SCSJ Urges NCSBE to Protect Voters from Baseless Photo ID Challenges

North Carolina law allows voters who cannot show photo ID at polling places to complete an explanation form and still vote. The State Board of Elections proposes changing the process so officials can more easily reject those forms and discard the ballots. Southern Coalition for Social Justice filed public comments opposing the change and urging rejection. Under current rules, county boards must vote unanimously to reject a voter’s explanation. The unanimity requirement is described as a safeguard for equal treatment across counties and protection against partisan gamesmanship. The comments argue there is no evidence the current rule has allowed fraudulent ballots, while there is evidence that removing unanimity would cause eligible voters to lose their voice. The comments also urge clarifying that boards may only assess whether explanations are true or false, and ensuring adequate notice before ballots are rejected.

"North Carolina law currently allows a voter who is unable to show a photo ID at the polls to fill out a form explaining why - such as it being lost or stolen or not yet obtained due to work, school, or family responsibilities, or illness - and still cast a ballot. The State Board of Elections is proposing a change to make it easier for officials to reject those forms and throw out the votes."

"Under current rules, a county board of elections must vote unanimously to reject a voter's explanation. The unanimity requirement has proven essential to ensuring equal treatment of voters across counties and protects the photo ID review process from real or perceived partisan gamesmanship. The proposed change would allow a simple majority - potentially along partisan lines - to reject these ballots instead."

""The unanimity requirement has repeatedly been the last line of defense between an eligible voter having their ballot counted and disenfranchisement," said Hilary Harris Klein, Senior Counsel for Voting Rights at SCSJ. "There is no evidence the current rule has allowed a single fraudulent ballot to be counted. There is significant evidence that removing it will cause eligible voters to lose their voice.""

"SCSJ is urging the State Board to retain the unanimity requirement, clarify that county boards may only consider whether a voter's explanation is true or false, not whether they agree with it, and ensure voters receive adequate notice before their ballots are rejected."

Read at SCSJ