We are still assessing the devastation caused by Hurricane Helene in western North Carolina and surrounding areas. It will likely be several days or even weeks before we know the full extent of the damage and the needs in the area.

Unfortunately, election officials do not have that time. The 2024 election is already upon us. The good news (if you can call it that) is that North Carolina has recent experience conducting elections in the wake of hurricanes, having done so after Matthew in 2016 and Florence in 2018.

North Carolina law and election regulations allow the State Board of Elections (SBE) to make emergency changes “in a district where the normal schedule for the election is disrupted.” For example, they authorized election boards in the 25 affected counties to reschedule their weekly absentee ballot processing meetings, the first of which is scheduled for today (October 1). They can also make changes that are already authorized by law in areas declared disaster zones, such as not requiring voter ID in those counties.

However, the board must consider the “[s]ufficiency of time remaining for the General Assembly and the Governor to adopt emergency legislation addressing the disruption.” In other words, they cannot make changes without the prior approval of the General Assembly if the legislature has time to meet before the change has to be made (unless already approved by law, as previously noted). The General Assembly is scheduled to meet next week and will likely consider emergency changes to early and election-day voting in the affected area.

What changes to election rules are we likely to see? It will probably be similar to the changes the General Assembly authorized in 2018’s Hurricane Florence Emergency Response Act:

  • Extension of the voter registration (probably through October 16, the day before early voting starts)
  • Authorization for elections boards in affected counties to alter early voting sites.
  • Authorization for elections boards in affected counties to alter election day voting sites.

The General Assembly’s and SBE’s actions are driven at least in part by past court cases. For example, the General Assembly has learned that courts expect an extension of the regular voter registration deadline in areas affected by natural disasters, and the SBE has learned that judges will not allow them to overstep their emergency powers to illegally alter voting laws.

Later legislation will likely provide funding to counties to cover their added expenses, including for election administration.