Federal lawsuit targets NC absentee-ballot policies

What the lawsuit challenges

Several voting-rights organizations and voters filed a federal lawsuit Sept. 22 against the North Carolina State Board of Elections and the Durham and Guilford county election boards. The plaintiffs are the NC Alliance for Retired Americans, North Carolina Asian Americans Together, Down Home North Carolina and several individual voters.

The complaint challenges absentee-ballot policies that the plaintiffs say the State Board adopted Sept. 4. One policy requires counties to reject a ballot when its inner envelope is unsealed, even if the outer envelope is sealed and the required materials are included.

The plaintiffs also object to changes involving signatures. They argue that the State Board has not established clear standards for county officials reviewing signatures and has removed an earlier prohibition on comparing a voter’s signature with other signatures on file. The lawsuit says that could lead counties to treat voters differently.

What the plaintiffs want

The lawsuit asks the federal court to stop enforcement of the challenged policies during the November 2026 election and in future elections. It claims the policies violate the U.S. Constitution and the Materiality Provision of the Civil Rights Act of 1964.

The plaintiffs also argue that voters may not have enough time to correct a rejected ballot. Depending on when they receive notice, affected voters might be unable to submit a replacement absentee ballot or vote in person before voting ends.

More than 81,000 North Carolina voters had requested absentee ballots when the complaint was filed, according to the lawsuit. The court’s handling of the request to block the policies will determine whether the challenged requirements remain in place for the November election.