Hundreds of Mecklenburg County mail-in ballots were rejected in the first week of early voting because voters didn't properly seal an inner envelope inside another envelope.
Mecklenburg County Elections Director Michael Dickerson told WFAE that as of Wednesday, 259 ballots had been rejected for that reason. Of those, just 60 voters had successfully cast replacement ballots or voted early in person.
New guidance approved by the Republican-controlled State Board of Elections last month is driving the rejections. The rule requires voters to seal an inner envelope containing their ballot before placing it inside a larger envelope, which must also be sealed and mailed to election officials.
If the inner envelope is unsealed, election officials must reject the ballot. Voters must then cast a new ballot for their votes to count.
Previously, election officials could accept ballots with unsealed inner envelopes, as long as the outer mailing envelope was properly sealed.
The State Board issued the guidance to county election officials on Sept. 4, the same day absentee ballots began going out to voters.
Ballot rejections rise across North Carolina
State Board of Elections spokesperson Jason Tyson told WFAE the new sealing requirement is intended to provide an additional layer of security against possible ballot tampering.
"It's a matter of securing and making sure the voter's intention is clear," Tyson said.
Asked how someone could tamper with a ballot that arrived in a sealed outer envelope, Tyson did not provide a specific example. In a follow-up email, he said someone other than the voter could theoretically open the outer envelope, alter the ballot inside an unsealed inner envelope, and then reseal the outer envelope.
The new requirement comes amid an increase in absentee ballot rejections across North Carolina — though it's unclear how much of that increase can be attributed to unsealed inner envelopes.
Statewide, roughly 3.1% of absentee ballots have been rejected so far this election, compared with 2.6% at the same point during the midterms in 2022, according to the State Board of Elections. Those figures include ballots rejected for reasons other than unsealed envelopes.
When an absentee ballot is rejected, local election officials say they attempt to contact the voter by phone and email, and immediately send a replacement ballot to the voter's address.
But voting rights groups are concerned some voters may still not realize their ballots have been rejected, or may be unable to vote again before Election Day.
Another new rule in this election requires North Carolina absentee voters to return completed ballots to county election offices by 7:30 p.m. on Election Day. Previously, ballots postmarked by Election Day could arrive up to three days later and still be counted.
'A solution in search of a problem'
Brooks Fuller, policy director for Common Cause North Carolina, criticized the new inner envelope-sealing rule a "solution in search of a problem."
"No one can point to real, credible evidence that failure to seal that inner envelope is anything other than a harmless oversight on behalf of the voter," Fuller said.
Several voting rights organizations and voters sued the State Board of Elections last month, arguing the new requirement could disenfranchise eligible voters.
But on Monday, U.S. District Judge Thomas Schroeder declined to temporarily block the changes, saying it would be impractical to change the rules after voting had already begun.
Democratic Gov. Josh Stein also criticized the changes, urging North Carolinians to vote in person if possible.
"It's infuriating," Stein wrote in a social media post Tuesday. "North Carolinians, please make a plan to vote this year, in person if possible. And if you're voting by mail, make sure you seal both envelopes on your ballot."
