NORTH CAROLINA — The North Carolina Senate passed the legislation the week prior to the House vote. According to Carolina Public Press, the bill was passed by the North Carolina House on August 4, 2026, and is now on the desk of the governor, who holds the power to sign it into law or reject it.

Under the proposed changes, county residents would be allowed to challenge early voters' ballots up to three business days after an election. This represents a shift from current procedures, where early vote challenges in North Carolina must be filed on the day the ballot is cast. Presently, precinct officials decide these challenges on the same day they are filed, and only absentee ballot challenges go to the county board.

The bill would also alter the threshold for invalidating votes. County election boards could vote to invalidate challenged votes with a simple majority of members. This procedural change occurs in a political landscape where county election boards in North Carolina are controlled by Republicans.

Beyond challenge procedures, the legislation includes several other provisions affecting election administration. The bill would reduce primary early voting in North Carolina by one week. The bill would allow county residents to challenge early votes up to three days after elections. The bill now goes to Democratic Gov. Josh Stein. The bill would require a process for the state to remove voters whose registrations are flagged as potentially ineligible in federal databases. Additionally, the bill would give the state auditor new powers to audit election results.

State Rep. Phil Rubin, a Democrat, supported the measure as a necessary step for maintaining accurate voter rolls. "If somebody’s not eligible to vote, they shouldn’t remain registered to vote," said state Rep. Phil Rubin.

Governor Stein opposed the legislation, citing concerns about partisan influence over election outcomes. "What I’m worried about is Jefferson Griffin’s lawsuit run wild," Stein said. His reference points to events following the 2024 election, when Jefferson Griffin, a Republican candidate for the North Carolina state Supreme Court, challenged 60,000 votes after narrowly losing to incumbent Justice Allison Riggs. The legal battle between Griffin and Riggs stretched on for six months after the 2024 election.

Stein also expressed concern regarding the expanded authority granted to the state auditor. "The idea of having an auditor audit county boards of elections sounds innocuous, but it allows the auditor to pick and choose which boards he audits, and it has to be seen in light of what the auditor has done to politicize the administration of elections in North Carolina," Stein said. The state auditor is Dave Boliek, a Republican. State legislators previously stripped the governor of his appointment power for county election boards and gave it to Boliek.

In June, it was reported that Auditor Dave Boliek and his office were working to shape counties’ early voting plans. Critics argue there is no statutory authority for the auditor’s office to influence county election administration in North Carolina.

The legislation alters fundamental aspects of how votes are challenged and counted in North Carolina. By extending the window for challenges and lowering the threshold for invalidation, the bill shifts authority from precinct officials to county boards. With around 5% of voters casting a ballot by mail in North Carolina in 2024, changes to challenge procedures could impact a segment of the electorate that relies on absentee voting.

Why It Matters

The legislation shifts authority over early vote challenges from precinct officials to county boards, which are currently controlled by Republicans. By extending the challenge window and lowering the threshold for invalidation to a simple majority, the bill could affect the roughly 5% of voters who cast ballots by mail. These procedural changes follow a six-month legal battle over 60,000 votes in the 2024 state Supreme Court election and expand the audit powers of State Auditor Dave Boliek.