developing its early voting plan is best viewed as a working meeting, where the potential sites, dates, and times that will make up the early voting plans under consideration are discussed and voted on by all board members. Before an early voting planning meeting, there may not be a formulized plan to provide to the public in advance, because the meeting’s purpose is to develop an early voting plan. A county should still make every effort to make available to the public before the meeting any copies of materials that will be presented to the county board members during the meeting, such as a list of potential early voting sites or historical early voting plans for the county. These materials could be posted on the county board’s website or copies made available at the meeting.

 The county board should describe any proposed plan(s) in detail as they are being discussed so attendees can understand what board members are debating and voting on. Written plans and materials – whether proposed or final – are public records and should be provided as promptly as possible upon request.

No. There is no law requiring county boards of elections to receive public comments about early voting plans or any other topic under consideration by the board. As a courtesy, county boards may allow public comments at a meeting or permit interested individuals to submit written comments in advance for consideration by the board. If a county board decides to allow public comments, it should try to ensure everyone has an opportunity to comment but may put time limits on individual speakers or the comment period as a whole. 

No. Under the Open Meetings Law, public bodies must keep full and accurate minutes of all official meetings. The minutes may be in written form or sound or video recordings. Many county boards allow remote access to and/or record their meetings, but it is not required under state law.

Even though a county board does not have to livestream its meeting, any radio or television station is entitled under state law to broadcast all or any part of the meeting, and any person may photograph, film, record, or otherwise reproduce any part of the meeting, so long as it does not interfere with the meeting.