Overview

In North Carolina there are three types of challenges:

  1. Voter Registration Challenges
  2. In-Person Ballot Challenges
  3. Absentee Ballot Challenges (of which there are two kinds of challenges: County Board Challenges and Voter Challenges)

While all three challenges have differences in either their initiation or review, there are many similarities and overlap in their adjudication, particularly with challenges heard by the County Board of Elections (which are Voter Registration Challenges and Absentee Ballot Challenges).

For all types of challenges not initiated by the County Board of Elections, the challenger must live in the same county as the voter being challenged. N.C. Gen. Stat. § 163-85(a); N.C. Gen. Stat. § 163-87; N.C. Gen. Stat. § 163-89(b).

Types of Challenges

Voter Registration Challenges

The deadline for filing a challenge of a voter’s registration status is 25 days before an election, unless the challenge is being filed with evidence that is not specific or individualized to the challenged voter in which case the deadline is 90 days before a federal election. “Voter Challenge Guide.”

In-Person Ballot Challenges

An in-person ballot challenge is one made at the polling site, either during Early Voting or on Election Day. N.C. Gen. Stat. § 163-87. The grounds for the challenge are the same as those for a registration challenge but can also include allegations that:

  1. The challenged voter has already voted in this election
  2. The challenged voter is a registered voter of a different party (for primary elections)
  3. The challenged voter did not present valid photo ID

N.C. Gen. Stat. § 163-87.

Absentee Ballot Challenges

Voter Challenges

An absentee ballot can be challenged either based on the registration status of the voter or based on a failure to follow legal procedures when the ballot was cast N.C. Gen. Stat. § 163-89(d). The challenge must be in writing, on a form provided by the State Board of Elections. N.C. Gen. Stat. § 163-89(c). The challenge must be signed by the voter and must specify the reason for the challenge. N.C. Gen. Stat. § 163-89(c).