GOP lawsuit claims NC Board of Elections ignoring absentee, observer laws | Eastern North Carolina Now | A lawsuit filed by The Republican National Committee, the N.C. Republican Party, and Clay County GOP Chair Barbara Deas over state election rules comes just as early voting by mail began Thursday, Sept. 8.

Coronavirus Disease 2019 (COVID-19)
    Publisher's Note: This post appears here courtesy of the Carolina Journal. The author of this post is David Larson.

    A lawsuit filed by The Republican National Committee, the N.C. Republican Party, and Clay County GOP Chair Barbara Deas over state election rules comes just as early voting by mail began Thursday, Sept. 8.

    The suit, filed Sept. 9, seeks to reign in what Republicans see as illegal tampering with election law by the Democrat-majority N.C. State Board of Elections (NCSBE), especially regarding the absentee-ballot deadline and limits on election observers.

    "The NCSBE continues to undermine the democratic process with unlawful rulemaking and further restrict the rights of election observers, threatening the integrity of our elections," said RNC Chair Ronna McDaniel in a press release. "This lawsuit is the latest development in the RNC and NCGOP's ongoing fight to preserve transparency in North Carolina elections and stop unelected bureaucrats from rewriting the law in the Tar Heel State."

    This coalition of national, state, and local GOP involved in the lawsuit specifically object to limits the NCSBE has placed on at-large elections observers associated with the state parties and to the moving of the absentee-ballot deadline from Nov. 11 to Nov. 14.

    According to the lawsuit, NCSBE's exective director Karen Brinson Bell issued a memo in August of 2022 directing county boards of elections to accept civilian absentee ballots through Nov. 14, even though the statutory deadline is Nov. 11. Brinson Bell defended the move by saying that because Nov. 11 is the Veterans' Day holiday, they should be allowed to move the date to the next day of business.

    In the Republican lawsuit, the plaintiffs say this "constitutes a unilateral, unlawful extension of the statutory deadlines" and "is in excess of the NCSBE's authority."

    Patrick Gannon, the NCSBE's public information director, responded to this assertion on Sept. 12 in comments to Carolina Journal:

    "We generally wouldn't want to comment on the pending lawsuit. However, I need to correct the misunderstanding that the board extended the absentee ballot deadline. The legislature did that by enacting GS 103-5. See Numbered Memo 2022-09, which explains why the law requires the receipt of absentee ballots on November 14, as November 11 is a state and federal holiday, when mail is not delivered. The same rule/deadline applied under a different administration in 2016."

    On the other main question brought by the lawsuit, whether the NCSBE is unlawfully limiting election-observer activity authorized by the state's general statutes, the lawsuit says that the NCSBE created a rule that puts the state party's 100 at-large observers under similar rules to county-level observers, who are limited by time and number.

    The plaintiffs say there is no statutory justification for this rule, which was created by the NCSBE in 2018 but has not yet been heavily enforced. The Republicans who filed the lawsuit say they believe the rule will be enforced more this election and that it will interfere with their right to observe the process.

    The lawsuit can be viewed in full below.

Go Back

Leave a Guest Comment

Your Name or Alias
Your Email Address ( your email address will not be published)
Enter Your Comment ( no code or urls allowed, text only please )

State Supreme Court splits along party lines to hear voter ID case in October Carolina Journal, Editorials, Op-Ed & Politics Brunswick charter school asks U.S. Supreme Court to take up dress code dispute


Latest Op-Ed & Politics

Netherlands is world's second largest exporter of food by value
A new poll shows that Republican voters put Florida Governor Ron DeSantis at the top of deep list of politicians they want to see influence the party’s direction.
Davis Patterson, a bystander during a shooting that left a dozen dead, has been arrested for misgendering the shooter, Blake Jacobson, who is non-binary.
Twitter CEO Elon Musk announced a blanket amnesty for Twitter users permanently suspended from the platform.
With rising interest rates, experts expect the U.K. to remain in a recession into 2024
CNN host Alisyn Camerota and a guest on the network struggled with the gender non-conforming identity of the Colorado “Club Q” shooting suspect.
U.S. State Department officials defended themselves Sunday after awarding Ecuador a grant of over $20,000 for a cultural center to host drag shows for LGBTQ communities in the South American country.
The N.C. Home Builders Association is sharing its concerns about a recent court ruling against an Ashe County asphalt plant.


says schools are for education, not indoctrination
Former Trump administration economic adviser Larry Kudlow blasted President Joe Biden, accusing him of lying about the state of the economy.
President Joe Biden announced his intention to push for new gun control legislation in the lame-duck session of Congress.
Wondering why people actually still vote for Democrats? Believe it or not, there are still Democrat voters out there and we've compiled their top reasons for doing so!
Two NBA players were ejected from a game over the weekend after they engaged in a fight that ended up in the stands.
When I was a tenth grade student, I had the good fortune to have an English teacher named MS. Comer.
While Arizona’s handling of the midterm election has been the focus of media outlets and pundits for some time, California still has more than 250,000 uncounted ballots across the state.
At least two counties in Arizona have confirmed that their certification of the 2022 election will be delayed as the state’s attorney general’s office wrote a letter claiming there’s evidence of “statutory violations” that occurred in Maricopa County on Election Day.


Back to Top