Federal judge allows Republican groups to join lawsuit over NC absentee ballot rules

Federal judge allows Republican groups to join lawsuit over NC absentee ballot rules Categories: 2026 Midterm Elections Federal judge allows Republican groups to join lawsuit over NC absentee ballot rules The lawsuit will determine whether new North Carolina State Board of Elections rules can take place, and a judge is set to decide whether they will be paused for the current election cycle. Lexi Tatum, Staff Writer • October 14, 2026 Annie Griffin Signage outside of Chapel of the Cross, an early voting location for the upcoming midterms, as seen on Monday, Oct. 12, 2026. A federal judge ruled on Friday that state and national Republican groups can join a lawsuit over the state’s absentee ballot guidance as defendants ahead of the November election. Following the initial filing of the motion to intervene, the plaintiffs — North Carolina Alliance for Retired Americans, North Carolina Asian Americans Together, Down Home North Carolina, Vaeme Afokpa and Raquel Nelson — opposed the possibility of the  intervention.   The Republican National Committee and North Carolina Republican Party requested an expedited consideration of their motion to intervene. RNC and NCGOP representatives said in a memorandum that they initiated legal action in 2024 over the state’s interpretation of absentee ballot law, including the sealing requirement at issue in this case, and therefore have a clear interest in the outcome of the lawsuit.  U.S. District Judge Thomas D. Schroeder granted the NCGOP and RNC’s request to join the group of defendants. The lawsuit was initially filed on Sept. 22, challenging two provisions of updated guidance on mail-in ballots issued by the North Carolina State Board of Elections on Sept. 4, the day voters began receiving absentee ballots. The suit brings claims under the Civil Rights Act of 1964’s Materiality Provision and the First and 14th Amendments, arguing the new requirements place an undue burden on the right to vote. “The ability to educate voters on these new rules was hampered by the timing of their decision,” Shruti Parikh, the director of education and political engagement at North Carolina Asian Americans Together, said.  Parikh added that her team estimates more than 4,000 ballots statewide will not be valid in the upcoming election because of the BOE’s guidance. The plaintiffs are asking the court to temporarily block the guidance while the lawsuit proceeds.  During a preliminary injunction hearing on Oct. 14 to challenge the new BOE rules, Schroeder said he planned to make a decision as soon as possible, and that he was apprehensive about the timing of the proceedings before the start of early voting.​ “The whole game right now is not actually about even this case being resolved,” UNC law professor Rick Su said. “The whole case is what’s going to happen in the next two weeks.” Su said it was likely that the Republican organizations’ motive for joining the lawsuit was partially due to doubt that the current defendants will best represent their interests.  “The Republicans are interesting in this case because in the past, let’s say pre-Trump, allowing greater mail-in ballots, especially for elderly voters, which had some tendency to support Republicans, was something that they favored,” Daniel DiSalvo, a political scientist and UNC professor, said. “You could say in recent years that’s something that they’ve become more skeptical about.” Parikh said her research shows there has been very little election fraud within North Carolina. “Vote by mail has been practiced with great integrity in North Carolina for many years, and I don’t see that these rules would increase the integrity of the ballot at all,” Parikh said. Other defendants in the lawsuit include the State BOE and both the Durham County and Guilford County Board of Elections.​ The Durham County BOE said in the memorandum that they do not object to the intervention of Republican groups, while the State BOE and Guilford County BOE took no position on the intervention. Derek Bowens, Durham County’s Director of Elections, declined The Daily Tar Heel’s request to comment. Charlie Collicutt, Guilford County’s Director of Elections, said he is unsure what kind of impact the guidance will have on the upcoming election, but acknowledged that the process would be a change from previous years. With the early voting period in North Carolina set to begin Thursday, the lawsuit could determine whether absentee voters will continue to face the challenged requirements when submitting their ballots. “No voter who is eligible to vote should be afraid that their ballot cannot count,” Parikh said. “And changing a rule this close to an Election Day, without proper education, without proper notice, does just that.”  @DTHCityState | [email protected] 0 Like This Story Share on Facebook Share on X Email this Story Print this Story More to Discover More in 2026 Midterm Elections Here's where to vote early in Orange County for the 2026 midterm elections Older voters could be decisive in North Carolina’s Senate race, poll finds North Carolina elections board sued over new absentee ballot requirements Trump said North Carolina is ‘one of the most violent' states. The data says otherwise. Organizations across the University encourage students to register to vote Politicians raised in Chapel Hill speak at UNC candidate forum ahead of midterm elections