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State Board Opens Public Comment Period on Temporary Election Observer Rules


Press Release


The State Board of Elections invites the public to comment on three proposed temporary rules: two governing challenges and appeals regarding political party-appointed election observers, and one addressing the requirement for observers to wear identification at the polls, so voters and election officials are aware of the observer’s role in the voting site. These rules are necessary to carry out a new state law on election observers, Session Law 2023-140 (S.B. 747), section 7(b). Temporary rulemaking procedures are required to ensure the rules are in place before voting begins for the March 2024 primary election. The public comment period opens Wednesday, November 29, 2023, and closes on December 20, 2023.

Members of the public may comment on the rules in any of the following ways through December 20.

  • Online: Public Comment Portal: Temporary Election Observer Rules

  • Email: rulemaking.sboe@ncsbe.gov

  • Mail: Attn: Rulemaking Coordinator, PO Box 27255, Raleigh, NC 27611-7255

  • In-person: An in-person public hearing will be held at 11 a.m. December 14, 2023, in the State Board of Elections Office on the Third Floor of the Dobbs Building at 430 N. Salisbury St., Raleigh, NC 27603.

Information and links to the three proposed temporary rules are below: Challenge to the Appointment of an Observer (08 NCAC 20 .0101) describes the process for county boards of elections to hear challenges to an observer for good cause, and for appeals of those challenge decisions.

Appeal of Removal of an Observer from a Voting Site (08 NCAC 20 .0102) describes the process for the party that appointed an observer to appeal the removal of an observer from a voting site.

Identification of Observers (08 NCAC 20 .0103) requires every observer serving at a voting site to wear an identification tag to inform voters and election officials of the observers’ role in the voting place.

Submitted comments will be compiled and provided to the State Board before its final consideration of the proposed temporary rules, which will take place at a public meeting after the end of the comment period. The Rules Review Commission would then consider the proposed rules.

For more information about the rulemaking process, please visit Rulemaking.

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