NC Board of Elections discusses updating 2 photo ID rules

The North Carolina Board of Elections (NCSBE) is set to amend two rules on the photo identification requirements for in-person and absentee voting. On Tuesday, the NCSBE held an in-person public hearing.

The photo ID changes are among three sets of changes to proposed election rules in the state.  

The first amendment addresses 08 NCAC 17.0101, a change to photo verification for in-person voting. When voting in-person in North Carolina without a valid photo ID, the voter can vote by provisional ballot and complete an exception affidavit.

The county board counts the vote unless they come to a unanimous decision that the affidavit is false. The proposed amendment shifts the decision from a unanimous or super majority decision agreement to a simple majority vote.

County board of elections consist of five members who are registered voters in the county. This rule change allows for three members of the board to vote to accept an affidavit rather than every member agreeing.

The second proposed amendment addresses 08 NCAC 17.0109, verification of photo identification during absentee-by-mail ballots. Similar to the rule change for in-person voting, the amendment updates deadlines so they match statutory deadlines and changes how county boards decide whether to accept an absentee voter’s photo ID exception affidavit.

Just like the in-person rule change, a county board would decide whether to accept an absentee voter’s photo ID exception affidavit with a majority vote of the board.

The proposed amendments also update the review timeline to match state law to the Friday after Election Day. This is to comply with General Statutes 163-166.16(c) and 163.230.1(e1).

“While the state board is not specifically prohibited from setting different voting requirements, when the General Assembly wishes to require unanimity in election procedures, it will enact it into law,” Andy Jackson, director of the Civitas Center for Public Integrity at the John Locke Foundation, said during the public comment portion of the hearing. “The full context of the statute makes clear that the legislature did not intend for a unanimous vote to be required for county boards to find grounds to believe the affidavit [for not having an ID] is false.”

Some voters are concerned that moving from a unanimous vote to a majority vote would make it easier for some county boards to reject photo ID exceptions.

“Majority consent is a much lower bar than unanimous consent and could result in more ballots being discarded,” said Raleigh resident Ruth Strauss, who spoke during the public hearing.  

Those who wished for the rule to remain unchanged said that there is a risk of partisanship in county boards influencing what exceptions are accepted and which are not.

“The unanimity rule is essential to ensure the equal treatment of voters across the state of North Carolina and for building trust in our election systems and officials,” said Kate Fellman, executive director of You Can Vote.

The amendments remain under review, and the state board has not yet voted on whether to adopt them. After the public comment period closes, the NCSBE will decide whether to approve the amendments before sending them to the Rules Review Commission.

Public comment on photo ID rules is open until July 14.   

The full language of the proposed changes can be read below:

“NC Board of Elections discusses updating 2 photo ID rules” was originally published on www.carolinajournal.com.