A new election law is bringing changes to voting in North Carolina for the fall election. (Photo by Mario Tama/Getty Images)
When North Carolinians show up to vote this fall, they’ll be joined at their polling places by groups of partisan “observers” watching the ballot process and taking notes.
They’re part of a new elections law that took effect this year, touted by Republicans as a new layer of security in a battleground state with presidential and governor’s races atop the ballot this cycle. As votes are cast in-person starting in October, volunteers from both parties will keep an eye on precincts across the state.
Observers are instructed under SB 747 to be seen, but not heard. They’re allowed to walk around the precinct, listening in on conversations about the administration of the election. But they can’t directly interact with voters or look at filled-out ballots.
Even with those restrictions, their presence — and explicit political affiliations — will be a novelty in polling places, with voters across the ideological spectrum set to cast ballots in the first general election since the law was enacted.
“It really is as simple as what’s in the name,” said Cat Lawson, an attorney who works as Voter Protection Director for the North Carolina Democratic Party.
“Watching interactions with individual voters, seeing how problems are resolved. And if there are problems, or if they notice what they believe to be irregularities, helping to identify those, and quickly run them up the advocacy chain so that they can be resolved on the outside.”
Every polling place can have up to three observers per political party present at once, including “at-large” observers who cycle through precincts throughout the day.
As a battleground state, North Carolina will be under the watchful eyes of both national parties as voting begins — with Democrats focused on preventing disenfranchisement and intimidation and Republicans, led by North Carolina’s Michael Whatley, leading a “Protect the Vote” campaign.
Spokespeople for the North Carolina Republican Party and North Carolina Board of Elections did not respond to requests for comment about their roles in the election observation process.
Election boards, parties on lookout for intimidation or disruptions
There are few requirements to be an election observer: be a registered voter in the county, don’t be a candidate on the ballot, and “have good moral character.”
County party officials submit names of observers to voting sites ahead of the election. County election chairs and chief judges can reject observers “for good cause,” according to the law. But one county elections chair said her county is relying on the parties to properly vet observers.
“Obviously, we know folks who have caused disruptions or have had issues at polling places,” said Erica Porter, chair of the Wake County Board of Elections. “If we see those things, we’re going to have to be a little more vigilant making sure that they understand what they’re allowed to do. But you know, that vetting really comes from the parties.”
Attorney General Josh Stein’s office, in a memo distributed about the law, has urged anyone concerned about their personal safety to “contact local law enforcement.”
“A political candidate’s supporters who aren’t official election observers can’t simply ‘go into the polls and watch,’” the memo says. “A supporter who is not an official election observer is not a ‘poll watcher’ and has no legal authority.”
Porter said Wake County has a plan in place to respond to incidents at polling places — starting at the individual precincts up to an emergency board meeting, if needed.
“But our staff is really trained on de-escalation tactics and whatnot, so we’re very encouraged that our chief judge and our judges and our precinct staff will be able to handle it,” she said.
Lawson, with the North Carolina Democrats, said she viewed the party’s observers as “allies for the election process itself” and “referees,” rather than disruptors or advocates.
SB 747, law that created observers, has been basis for recent party lawsuits
The law responsible for placing election observers in polling places has been at the center of fierce partisan disagreement and, recently, a pair of lawsuits filed by Republicans.
In one suit, Republicans accused the North Carolina State Board of Elections of “deliberately declining” to enforce the portion of the law that could lead to non-citizens being removed from voter rolls.
The NCSBE said the suit’s claims were “categorically false” and “undermine voter confidence on an entirely false premise.”
The other GOP lawsuit requested that the state remove 225,000 voters off the state rolls — which the NCSBE said would violate federal law and was thus impossible. Civil rights groups filed a motion to intervene in the case on Thursday, September 5, describing the suit as a “baseless attempt” by “extremists” to suppress lawful voters.
Both actions are part of a larger series of lawsuits filed by Republicans across the country, including in other swing states such as Arizona and Pennsylvania.
Election security and integrity remains a front-of-mind concern for many Republican voters, after former President Donald Trump falsely claimed he won the “stolen” 2020 election due to fraud in key states.
Democrats have adamantly opposed SB 747 since its birth at the statehouse. Gov. Roy Cooper vetoed the bill last year (and was later overridden), calling it “dangerous” and alleging that it “encourages voter intimidation.”
With the law now in effect, Democrats have turned their attention foremost to preventing confusion about photo ID requirements, Lawson said.
“The statute is extremely clear on photo ID, and the state board has been extremely clear that a voter who shows up to vote but has a reasonable impediment to showing an ID is still permitted to vote,” Lawson said.
“So, making sure that legal directive from the statute and from the state board is effectively carried out in every single polling location is going to be a prime area of focus.”
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