A coalition of voting groups and two North Carolina voters has asked a federal judge to block newly revised absentee-ballot procedures before the Nov. 3 general election, arguing that the changes could cause eligible voters’ ballots to be rejected for technical mistakes. The complaint filed Sept. 22 in the U.S. District Court for the Middle District of North Carolina names the State Board of Elections, its executive director and members, and the Durham and Guilford county election boards as defendants.
The plaintiffs — the North Carolina Alliance for Retired Americans, North Carolina Asian Americans Together, Down Home North Carolina and voters Vaeme Afokpa and Raquel Nelson — challenge two parts of guidance the state board approved Sept. 4. They say the new approach violates the First and Fourteenth Amendments and the federal Civil Rights Act’s materiality provision. The case is an allegation, not a ruling; the plaintiffs seek declaratory and injunctive relief that would stop the policies for the 2026 election and later contests.
One dispute concerns ballot packaging. The state board’s updated Numbered Memo 2021-03 directs county officials to spoil and reissue a ballot when it arrives inside an unsealed container-return envelope, even if that envelope is enclosed in a sealed outer return envelope. The memo requires staff to document the issue and notify the voter within one business day. The lawsuit argues that replacement, rather than a cure using supplemental paperwork or an attestation, may come too late for some voters.
The second dispute involves signatures. The memo tells county staff to review whether the signature on the absentee application is the name of the voter assigned to the application number, while presuming the signature belongs to the voter absent clear evidence otherwise. The plaintiffs contend that the policy removes an earlier prohibition on comparing signatures and leaves counties without uniform standards. The board’s memo says its procedures are intended to ensure eligible votes are counted under the same standards statewide.
The guidance sits within a statutory system that requires an absentee voter to return a sealed container-return envelope, complete the application and provide required identification documentation. The board cites Session Law 2026-60, which revised parts of the state’s absentee and photo-identification rules, as part of its authority for the current procedures.
The timing gives the litigation practical urgency. The complaint says more than 81,000 voters had requested absentee ballots when it was filed, and ballots began going out Sept. 4. North Carolina’s official absentee portal says requests are due by 5 p.m. on the second Tuesday before Election Day. A Sept. 23 report from Bloomberg Law confirms that the challengers are targeting the envelope-sealing and signature-verification provisions. The court’s response will determine whether county boards use the revised procedures as mailed ballots continue to arrive.
