Thousands of North Carolina mail-in ballots face rejection over envelope sealing rules after a federal judge upheld voting rules, prompting Governor Josh Stein to urge in-person voting as data shows rejection rates in some counties.
Judge Thomas Schroeder Denies Injunction Against Absentee Rules
A federal court has cleared the way for North Carolina election officials to enforce mail-in ballot standards through the midterm elections. In a 72-page order issued on Monday, U.S. District Judge Thomas Schroeder rejected a preliminary injunction request filed by left-of-center advocacy groups and voters.
Legal counsel from the Elias Law Group brought the lawsuit. Plaintiffs targeted the Sealing Requirement under the Materiality Provision of the Civil Rights Act. They argued that both challenged provisions infringed upon First and Fourteenth Amendment guarantees regarding due process, the right to vote, and equal protection. The lawsuit was brought on behalf of individual voters and advocacy groups such as Down Home North Carolina, North Carolina Asian Americans Together, and the North Carolina Alliance for Retired Americans. The North Carolina Alliance of Retired Americans, whose parent organization is led by American Federation of Teachers president Randi Weingarten, participated in the legal challenge attempting to block the changes as absentee ballots were going out. The RNC and the North Carolina Republican Party stepped into the legal battle to defend the measures.
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. It’s infuriating. North Carolinians, please make a plan to vote this year, in person if…
The targeted voting guidelines were approved on September 4 in a 3-2 party-line vote by the North Carolina State Board of Elections. Control of the State Board of Elections shifted to a Republican majority in mid-2025 after lawmakers transferred board appointment authority from the governor to the state auditor, Dave Boliek. Judge Schroeder ruled that the plaintiffs waited too long to file their complaint after the state adopted the changes, noting that voting was already underway.
At a minimum, the merits are far from ‘clear-cut,’ plaintiffs have delayed in seeking the relief they now seek, and implementing the changes sought is infeasible at this stage in the midst of voting.
Judge Thomas Schroeder, U.S. District Court for the Middle District of North Carolina
Pointing out that instructions are explicitly printed on absentee ballot materials, Schroeder additionally wrote that neither rule is burdensome, much less unduly so.
Court filings submitted by state election officials revealed that prior to the ruling, over 123,000 North Carolina residents had requested absentee ballots by October 8, with more than 30,000 already processed and returned.
We are pleased with yesterday's decision by the U.S. District Court denying preliminary injunction request and allowing the State Board’s absentee voting procedures, which are consistent with statute, to remain in place. See NCSBE Executive Director's full statement below. #ncpol pic.twitter.com/758hPFG3JV
Governor Josh Stein Criticizes Rejection Rates as In-Person Voting Surges
State elections spokesman Jason Tyson stated in an email to WUNC News that preliminary state board data shows a slight increase in spoiled ballot rates in 2026 at 3.1%, compared with 2.6% at the same stage during the 2022 midterm elections. Should an absentee voter violate the signature verification rule or the sealing mandate, the 2026 Numbered Memo supplies a cure and notification process.
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. It’s infuriating. North Carolinians, please make a plan to vote this year, in person if possible.
Gov. Josh Stein, Governor of North Carolina
In-person early voting turnout has surged across the state.
County-Level Data and Voter Options for Correcting Spoiled Ballots
Data compiled by Common Cause North Carolina, working with the Southern Coalition for Social Justice, drew from 27 of the state’s 100 counties using absentee review monitors—consisting of everyday voters and volunteer advocates—as well as attorneys. According to Brooks Fuller, policy director for Common Cause North Carolina, the increase in spoiled ballots is statistically notable in a state where elections can be decided by hundreds of votes out of millions. Common Cause NC data and online statements from an election board member indicate that several counties show elevated figures, including Durham County and Wake County, where rejection rates both hit 2.5%. In Guilford County, local officials reported rejections due to unsealed inner envelopes, where some voters successfully returned new corrected ballots or opted to vote early in person instead.
State election officials emphasize that voters still have opportunities to correct errors if notified. Voters can check their ballot status through the State Board of Elections voter look-up tool and contact their county board of elections office to cure mistakes before final certification.
| County / Metric | Reported Mail-In Rejection Rates / Estimates |
|---|---|
| Statewide Average (2026) | 3.1% |
| Statewide Average (2022) | 2.6% |
| Wake and Durham Counties | ~2.5% |
| Mecklenburg and Forsyth Counties | 7% – 8% |
Voters whose mail-in ballots are rejected may still cast a ballot in person before the end of the early voting period or on Election Day, provided they follow designated precinct guidelines and statutory deadlines. During the 2022 midterm elections, the statewide average rejection rate sat at 2.6% at the same stage.
1604 civilian absentees received this week and considered today, 47 spoiled, 40 of which were for unsealed inner envelope or loose ballot. that’s AGAIN 2.5% ! Three weeks in a row that exactly 2.5% of absentee voters failed to seal inner envelope
More on Thomas Schroeder
(5/6)🔺In Guilford County, upwards of 2% of all ballots received over the past three weeks have been thrown out because voters did not properly seal the inner envelope.🔺In Wake County, the rejection rate is greater than 2.5%, with 40 ballots discarded for lacking an inner…
(6/6)Read more on what this ruling means for voters👇https://t.co/gm9Mu2NzCo
(3/6)REJECTED PLEAS:U.S. District Court Judge Thomas Schroeder determined Monday that changing election rules after absentee and early voting had already begun would violate a longstanding Supreme Court principle that discourages last-minute changes to election…