North Carolina voters seek to stop mail-in ballot changes before midterms

Over 30,000 absentee ballots have already been cast in the state, which is preparing to begin early voting.WINSTON-SALEM, N.C. (CN) — Several organizations fought Wednesday to convince a federal judge to halt the implementation of new absentee ballot restrictions in swing state North Carolina.North Carolina Alliance for Retired Americans, North Carolina Asian Americans Together, Down Home North Carolina and two absentee voters filed suit in September, challenging the state’s last-minute change to mail-in ballots.The state now requires local election officials to verify signatures and disqualify otherwise valid ballots that are not sealed in an inner envelope.North Carolina’s state board of elections approved new changes to absentee ballot acceptance on Sept. 4, just hours before the state became the first to mail out ballots for the midterm elections.Prior to the changes, a ballot in an unsealed inner envelope — or mailed in an envelope without the application envelope inside — would be counted. The state, which has required voters to show ID to vote since 2023, also requires mail-in voters to fill out their ballot in front of two witnesses and include a copy of their photo ID.In court Wednesday, Jacob Shelly, counsel for the plaintiffs, told U.S. District Judge Thomas Schroeder that intervention is necessary to prevent otherwise valid ballots from being disqualified.Most voters with spoiled ballots don’t recast them, Shelly said. Voters who sign their ballots with a nickname, their initials or their maiden name could be at risk of having their ballots tossed without getting an opportunity to rectify the error, he added.“Are they denied the right to vote or are they denied their ballot, but still have a right to vote?” the George W. Bush appointee questioned, adding that if the absentee voters vote early enough, they’ll be notified by the counties that their ballot won’t count.Signature review is prone to error, Shelly noted, pointing out that the state already has photo ID and witness requirements for absentee ballots.“The burden is substantial here because it results in the voters’ ballots not being counted,” he said.“What is the fundamental purpose of the signature?” Schroeder challenged, asking what would happen if a voter signed Mickey Mouse instead of their name.There are no standards for local election boards to determine “if Mickey Mouse is Matthew Mouse,” Shelly said.Representing the state board of elections, Phil Strach said the plaintiffs should have sued earlier and warned an injunction could cause confusion for local election boards and voters since ballot counting has already begun. Over 30,000 absentee ballots have already been cast in the state, which begins early voting Thursday.Strach explained that the state’s election board adopted the changes to protect the integrity and secrecy of the ballot, which is why it doesn’t allow ballots in an unsealed inner envelope to be cured. The signature on the inner envelope isn’t intended to identify the voter, but confirms they filled out their ballot, he added.County election boards are instructed to presume that the signature is the voter’s unless there is clear evidence to the contrary, the state board of elections said in its brief — even if the signature is illegible, negating concerns about nicknames and bad handwriting.The plaintiffs have argued that the state previously banned signature matching in election administration, but now is requiring signature verification without giving county election boards clear guidance on implementing it.Spoiled ballots with the issues the plaintiffs are disputing have been separated out, Shelly said, so if the court issues an injunction, it will be possible for county election boards to identify affected ballots.Schroeder seemed apprehensive that the time to act hadn’t already passed. “We’re in the midst of election season,” he said, adding that he planned to rule as soon as possible.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads