Gov. Stein encourages in-person voting, citing 'rejection rate' for mail-in ballots

Gov. Josh Stein is criticizing what he says is an unusually high number of mail-in ballot rejections, urging voters to instead cast their votes in person "if possible." He blamed the State Board of Elections' recent changes to absentee ballot processing guidelines that require officials to reject ballots in some cases, rather than offer voters an easier process to "cure" mistakes.

"The State Board of Elections’ last-minute changes to voting by mail are leading to thousands more absentee ballots being rejected this election — at a rejection rate twice as high as in 2022," Stein said in a social media post Tuesday evening. "It’s infuriating. North Carolinians, please make a plan to vote this year, in person if possible."

Stein was referencing an analysis from the nonprofit advocacy group Common Cause. Its analysis was published Tuesday by Democracy Docket, a left-leaning legal group involved in a lawsuit seeking to block the new mail-in ballot processing guidelines.

But the State Board of Elections says its data shows a slight increase in "spoiled" ballots — not a doubling of rejections.

"Preliminary State Board data shows a slight increase in spoiled ballot rates in 2026 (3.1%) compared to 2022 (2.6%) at this stage in each election," spokesman Jason Tyson said in an email to WUNC News. "Ballots can be spoiled for many reasons, including at the request of the voter (damaged ballot, spilled coffee on it, etc.) or for certain deficiencies related to ballot envelope issues, or missing witness, assistant, or notary signatures and information."

The main point of contention in the elections board's new guidance requires officials to reject mail-in ballots that aren't sealed properly — with seals on both the ballot envelope and outer envelope — forcing the voter to start the process over again.

A federal court judge earlier this week declined to block the guidelines. "Neither of the two challenged provisions, which are clearly stated on the absentee ballot materials — that the voter sign his or her own name and place their ballot in a sealed envelope provided by the county board of election — is burdensome, much less unduly so," U.S. District Court Judge Thomas Schroeder wrote. He is a Greensboro-based judge first appointed by President George W. Bush.

The lawsuit also takes issue with new signature verification guidelines that the plaintiffs say are too vague. They say attempts to match a voter's signature on their absentee ballot with other signatures on file could lead to errors and isn't needed to verify the voter's identity.

Sailor Jones, state director of Common Cause, told WUNC News in an email that roughly 3% of mail-in ballots so far have been rejected, double the rejection percentage from the 2022 midterm election. He says the data is "based on reports from Common Cause NC's trained volunteer monitors and attorneys from (Southern Coalition for Social Justice), as well as reports shared by League of Women Voters' monitors."

Numbers are higher in several counties, Jones said, including two left-leaning urban counties. "Mecklenburg, Forsyth, New Hanover and Randolph have had counts yield between 8-11% spoilage," he said. A total of 27 counties are included in the group's data so far.

It's unclear how many of the rejected mail-in ballots are related to the new guidelines; ballots can be rejected for other reasons as well.

Charlie Collicutt, director of the Guilford County Board of Elections, says the number of rejected mail-in ballots in his county is similar to previous elections. He said 38 mail-in ballots in Guilford were rejected because they weren't properly sealed; of those, 13 voters have already returned new, corrected ballots, and two others opted to vote early in person instead.

He says he's been working hard to educate voters about the requirements, and that the most common error continues to be the witness signature requirement. "The three big ones are seal it, sign it yourself, and get your two witnesses — that's it," he said of the mail-in voting process.

The deadline to request an absentee ballot has already passed, and voters seeking to vote by mail must ensure their completed ballot is received by 7:30 p.m. on Election Day. In-person early voting is under way across the state and runs through 3 p.m. on Oct. 31.

Tyson, the board of elections spokesman, encouraged voters using the mail-in option to review instructions and a how-to video on the State Board of Elections website before submitting their ballots. Voters can also deliver their ballot to early voting sites and county election offices, rather than relying on mail.

"Importantly, we continue to stress to all absentee voters the importance of closely following all instructions that come with their ballot to ensure they comply with the law, and to return their ballots as soon as possible to ensure there is time to cure any deficiencies or receive a new ballot," Tyson said.

Jones said Common Cause will continue to monitor mail-in ballot issues across the state, and he's worried that some voters might not have enough time to correct ballot issues related to the new guidelines. He's also concerned about rejection rates that vary between counties.

"That's always a concern that your zip code determines whether your vote will count," he said. "We have new county board of elections members this cycle for this big midterm. We have a lot of new poll workers, a lot of new precinct officials. "When the rules change at the last minute, as they have in this case, it makes this a much tougher job, and much more open to error and subjective decision-making."