Press release · September 22, 2020
Voter Protection Corps Calls on North Carolina Officials to Limit Rejected Ballots
After reports that North Carolina was rejecting Black voters’ mail ballots at higher rates, VPC called on state and local election officials to act immediately.
Washington, D.C. – The Voter Protection Corps today called on North Carolina state and local election officials to take immediate action to address the reported increase in the number of rejected ballots across the state, particularly the report that North Carolina is rejecting Black voters’ mail-in ballots more often than white voters’ ballots.
“The central tenet of American election administration is to honor the intent of the voter, rather than disqualify otherwise valid ballots with technical deficiencies,” said Voter Protection Corps Chair Quentin Palfrey . “Early reports of an increase in the number of rejected ballots are deeply concerning and should raise immediate red flags for state and local election officials. Now is the time to take immediate action to ensure everyone who is eligible to vote has the ability to do so without fear of their ballot being rejected.”
The North Carolina State Board of Elections issued a Numbered Memo in late August 2020 (“NCSBE Memo”) that provides guidance to county boards of election on Absentee Processes. The early reports of rejected ballots may necessitate further guidance from the state board as well as continued review and training by the county board of elections to their staff.
In line with the NCSBE Memo, Voter Protection Corps urges local election officials to take a few concrete steps to ensure they limit the number of rejected ballots.
First, when voter intent is clear, election officials should not reject ballots due to technical or minor flaws. For instance, county election officials must not reject a ballot for signature verification. As the NCSBE Memo states: “Absent clear evidence to the contrary, the county board shall presume that the voter’s signature is that of the voter, even if the signature is illegible. A voter may sign their signature or make their mark. The law does not require that the voter’s signature on the envelope be compared with the voter’s signature in their registration record.”
Second, election officials must notify voters of any deficiency with their mail-in ballot and, where possible, give them an opportunity to address and correct any such deficiency. Per the NCSBE Memo, the county board office must contact a voter in writing within one business day of identifying a deficiency to inform the voter there is an issue with their absentee ballot and to enclose appropriate information and instruction as to how the voter can address the deficiency. Voter Protection Corps urges the state to issue any additional necessary guidance on the cure process to counties as soon as possible so as to limit the number of rejected ballots.
Finally, per the NCSBE Memo, local officials must accept all ballots postmarked by Election Day and received by 5:00 p.m. three days after the election, November 6, 2020 . Voters whose ballots are not counted due to being late must be mailed a notice. The notice must state the reason for the deficiency and inform the voter that they may appear at the county canvass on November 13, 2020 to contest the status of their absentee ballot.
“Millions of Americans will be voting by mail for the first time in the 2020 election cycle, and state and local election officials need to act now to ensure that votes are properly counted,” said Palfrey .