N.C. Gen. Stat. » Chapter 163
NC General Statutes

N.C. Gen. Stat. § 163-231 (2026)

Voting absentee ballots and transmitting them to the county board of elections

✓ current as of July 2026
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(a) Procedure for Voting Absentee Ballots. - In the presence of two persons who are at least 18 years of age, and who are not disqualified by G.S. 163-226.3(a)(4) or G.S. 163-237(c), the voter shall do all of the following:

(1) Mark the voter's ballots, or cause them to be marked by that person in the voter's presence according to the voter's instruction.

(2) Fold each ballot separately, or cause each of them to be folded in the voter's presence.

(3) Place the folded ballots in the container-return envelope and securely seal it, or have this done in the voter's presence.

(4) Make the application printed on the container-return envelope according to the provisions of G.S. 163-229(b) and make the certificate printed on the container-return envelope according to the provisions of G.S. 163-229(b).

(5) Require those two persons in whose presence the voter marked that voter's ballots to sign and print their names on the application and certificate as witnesses and to indicate those persons' addresses. Failure to list a ZIP code does not invalidate the application and certificate. Failure to include a printed witness name does not invalidate the application and certificate if the identity of an individual can solely be ascertained by the witness's signature.

(6) Do one of the following:

a. Have the application notarized. The notary public may be the person in whose presence the voter marked that voter's ballot.

b. Have the two persons in whose presence the voter marked that voter's ballots to certify that the voter is the registered voter submitting the marked ballots.

Alternatively to the prior paragraph of this subsection, any requirement for two witnesses shall be satisfied if witnessed by one notary public, who shall comply with all the other requirements of that paragraph. The notary shall affix a valid notarial seal to the envelope, and include the word "Notary Public" below his or her signature.

The persons in whose presence the ballot is marked shall at all times respect the secrecy of the ballot and the privacy of the absentee voter, unless the voter requests assistance and that person is otherwise authorized by law to give assistance. When thus executed, the sealed container-return envelope, with the ballots enclosed, shall be transmitted in accordance with the provisions of subsection (b) of this section to the county board of elections which issued the ballots.

(b) Transmitting Executed Absentee Ballots to County Board of Elections. - The sealed container-return envelope in which executed absentee ballots have been placed shall be transmitted to the county board of elections who issued those ballots as follows:

(1) All ballots issued under the provisions of this Article and Article 21A of this Chapter shall be transmitted by one of the following means:

a. Mail or commercial courier service, at the voter's expense, and received by the county board not later than 7:30 P.M. on the day of the statewide primary or general election or county bond election.

b. Delivered in person, by the voter or the voter's near relative or verifiable legal guardian, to the county board not later than 7:30 P.M. on the day of the statewide primary or general election or county bond election.

c. Electronically transmitted to the county board, if the ballot was issued under the provisions of Article 21A of this Chapter.

(2) If ballots are received later than the hour stated in subdivision (1) of this subsection, those ballots shall not be accepted unless required by federal law or the ballots are received in accordance with Article 21A of this Chapter or the State Board or court order extended the closing time of the polls for every poll in the county in accordance with G.S. 163-166.25. If the State Board or court order so extended the closing time of the polls, the ballots shall be received by the closing time as extended by the State Board or court order in order to be counted.

(c) Delivering Executed Absentee Ballots in Person. - For purposes of this section, "Delivered in person" includes physically handing the voted absentee ballot to an election official at an early voting site under Part 5 of Article 14A of this Chapter during any time that early voting site is open for voting, but does not include depositing the voted absentee ballot in a drop box or other location designated for the return of voted absentee ballots. The voted absentee ballots delivered to the early voting site shall be kept securely and delivered by election officials at that early voting site to the county board of elections office for processing. (1939, c. 159, ss. 2, 5; 1941, c. 248; 1943, c. 736; c. 751, s. 1; 1945, c. 758, s. 5; 1963, c. 457, ss. 2, 5; 1967, c. 775, s. 1; 1971, c. 1247, s. 3; 1973, c. 536, s. 1; 1977, c. 469, s. 1; 1979, c. 799, s. 5; 1985, c. 562, ss. 1, 2; 1987, c. 583, ss. 1, 2; 1989 (Reg. Sess., 1990), c. 991, s. 4; 1999-455, s. 11; 2009-537, ss. 6, 8(a); 2011-182, s. 5; 2013-381, s. 4.4; 2014-111, s. 11; 2017-6, s. 3; 2018-144, s. 3.4(j); 2018-146, ss. 3.1(a), (b), 4.8; 2023-140, s. 35.)

 

Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 2016–2025 · leading case: North Carolina State Conf. of NAACP v. McCrory, 182 F. Supp. 3d 320 (M.D.N.C. 2016).
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North Carolina State Conf. of NAACP v. McCrory, 182 F. Supp. 3d 320 (M.D.N.C. 2016). · cites it 12× “N.C. Gen. Stat. § 163-231 (a). The two witnesses must provide their name, address, and sign under penalty of perjury.”
Leslie Feldman v. Arizona Sec'y of State's Ofc., 843 F.3d 366 (9th Cir. 2016). · cites it 2× “330 (4) (making it a felony for anyone other than the voter or the voter’s family member to return an absentee ballot); N.C. Gen. Stat. § 163-231 (b)(1) (allowing only family members or 5 guardians to personally deliver an absentee ballot); Okla.”
Jim Bognet v. Sec'y Commonwealth of PA, 980 F.3d 336 (3d Cir. 2020). “Law § 8-412 (New York – seven days after the election for mailed ballots postmarked on Election Day); N.C. Gen. Stat. § 163-231 (b)(2) and Wise v.”
Common Cause Rhode Island v. RI Repub. Party, 970 F.3d 11 (1st Cir. 2020). “Code § 17-11-10 (b); N.C. Gen. Stat. Ann. § 163-231 (a)(1); N.”
Wise v. North Carolina State Bd. of Election, No. 5:20-cv-00505 (E.D.N.C. Oct. 3, 2020). · cites it 13× “See N.C. Gen. Stat. § 163-231 (b)(1).? The General Assembly has criminally prohibited any person other than the voter, the voter’s near relative, or the voter’s verifiable legal guardian from “return[ing] to a county board of elections the absentee ballot of any voter.”
Moore v. Circosta, No. 5:20-cv-00507 (E.D.N.C. Oct. 3, 2020). · cites it 13× “See N.C. Gen. Stat. § 163-231 (b)(1).? The General Assembly has criminally prohibited any person other than the voter, the voter’s near relative, or the voter’s verifiable legal guardian from “return[ing] to a county board of elections the absentee ballot of any voter.”
Moore v. Circosta, No. 1:20-cv-00911 (M.D.N.C. Oct. 3, 2020). · cites it 13× “See N.C. Gen. Stat. § 163-231 (b)(1).? The General Assembly has criminally prohibited any person other than the voter, the voter’s near relative, or the voter’s verifiable legal guardian from “return[ing] to a county board of elections the absentee ballot of any voter.”
Wise v. North Carolina State Bd. of Elections, No. 1:20-cv-00912 (M.D.N.C. Oct. 3, 2020). · cites it 13× “See N.C. Gen. Stat. § 163-231 (b)(1).? The General Assembly has criminally prohibited any person other than the voter, the voter’s near relative, or the voter’s verifiable legal guardian from “return[ing] to a county board of elections the absentee ballot of any voter.”
Democracy North Carolina v. North Carolina State Bd. of Elections, No. 1:20-cv-00457 (M.D.N.C. Mar. 10, 2022). · cites it 7× “N.C. Gen. Stat. § 163-231 (b)(1). Subsection (b)(1) has been in force since 1967, 1967 N.”
Disability Rights NC v. North Carolina Bd. of Elections, No. 5:21-cv-00361 (E.D.N.C. July 11, 2022). · cites it 5× “Ballot delivery provisions in § 163-231 11 N.C. Gen. Stat. § 163-231 (b)(1) states that absentee ballots "shall be transmitted by mail or by commercial courier service, at the voter's expense, or delivered in person, or by the voter's near relative or verifiable legal guardian.”
Disability Rights NC v. North Carolina Bd. of Elections, No. 5:21-cv-00361 (E.D.N.C. May 4, 2022). · cites it 4× “Ballot delivery provisions in § 163-231 N.C. Gen. Stat. § 163-231 (b)(1) states that absentee ballots "shall be transmitted by mail or by commercial courier service, at the voter's expense, or delivered in person, or by the voter's near relative or verifiable legal guardian.”
Griffin v. N.C. State Bd. of Elections, 915 S.E.2d 212 (N.C. Ct. App. 2025). · cites it 4× “1-2), voting and transmitting ballots to the County Board (§ 163-231), and for the County Board to count those ballots (§ 163-234).”
Show all 15 citing cases →
N.C. Gen. Stat. § 163-231(a)(6): 1 case
Griffin v. N.C. State Bd. of Elections, 915 S.E.2d 212 (N.C. Ct. App. 2025). “1-2), voting and transmitting ballots to the County Board (§ 163-231), and for the County Board to count those ballots (§ 163-234).”
N.C. Gen. Stat. § 163-231(b): 1 case
North Carolina State Conf. of NAACP v. McCrory, 182 F. Supp. 3d 320 (M.D.N.C. 2016). “N.C. Gen. Stat. § 163-231 (a). The two witnesses must provide their name, address, and sign under penalty of perjury.”
N.C. Gen. Stat. § 163-231(b)(1): 6 cases
Democracy North Carolina v. North Carolina State Bd. of Elections, No. 1:20-cv-00457 (M.D.N.C. Mar. 10, 2022). “N.C. Gen. Stat. § 163-231 (b)(1). Subsection (b)(1) has been in force since 1967, 1967 N.”
Wise v. North Carolina State Bd. of Election, No. 5:20-cv-00505 (E.D.N.C. Oct. 3, 2020). “See N.C. Gen. Stat. § 163-231 (b)(1).? The General Assembly has criminally prohibited any person other than the voter, the voter’s near relative, or the voter’s verifiable legal guardian from “return[ing] to a county board of elections the absentee ballot of any voter.”
Moore v. Circosta, No. 5:20-cv-00507 (E.D.N.C. Oct. 3, 2020). “See N.C. Gen. Stat. § 163-231 (b)(1).? The General Assembly has criminally prohibited any person other than the voter, the voter’s near relative, or the voter’s verifiable legal guardian from “return[ing] to a county board of elections the absentee ballot of any voter.”
Moore v. Circosta, No. 1:20-cv-00911 (M.D.N.C. Oct. 3, 2020). “See N.C. Gen. Stat. § 163-231 (b)(1).? The General Assembly has criminally prohibited any person other than the voter, the voter’s near relative, or the voter’s verifiable legal guardian from “return[ing] to a county board of elections the absentee ballot of any voter.”
Wise v. North Carolina State Bd. of Elections, No. 1:20-cv-00912 (M.D.N.C. Oct. 3, 2020). “See N.C. Gen. Stat. § 163-231 (b)(1).? The General Assembly has criminally prohibited any person other than the voter, the voter’s near relative, or the voter’s verifiable legal guardian from “return[ing] to a county board of elections the absentee ballot of any voter.”
N.C. Gen. Stat. § 163-231(b)(2): 2 cases
North Carolina State Conf. of NAACP v. McCrory, 182 F. Supp. 3d 320 (M.D.N.C. 2016). “N.C. Gen. Stat. § 163-231 (a). The two witnesses must provide their name, address, and sign under penalty of perjury.”
Griffin v. N.C. State Bd. of Elections, 915 S.E.2d 212 (N.C. Ct. App. 2025). “1-2), voting and transmitting ballots to the County Board (§ 163-231), and for the County Board to count those ballots (§ 163-234).”
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