McCrory, Cooper Gearing up for Possible Legal Battle over Votes | Eastern North Carolina Now

    Publisher's note: The author of this post is John Trump, who is a contributor to Carolina Journal, John Hood Publisher.

Issues in Durham County and the potential of 110,000 yet-to-be counted absentee and provisional ballots could lead to recount in governor's race

    The problems in Durham County on Election Night have been resolved, but much work remains leading up to the Nov. 18 county canvass and the statewide canvass 11 days later.

    As things stand, Democratic Attorney General Roy Cooper's lead over Republican Gov. Pat McCrory amounts to fewer than 5,000 votes. But as Carolina Journal noted Friday, 110,000 absentee and provisional ballots remain uncounted or unaccounted for, although elections officials don't yet know what those ballots hold or even how many may be valid.

    Thursday, The Pat McCrory Committee announced in a news release it is filing paperwork with the State Board of Elections for a legal defense fund "in preparation for an ongoing legal battle and associated expenses relating to the extended gubernatorial contest."

    "No one knows for sure the outcome of the election, and tens of thousands of ballots remain outstanding and not yet counted," said Jason Torchinsky, chief legal counsel for the Pat McCrory Committee Legal Defense Fund.

    Meantime, the Cooper campaign has established its own legal team, led by Marc Elias, who was general counsel for Hillary Clinton's presidential campaign, the News & Observer reports.

    State Board of Elections spokesman Patrick Gannon says it will be a busy couple of weeks for election workers, who must audit, certify, and count the outstanding ballots.

    A difference of 10,000 votes or fewer after the county canvass probably would lead to a recount.

    In a speech Tuesday night, McCrory referenced some 90,000 ballots from Durham County. The state board instructed Durham County officials to switch to paper poll books after experiencing technical issues with the electronic books. The problems slowed workers and led to the delay in reporting.

    "The issue arose with the electronic poll books used to check in voters when they present to vote," a Board of Elections news release says. "It had nothing to do with ballots. Durham County uses paper ballots."

    The county had other issues, as well.

    Tuesday morning, the Bethesda Ruritan Club precinct ran out of authorization-to-vote forms, the cards voters sign when they show up at the polls. This issue was a result of the switch to paper poll books. It has been addressed, the state board says.

    The state board closely monitored the issues and kept in constant communication with Durham election officials, says Gannon. The board sent elections officials to county precincts to address any further problems and to ensure workers have adequate supplies.

    Voting hours were extended according to state law, which says, "If the polls are delayed in opening for more than 15 minutes, or are interrupted for more than 15 minutes after opening, the State Board of Elections may extend the closing time by an equal number of minutes."

    It's clear, however, the election is far from over.

    Says Torchinsky, "While people were sleeping after Election Day and waking up to the news of a new president, our team was already hard at work to ensure that every vote is properly counted and that every voter has been afforded one vote. We have assembled a team of the very best legal minds and election lawyers in the country to ensure that the results of this election are accurate and that every legal vote is properly counted."