As the state legislature worked to override vetoes and pass a mini-budget, North Carolina lawmakers also introduced a wide-ranging overhaul of the state’s election laws, presented in a proposed-committee substitute (PCS) version of House Bill 958. The changes were debated by the House Judiciary Committee last week.
The updated legislation comes ahead of the 2026 election cycle, and was presented to the committee same week that the leading candidates for North Carolina’s US Senate seat made their official announcements.
The bill includes changes to ballot-counting timelines, absentee-voting procedures, campaign-finance thresholds, and the authority of the State Board of Elections. It replaces an earlier version of the bill, expanding and clarifying key procedures.
window to count ballots
The updated version creates a standardized window for counting early and absentee ballots: between 9:00 a.m. and 5:00 p.m. on Election Day, at a location and time established by county election boards at least two weeks prior. Under the bill, election officials may begin counting ballots early in the day, but results still may not be revealed until polls close.
“HB958 would help make North Carolina elections more secure and better administered,” said Dr. Andy Jackson, director of the Center for Public Integrity at the John Locke Foundation. “The General Assembly passed a bill (Senate Bill 747) that included the provision requiring that early voting ballots be counted after polls closed on Election Day. The goal of that provision was to prevent early voting totals from leaking before polls closed, potentially affecting people’s votes.
Jackson added that “While that is a good goal, it made the release of election results data on election night in 2024 chaotic and proved to be burdensome for election officials. HB 958 will allow county election officials to count early ballots during the day on Election Day again, but with provisions to ensure the counting is secure and that members of the public can witness the procedure, but not the count itself.”
finalizing absentee and provisional ballots
The legislation also extends the deadline for finalizing absentee and provisional ballot tallies from the third to the fifth business day after an election. This shift gives county boards more time to verify eligibility and complete counts, particularly for ballots flagged with issues.
Under the PCS, voters who submit absentee ballots that are missing signatures or ID copies will have until noon on the fifth business day after the election to correct those issues. This change aligns absentee processing with other extended post-election deadlines.
Public transparency is emphasized throughout the bill. All counting processes must be conducted in public view, and bipartisan election officials are required to be present during all stages of the count. Observers are prohibited from interfering but must be allowed to witness proceedings.
bans ranked choice
Another provision in the bill bans ranked-choice voting in all North Carolina elections. The legislation defines ranked-choice as any method that allows voters to rank candidates in order of preference and prohibits its use in both partisan and nonpartisan races.
“Ranked-choice voting is confusing for voters, and the longer ballots would cause longer lines, especially in early voting. It is best that North Carolina avoid it,” said Jackson.
The bill also grants county election boards the ability to challenge ballots cast during early voting or by mail if an audit reveals potential ineligibility, such as a non-residency or death before Election Day. Challenged ballots must be reviewed and ruled upon before canvassing.
One specific provision ensures that ballots cast by voters who die before 6:30 a.m. on Election Day will not be counted, tightening an area of law that previously allowed more discretion.
ncsbe and private legal counsel
The PCS also expands the powers of the State Board of Elections. It allows the board to retain private legal counsel without approval from the Attorney General or General Assembly and designates up to five exempt staff positions outside of state HR rules.
“I expect that the State Board of Elections and county boards will still use attorneys from the Attorney General’s North Carolina Department of Justice in most cases,” said Jackson. “However, there may be situations where election officials believe that they would be better represented by attorneys of their choice, especially if they believe the Attorney General is sympathetic to those who are suing the board.”
On the voter registration front, the bill mandates that all new voter registration forms include the applicant’s full nine-digit Social Security number beginning Jan. 1, 2027. Until then, forms without full SSNs may still be accepted.
In campaign finance law, the reporting exemption threshold for candidates in local elections is raised from $1,000 to $3,000 for total contributions, loans, or expenditures. The bill also makes it a misdemeanor to pay petition circulators per signature collected.
Finally, the bill clarifies that a temporarily extended Class C driver’s license — such as those affected by state-level moratoriums — will be considered valid voter ID through Dec. 31, 2027.
setting a statewide standard
This more-prescriptive PCS version of House Bill 958 is aimed at ensuring uniform implementation across North Carolina’s 100 counties. By explicitly spelling out when, where, and how ballots can be counted, such as the 9 a.m.–5 p.m. window and deadlines for absentee and provisional ballot processing, the bill would limit the discretion of local officials and courts, potentially warding off post-election litigation, especially in close contests where ambiguous procedures are often challenged.
This push for procedural clarity also reflects a broader shift in election oversight following the recent realignment of the State Board of Elections under GOP control. After the legislature transferred appointment power from the Democratic governor to the Republican state auditor, the auditor moved swiftly, adding Republicans Francis X. De Luca and Bob Rucho to the board, flipping it to a majority Republican body. The new majority immediately replaced longtime director Karen Brinson Bell.
Lawmakers appear eager to lock in detailed standards — especially around ballot counting and audits — to align administrative practice with legislative intent and bolster public confidence in the process.
Most provisions would take effect Jan. 1, 2026, with a few phased in later. The bill could be considered when the state legislature comes back in August or September as outlined in last week’s adjournment resolution.
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Author: Donna King
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