The North Carolina State Board of Elections voted Tuesday to revisit its guidance on whether political parties can appoint poll observers in nonpartisan contests, a question that has gained urgency as local elections unfold this fall.
At issue is a 2023 memo issued by former NCSBE executive director Karen Brinson Bell, a Democrat, interpreting Senate Bill 747 — the law that rewrote state rules on election observers. The General Assembly passed the bill in 2023, former Gov. Roy Cooper vetoed it, and lawmakers overrode his veto.
Bell’s memo barred party-appointed observers from nonpartisan races. However, with municipal elections underway, many of them officially nonpartisan, board members considered whether the law’s language allows parties to designate observers even when candidates’ affiliations don’t appear on the ballot.
The revised rule interprets that parties may appoint observers if a candidate in a nonpartisan race is affiliated with that party. The majority of nonpartisan contests in North Carolina take place in municipalities. The decision rolls back Bell’s 2023 directive and takes effect on Oct. 8 after current municipal elections are complete, but before any November runoffs.
Current NCSBE Executive Director Sam Hayes, a Republican appointed earlier this year, acknowledged his own involvement in drafting the 2021 legislation as a former legislative staff member and argued for a broader reading.
“I believe that taking us back to where we were, allowing the parties to designate observers where they do have candidates on the ballot, regardless of whether or not in that race they carry that party designation would be appropriate,” Hayes said. “I base that on my discussions with central staff, central nonpartisan staff, and some partisan staff at the General Assembly. What we’re trying to do here is to comport the black letter with the spirit of the law. I don’t believe that this benefits one political party over another.”
Democratic board member Siobhan O’Duffy Millen also supported rewriting the guidance.
“I might surprise some people in that I also have heard from a lot of the voters of North Carolina who feel strongly that they should be allowed to have observers in any contest,” she told fellow board members. “I have to say I think the statute is worded ambiguously, and so I would support rewording the numbered memo.”
The shift marks one of several Bell-era policies the new board may revisit if they believe the directives conflict with state law.
Republican board member Stacy “Four” Eggers emphasized that political realities often transcend ballot labels.
“The question really revolves around whether or not we hide the candidate’s affiliation, or we stick a letter next to their name,” he said. “The question is, does that magically make a race nonpartisan, just by simply calling it an unaffiliated contest? I think the practical experience for everyone involved is that, in politics everyone knows who their candidates are and who their candidates are not.”
Poll observers, appointed by political parties or candidates, serve inside polling places to watch the administration of elections, though they are restricted from interfering with voters or election officials. The revised rule could expand party presence in local nonpartisan races, including judicial and municipal elections, when candidates carry party affiliation.
Tuesday’s action indicates a broader shift underway at the State Board of Elections, as the new majority begins to clarify rules established by their Democratic predecessors in the lead-up to the 2026 midterms.
Toward the end of the NCSBE meeting Tuesday, an agenda item was added to discuss the state auditor’s hiring of former NCGOP executive director Dallas Woodhouse as a liaison between the auditor’s office and county boards of elections. NCSBE chair Francis DeLuca opened the discussion explaining that when the General Assembly moved appointment authority to the state auditor, he sought a staff member role to answer questions from the 100 county boards. DeLuca emphasized that the role does not make policy.
Democrats on the NCSBE objected to the role and to the selection of Woodhouse. Board member Jeff Carmon, a Democrat, who earlier voted against reversing the nonpartisan observer rule, said that the role could cause confusion.
“Mr. Hayes will put out memos of what should happen and how things should happen, he brings things to us,” Cameron said. “I don’t think anyone should be calling the auditor, outside of any auditing that should happen. Anything as it pertains to elections should come from us.”
Millen also objected, calling Woodhouse a “highly partisan figure” and saying the position is redundant.
“There is only one person doing my job, and that’s me,” Hayes interjected. “The state auditor has never done anything to interfere with my duties here. All he’s ever offered is to lend support and resources in any way that is appropriate. I agree with everything’s been said. The statute is clear about our responsibilities, they’re defined by statute, and those that are delegated by the board. I report to this board, and that’s it.”
“I agree that the auditor is free to hire whomever he wishes to advise him,” Hayes added. “In this instance, as happens at many of the agencies, you have an individual that assists the principal with appointments and advises on appointments occasionally as a liaison between the principal and those appointees. and that’s how I see the role here.”
“They can listen to whomever they want to listen to, but who they SHOULD listen to is us, through Mr. Hayes,” DeLuca added.