Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Saturday, May 11, 2024 | Back issues
Courthouse News Service Courthouse News Service

North Carolina lawmakers restrict mail-in ballots amid concerns voting will be ‘less fair and free’

The North Carolina Assembly has eliminated the 3-day grace period for mail-in ballots, requiring all ballots to be delivered before polling places close on Election Day.

RALEIGH, N.C. (CN) — The North Carolina Assembly has eliminated the 3-day grace period for mail-in ballots, requiring all ballots to be delivered before polling places close on election day. Democrat lawmakers have raised concerns that this will restrict the voting process and make it “less fair and free.” 

Protesters stood outside the Legislature this morning, shortly before the Republican-majority General Assembly overturned five vetoes by Democratic Governor Roy Cooper. 

One held up a sign, black marker on a piece of orange construction paper. “Is Oct. 10, 2023, the day Democracy dies in NC? It’s up to lawmakers to Speak Up!” it read. It would later be dropped from the public viewing gallery onto legislators in the state House of Representatives. 

Republicans hold a supermajority in both the North Carolina House and Senate, and have overturned 19 of Cooper’s vetoes during this session alone. 

Protesters and Democrat legislators were largely concerned about voter rights and disenfranchisement, as well as environmental restrictions being lifted in favor of a pipeline.  

“These bills will have an insidious consequence for millions of North Carolina elections. This election, in 2024, and many more to come,” said Joselle Torres, the communications manager of Democracy NC. 

“Our democracy is built on values of freedom, fairness, and choice, not political extremists who want control over our elections, limiting our freedom to vote and diminishing our voice.” 

Senate Bill 747 eliminated the three-day grace period for mail-in ballots, requiring that ballots be received before the polls close on Election Day. It also empowers observers to take photos in polling places, and bars the Board of Elections from accepting private donations or funding. The state Senate overturned the veto 30 to 19, and the House 72 to 44.

“This alteration would disenfranchise over 10,000 voters who may struggle to meet this new short deadline,” said state Senator Kandie Smith, who argued against overturning of the veto. “In a state where elections can be decided by a few hundred voters, this will matter.” 

“A robust and equitable democratic process is the heartbeat at the center of a just and thriving society. Our democracy serves as the cornerstone of our collected voice. It is the process that brings politics together. And it gives every citizen an equal opportunity in shaping the future of our state. The importance of a fair and free democratic process in North Carolina cannot be overstated. But today, I’m sorry to say, our voting process will become far less fair and free if Senate Bill 747 is enacted. 

Smith also described the bill as a “monster” and said that the provisions it includes “should not be taken lightly.”

Other lawmakers voiced concerns about the impact that the bill would have on people with disabilities, who rely on absentee ballots, and the dependance that this would place on the USPS to have a rapid turnaround. 

“We’re making the laws for the people not in the room, and we’re not thinking about the consequences,” said Representative Allison Dahle, who was concerned about voter intimidation at polls if observers are allowed to take photos of voters. “If we vote to override, we’re voting to enhance intimidation at the polls.” 

The next veto, SB 749, shifted power from the governor to the General Assembly regarding the State Board of Elections. The General Assembly assumed responsibility for appointing eight votes to make up the Board of Elections, rather than the five that were appointed by the governor. Appointees will be partisan, and positions are filled along party lines. The Senate voted 30 to 19, then the House overrode 72 to 44. 

A crowd protests the elimination of the 3-day grace period for mail-in ballots in North Carolina outside the state Assembly building.

“We feel strongly that America is at a tipping point between democracy and autocracy, that the Earth herself is at a tipping point towards destruction, and that the leadership of the General Assembly is pushing at that tipping point in the wrong direction, towards autocracy, towards environmental destruction and climate collapse,” said Karen Ziegler, a protester with Democracy Out Loud.

Protesters and Democrats raised concerns that this would cause partisan gridlocking at the state and county level, which could impact voter access. 

Senate Bill 512 removes power away from the governor and shifts it to the Legislature. It reallocated appointments to various boards, including the Board of Transportation, the Railroad Board of Directors, the Environmental Management Commission and the Utilities Commission.   

In his veto, Governor Cooper said that the bill violates the separation of powers illustrated in the state constitution, saying that “legislative efforts to seize executive power are unconstitutional and damage vital state work.”

The final two bills are environmental, with Senate Bill 678 allowing public utilities companies to increase their “clean” emissions by recategorizing nuclear energy as “clean” energy. House Bill 600 weakens water quality restrictions, which would expedite the Mountain Valley Pipeline Southgate Extension, a controversial 75-mile pipeline through the state.  

“These actions will be detrimental to water quality and community health in overburdened communities, while lining the pockets of corporate giants who benefit from such legislative negligence,” said Aminah Ghaffar, policy director of 7 Directions of Service, during the morning protest. 

“Is there no other remedy or compromise for water, which gives us all life? For our communities, protecting the health of our streams and rivers is a nonpartisan issue. Water consistently unites us because no one can live without water. There must be a more equitable solution.”

Follow @SKHaulenbeek
Categories / Government, Regional

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Loading...