RNC Challenges North Carolina State Board of Elections Unlawful Absentee Ballot Policy

The RNC, North Carolina GOP (NCGOP), and a North Carolina voter filed a lawsuit challenging the North Carolina State Board of Elections’ (NCSBE) policy that disregards election laws requiring absentee ballot security envelopes to be sealed in order for the ballot to count. This policy violates North Carolina state law and weakens absentee ballot safeguards. We therefore filed this lawsuit to require the NCSBE to comply with North Carolina election integrity laws.  

RNC Chairman Michael Whatley stated: "This decision by the NCSBE is inconsistent with state law and diminishes protections for absentee ballots. We have filed suit to uphold election integrity and ballot safeguards. State law lays out clear requirements, and the NCSBE must follow them — we will continue to fight for election integrity in the Old North State.”

NCGOP Chairman Jason Simmons stated: “State law is clear in this matter and it is unfortunate that Director Bell is acting beyond her authority. We will continue to enforce integrity in the elections process and adherence to statutory requirements.” 

Background:  

- The NCSBE issued revisions to Numbered Memo 2021-03, which implements various laws governing absentee ballots.

- The revised Numbered Memo states that absentee ballots do not need to be returned in sealed container-return envelopes in order to count. This policy directly conflicts with the statutes specifying absentee ballots must be returned in sealed container-return envelopes.

- On May 20, 2024, the RNC, NCGOP, and NRCC requested a Declaratory Ruling from the NCSBE on whether the instruction in Numbered Memo 2021-03 is contrary to state law.

- On July 29, 2024, the NCSBE voted to disagree with our position and to uphold the improper instruction in Numbered Memo 2021-03. The Board subsequently issued a written opinion on August 2, 2024.

- The RNC, NCGOP, and an individual voter are therefore challenging the NCSBE’s decision and asking the court to require the Board to comply with the law.? 

Read the complaint HERE.