North Carolina approves last-minute mail-in voting rules as 2026 midterm ballots are sent out

RALEIGH, N.C. (WBTV) - The North Carolina State Board of Elections this month approved new restrictions for mail-in voting hours before county officials began sending out ballots for the 2026 midterm elections. The new rules, outlined in a set of legally binding memos, were passed by a majority Republican State Board on Friday, Sept. 4. The changes require local election officials to disqualify mail-in ballots with unsealed envelopes, and limit who can submit ballots on behalf of a voter. The new rules could lead to more votes being thrown out for this year's midterm elections on Nov. 3. Related: Federal judge extends block on Trump executive order seeking to limit mail voting in the midterms Under one memo, county election officials in North Carolina must disqualify any mail-in ballot returned in an unsealed envelope. For example, if an the outer envelope is sealed but an inner envelope is mistakenly unsealed, the vote will not count. Prior to these changes, an unsealed envelope would count as a 'non-material' error and the vote would still be counted. It was not immediately clear how many mail-in ballots had these 'non-material' errors in previous elections. The second memo passed this month restricts who can to submit a ballot on behalf of a voter, limiting it to strictly close relatives or legal guardians. Gov. Josh Stein responded to the restrictions Friday, posting on X, 'The State Board's decision is a slap in the face to voters who stood up to these changes and a blatant circumvention of the law. 'North Carolina voters deserve transparency in their elections, not last-minute workarounds that could keep their vote from counting,' Stein wrote. The North Carolina State Board of Elections voted 3-2 along party lines (three Republicans, two Democrats) to pass the two numbered memos, following ongoing federal litigation to restrict mail-in voting. In March 2026, President Donald Trump signed an executive order aimed at tightening the rules for mail-in voting -- a voting system that he claims is 'inherently corrupt' and fraudulent. There has been no evidence of widespread fraud related to mail-in voting in the U.S. Under Trump's order, states are required to obtain federal approval for their envelope designs, and submit lists of eligible mail-in voters to an online portal that is reportedly untested. If states don't meet those requirements, the U.S. Postal Service could refuse to deliver mail-in ballots. Trump's order has not yet taken effect, however, because it has been tied up in a monthslong legal battle. Last week, a federal district court judge blocked the U.S. Postal Service from enforcing the restrictions listed in Trump's order. The court ruled that the restrictions would 'inevitably' lead to voter disenfranchisement. The Department of Justice, on behalf of the Trump administration, has since petitioned the Supreme Court to lift the lower court's injunction, and allow the order to take effect. The legal battle continued to intensify just as North Carolina became the first state in the nation to mail out absentee ballots, marking the official start of the 2026 midterm elections. The state began sending mail-in ballots on Sept. 4. The North Carolina State Board of Elections voluntarily submitted its envelope design to the Postal Service for review, executive director Sam Hayes said on Sept 3. While the state board's submission aligns with the administration's goals, the state continues to challenge the constitutionality of the federal restrictions in court. North Carolina is among dozens of states and voting rights groups suing over Trump's executive order. Previous coverage: North Carolina sends out first mail-in ballots amid Trump's move to restrict them Despite the political friction, North Carolina election officials said absentee ballots or mail-in ballots were made available to military and overseas voters starting Friday, Sept. 4. Any registered voter in North Carolina can request, receive, and vote an absentee ballot for the 2026 midterm election. Voters can request a ballot online through the North Carolina Absentee Ballot Portal, or by submitting a paper request form to their county board of elections. The deadline to request an absentee ballot is Oct. 20, 2026, two weeks before Election Day on Nov. 3. Only 5% of North Carolina voters used mail-in ballots in the 2024 general election, according to the North Carolina State Board of elections. Read: House votes to censure US Rep. Chuck Edwards over allegations of sexual misconduct, harassment