North Carolina Absentee Voting Guidance Challenge

Lawsuit filed by the Republican National Committee, North Carolina Republican Party and a voter against the North Carolina State Board of Elections (NCSBE) and its members challenging the board’s guidance on counting absentee ballots that are not submitted in a sealed return envelope. The plaintiffs allege that under state law, an absentee ballot must be received by the proper county board of elections in a sealed return envelope in order to be counted. The NCSBE issued a memorandum instructing county boards of elections to accept absentee ballots even if they are not submitted in a sealed return envelope. The plaintiffs argue that the board does not have the authority to issue voting rules that contradict state law. They ask the court to strike down the memorandum and require the NCSBE to notify all county boards of elections that they can only accept absentee ballots submitted in sealed return envelopes.

STATUS: On Sept. 29, 2025, Republican plaintiffs and the North Carolina State Board of Elections reached a proposed agreement to resolve the lawsuit. Under the agreement, the Board will reconsider its directive instructing county election boards to accept absentee ballots submitted without a sealed return envelope, and the lawsuit would be dismissed without prejudice. Both sides acknowledged that the Board’s reconsideration could lead to a different interpretation of the statutes governing absentee ballot submissions, though the Board would not be obligated to change its original position.

Last updated: September 30, 2025 9:00 am EST