WASHINGTON, DC - The RNC, North Carolina GOP, and NRCC filed a request for Declaratory Ruling with the North Carolina State Board of Elections (NCSBE) regarding its absentee ballot guidance and voter ID rules that we believe conflict with the law. In this Declaratory Ruling request, we are asking the NCSBE to conform its guidance and rules to North Carolina law to protect election integrity.

RNC Chairman Michael Whatley stated: “It is critical for elections officials to fully comply with state laws meant to ensure election integrity in North Carolina. The North Carolina State Board of Elections’ guidelines and rules, which we are challenging today, clearly conflict with state law and will undermine the integrity of North Carolina elections. The RNC and our partners are dedicated to ensuring fair and transparent elections, and we are taking this action to ensure that it will be easy to vote and hard to cheat in the Old North State.”

North Carolina GOP Chair Jason Simmons stated: “NCSBE Executive Director Karen Brinson Bell has repeatedly abused her authority to sidestep legislation passed by the General Assembly. She is manipulating the elections process and undermining common sense election integrity measures in order to fulfill a partisan narrative."

Background:

- This year, the NCSBE issued revisions to Numbered Memo 2021-03 which interpreted various laws governing absentee ballots, as well as passed several rules regarding Voter ID.

- The revised Numbered Memo states that absentee ballots do not need to be properly returned in container-return envelopes which are sealed in order to count. This directly conflicts with the statutes specifying they must be returned to county boards of elections in sealed container-return envelopes.

- A NCSBE rule, 8 NCAC § 17 .0101(a)(3), allows a voter to provide “any explanation or documentation” which could help an election official determine voter identification. The law has specific provisions and guidelines for verifying a voter’s identification, but it does not provide for “any explanation or documentation,” without limitation, to be used in this process.

- Correcting these inconsistencies is critical to ensure a transparent and secure election in North Carolina. The RNC, NCGOP, and NRCC will continue to pursue every legal avenue to rectify these inconsistencies.

Read the filing HERE.