State of North Carolina

North Carolina Absentee Voting Guidance Challenge

Wassenberg v. North Carolina State Board of Elections

Lawsuit filed by the Republican National Committee, North Carolina Republican Party and a voter against the North Carolina State Board of Elections (NCSBE) and its members challenging the board’s guidance on counting absentee ballots that are not submitted in a sealed return envelope. The plaintiffs allege that under state law, an absentee ballot must be received by the proper county board of elections in a sealed return envelope in order to be counted. The NCSBE issued a memorandum instructing county boards of elections to accept absentee ballots even if they are not submitted in a sealed return envelope. The plaintiffs argue that the board does not have the authority to issue voting rules that contradict state law. They ask the court to strike down the memorandum and require the NCSBE to notify all county boards of elections that they can only accept absentee ballots submitted in sealed return envelopes.

STATUS: The plaintiffs filed their lawsuit on Sept. 3, 2024. On Oct. 9, the case moved to federal court, where litigation is ongoing.

Case Documents (Federal Court)

Case Documents (State Court)

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