Action Item: Non-Citizen Voter Rules Public Comments

Proposed State Board of Election rules would implement a memorandum of agreement with the U.S. Department of Homeland Security that would provide DHS access to all North Carolina voter registrations. The ostensible purpose is to remove non-citizens from voter rolls. The potential outcome is that legitimate voters could be denied their right to vote.

Read more here. Public comments are invited on these rules through

March 16 and a public hearing will be held on February 2.

What is this all about?

The new rules would give DHS access to our Board of Elections voter rolls so they

could find people who have registered to vote but are not entitled to (immigrants,

primarily). The problems are that anyone could be challenged to prove their citizenship (by anyone else). The challenged person would have to attend a hearing and provide proof of citizenship.

Voters’ rights advocates fear these new rules would unfairly restrict US citizens from voting.

Read the proposed rules here:

• 08 NCAC 23 .0101: Definitions

• 08 NCAC 23 .0102: Entry of Challenge

• 08 NCAC 23 .0103: Preliminary Challenge

• 08 NCAC 23 .0104: Challenge Hearing

What can you do?

Share your comments in any of the following ways through March 16, 2026:

• Online: Public Comment Portal: 2026 List Maintenance Rules Review

• Email: rulemaking.sboe@ncsbe.gov (Note: Commenter should identify the

• specific rule being commented on.)

• Mail: Attn: Rulemaking Coordinator, P.O. Box 27255, Raleigh, NC 27611-7255 (Note: Commenter should identify the specific rule being commented on.)

• Public hearing: An in-person public hearing on the proposed rules will be held on February 2, 2026, at 10 a.m in the State Board of Elections Office, Third Floor, Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603.

What should you say?

The 2026 List Maintenance Rules are just another attempt to suppress voters’ rights. They will allow anyone to challenge the citizenship of another. They will place an undue burden on those called to prove their citizenship. Data shows that very, very few people in our state have registered to vote while unqualified to do so. And even fewer have attempted to vote. These rules are unnecessary and unjust.

What others are saying

Read more from The Carolina Journal.