North Carolina election officials are working to refine the process of same-day voter registration in response to recent court rulings and ongoing controversy. As Republican legislators seek to strengthen measures for invalidating ballots, critics argue that these efforts will only make it more challenging for voters to exercise their rights.
On Tuesday, lawyers representing state election officials unveiled amended rules regarding the verification of addresses for individuals who register to vote and cast their ballots on the same day. These changes were prompted by a court decision that determined individuals should have a formal mechanism to appeal being removed from the voter rolls if a single piece of mail sent by election officials is returned as undeliverable.
The State Board of Elections has shared an updated memorandum with county election offices outlining the procedures for conducting same-day registration. This document has also been submitted to federal court. North Carolina allows individuals to register and vote simultaneously during a 17-day period leading up to a primary or general election. In this particular year, with the primaries scheduled for March 5, the early voting period that includes same-day registration will commence on February 15.
In October, the Republican-controlled General Assembly passed a comprehensive voting law that included provisions instructing officials to discard the ballots of same-day registrants if a single mailed notice to their address goes undelivered. The previous law required counties to send two mailers and disqualify ballots only if both returned undeliverable. However, a previous lawsuit ruling discouraged local election boards from challenging such votes before the final count was conducted.
The 2023 law was met with opposition from the Democratic party and voter advocacy groups, who promptly filed a lawsuit to block its implementation. U.S. District Judge Thomas Schroeder recently ruled that discarding someone's ballot without notifying them of the issue and giving them an opportunity to verify their address is likely unconstitutional. Schroeder highlighted concerns related to potential delays with the U.S. Postal Service and data-entry errors by election officials, which may inadvertently disenfranchise registrants.
Judge Schroeder issued a preliminary injunction on January 21, stating that it would remain in effect until the due process concerns were adequately addressed. It remains to be seen whether the revised rules submitted by state officials will satisfy the judge's requirements.
Over 100,000 new registrants have utilized the same-day registration option in North Carolina during each of the past two presidential general elections. Notably, approximately 2,150 applicants failed the address verification process in the November 2020 election. Thus, even minor adjustments to the same-day registration rules could potentially impact the upcoming fall elections, which will include crucial races for president, governor, and other statewide positions.
The latest guidance provided by the state elections Executive Director, Karen Brinson Bell, emphasizes how counties should handle same-day registration cases. If an address verification card is returned as undeliverable no later than two days before a county's final ballot count, election workers must initially verify if the addresses on the card and the registration applications match. If there is a discrepancy, applicants should be contacted via mail, email, and phone to provide them with an opportunity to submit a new identification document or to appeal in person to the county elections board on the day of the final count.
As the debate surrounding voting rights and access to polls continues to unfold, North Carolina election officials are navigating the delicate balance between ensuring election integrity and safeguarding citizens' right to vote. The outcome of ongoing legal proceedings and the implementation of revised rules will undoubtedly shape the state's electoral landscape in the coming elections.
