Stein seeks delay of new NC election rules ahead of Thursday vote, days before absentee ballots go out

RALEIGH, N.C. (WNCN) — Gov. Josh Stein is asking for three new state election rules to be delayed pending review by the General Assembly, just days before they could take effect and absentee ballots start going out for the November midterm election.

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In a letter sent Wednesday to the Rules Review Commission, Stein formally objected to three rules recently approved by the State Board of Elections dealing with absentee ballots and voter ID exceptions.

Stein’s letter asks that the three rules be delayed and subjected to legislative review “to avoid their potentially damaging effects on our elections.”

The Rules Review Commission is scheduled to consider the rules Thursday. If approved and not subjected to legislative review, the rules would take effect Sept. 1, just three days before counties start mailing absentee ballots on Sept. 4.

“Implementing such changes so close to an election invites confusion and undermines faith in our democratic process,” Stein wrote in the letter.

One of the proposed rules changes how election officials handle problems with absentee ballots. Stein argues the changes would increase the chances that some legally cast ballots are rejected.

“Changing the rules for how elections staff process ballots so close to the election increases the risk of confusion or mistakes,” Stein wrote.

The other two rules deal with voter ID exceptions. That’s when voters fill out an ID exception form in lieu of an acceptable photo ID when casting their ballot. 

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One of the biggest changes is how county boards of elections would reject those exceptions.

Right now, it takes a unanimous vote to reject a voter’s photo ID exception form and toss the ballot. Under the proposed rule, a majority of the board could reject the exception instead. County election boards across North Carolina have a 3-2 Republican majority.

“Making the rejection of voters’ ballots a partisan decision will undermine voters’ trust that their ballots will be counted,” Stein wrote.

Stein’s objection letter alone won’t trigger a legislative review. According to the NC Office of Administrative Hearings, at least 10 qualifying letters of objection requesting legislative review must be submitted. Anyone can file a letter until 5 p.m. the day after the Rules Review Commission approves a rule.

The Rules Review Commission is scheduled to consider the proposed rules Thursday.

CBS 17 has reached out to the State Board of Elections for comment on Stein’s objection letter.

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