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State Board of Elections Voted Feb. 28 to Adopt or Amend Permanent Rules; Public Comment on Changes Can Be Made Through Jun. 1

Pursuant to G.S. § 150B-21.1, notice is hereby given that the State Board of Elections intends to adopt or amend the following permanent rules:

  • 08 NCAC 01 .0107
  • 08 NCAC 09 .0106 – .0109
  • 08 NCAC 20 .0101
  • 08 NCAC 21 .0102 – .0104, .0107, .0202, .0203, .0401, .0501

The full text is attached to this notice and is also available here.

The State Board of Elections voted in an open meeting on February 23, 2021, to publish the proposed text in the North Carolina Register, and the agency invites public comment on this matter from Monday, March 1, 2021, through Tuesday, June 1, 2021.  Public comment may be made through any of the following methods:

Online:            Public Comment Portal

Email:             rules@ncsbe.gov  

Mail:               Attn: Rulemaking Coordinator, P.O. Box 27255, Raleigh, NC 27611-7255


A public hearing will be held as follows:

Date:               Thursday, May 6, 2021

Time:              1 p.m.

Location:        https://bit.ly/2PqPEwz

After registering, you will receive a confirmation email containing information about joining the webinar. Please use the Panelist code provided in the confirmation email if you plan to make an oral comment during the public hearing. Please use the Attendee code if you wish to listen to the hearing but don’t plan to provide a comment.

This notice is posted on the State Board of Elections website, https://www.ncsbe.gov/about-elections/legal-resources/rulemaking.

Summary of the Proposed Text:

08 NCAC 01 .0107: Proposed amendment would clarify when a political party expires and the timeline for changing the registration of voters affiliated with expired political parties.

08 NCAC Chapter 09: Proposed amendments would remove references to direct record electronic voting machines (DREs), clarify the conduct of recounts, and detail how the county board of elections makes determinations of voter intent in hand-to-eye recounts.

08 NCAC 20 .0101: Proposed amendment would clarify the number of precinct-specific observers permitted and how the lists of observers are to be submitted.

08 NCAC 21 .0102 – .0104: Proposed amendments would clarify who may sign disclosure reports.

08 NCAC 21 .0107: Proposed rule would permit the use of electronic signatures in future campaign finance software.

08 NCAC 21 .0202: Proposed rule would outline the process for closing a candidate or political committee once it ends operations and disposes of its assets. The rule would also clarify limits on when a committee may close. 

08 NCAC 21 .0203: Proposed rule would require and set a deadline for a committee to file a new certification of threshold at the beginning of a new election cycle if the committee intends to remain under threshold pursuant to G.S. 163-278.10A.

08 NCAC 21 .0401: Proposed rule would clarify communications with State Board staff and opportunities for feedback from the committee during the audit process.

08 NCAC 21 .0501: Proposed rule relates to disclosure legends on print media advertisements and defines a “billboard” as any sign, flat surface, or display larger than 2,160 square inches (15 square feet). The proposed rule would only apply to campaigns for state candidates, would not affect any advertisement supporting a candidate for president or Congress, and would only apply to advertising campaigns of a certain dollar value. Homemade signs or flags bought or made for less than $1,000 – even if they meet the definition of a billboard – would not require a disclosure legend and will not be subject to any penalty. An individual who unintentionally violates the law will not face criminal penalties.