A federal judge has denied a motion from the North Carolina Alliance for Retired Americans and other groups seeking to block state rules requiring absentee ballots be returned in sealed envelopes with completed certificates. The ruling, issued by U.S. District Court Judge Thomas Schroeder, keeps in place election integrity directives as absentee voting continues ahead of the midterms.
Explainer Election Integrity in America: Safeguarding Voter Trust and Ballot Security
The case highlights ongoing disputes over ballot security and access, with Republicans defending current safeguards and left-leaning organizations arguing for more lenient standards.
The dispute centers on a last-minute legal challenge by the Alliance for Retired Americans, a labor-union-backed advocacy group, and allied organizations. The plaintiffs sought a preliminary injunction to allow local election workers to count absentee ballots not returned in sealed envelopes, arguing that rejecting such ballots would violate the Materiality Provision of the Civil Rights Act of 1964. Judge Schroeder ruled the challenge came too late, noting that voting had already begun and citing the U.S. Supreme Court's guidance that courts should not alter election rules on the eve of an election.
Judge Schroeder’s Decision
In his order, Judge Schroeder wrote that the plaintiffs delayed in bringing their challenge, waiting eighteen days after the 2026 Numbered Memo was issued and filing their motion just before absentee ballot counting began. He cited the Supreme Court’s so-called Purcell principle, which discourages courts from changing election procedures close to voting periods. Schroeder stated, “Plaintiffs have also delayed. They waited eighteen days after the 2026 Numbered Memo was issued to bring this action, and they did not file their motion for preliminary injunction until the day before the counting of absentee ballots would begin.”
The court found that the plaintiffs’ motion for a preliminary injunction should be denied, emphasizing the importance of stability in election rules once voting is underway. As of October 14, North Carolina election officials reported that over 31,000 absentee ballots had already been cast, with nearly 124,000 requested by October 8.
Arguments from Both Sides
The plaintiffs, including the North Carolina Alliance for Retired Americans and two voters, argued that state law’s requirement for sealed envelopes and completed certificates on absentee ballots was overly strict and that rejecting unsealed ballots would disenfranchise voters. They contended that the Purcell principle did not apply in this case and sought to block the state’s guidance to local officials.
Republicans, led by the Republican National Committee (RNC) and the North Carolina GOP, opposed the challenge, defending the existing safeguards as necessary for election integrity. RNC Chairman Joe Gruters stated, “Democrats and their allies tried to gut basic ballot safeguards in the middle of an election, and the RNC stopped them.” He added, “Requiring voters to sign their absentee ballots and return them in sealed envelopes is commonsense. Only Democrats would go to court to fight protections this basic. Their last-minute bid failed, and the RNC made sure the rules stayed in place ahead of the midterms.”
"Requiring voters to sign their absentee ballots and return them in sealed envelopes is commonsense. Only Democrats would go to court to fight protections this basic. Their last-minute bid failed, and the RNC made sure the rules stayed in place ahead of the midterms."
— Joe Gruters, Republican National Committee Chairman
Supporters of the plaintiffs have not issued a public response to the ruling as of publication.
Context and Ongoing Disputes
The North Carolina Alliance for Retired Americans is part of a national network of labor-union-sponsored advocacy groups, with its board including leaders from major unions such as the American Federation of Teachers and United Auto Workers. The group has previously challenged North Carolina’s absentee ballot requirements, including a similar case in 2024, which the RNC also won.
North Carolina began mailing absentee ballots in early September, 60 days before Election Day, in line with state law. As of the most recent reporting, nearly 526,000 ballots had been cast statewide, a 37 percent increase from the same point in the previous midterm cycle, according to WTVD in Raleigh.
The court’s decision keeps current absentee ballot safeguards in place as the state moves forward with its election process.
