The State Board of Elections (SBE) will hold a public hearing on July 31, 2017 to take public comment regarding proposed rules changes, and is accepting public comment online and by email through Monday, July 31 (see below for where to submit comments).
The SBE has proposed a bundle of administrative rules and many have problems. At least three of the new rules involve election protests and the citizens who file the protests. Remember in North Carolina, no one is monitoring our elections, not the SBE, not the police and not election investigators. It is up to the citizenry to detect and report election-related problems and even voter fraud. In fact, North Carolina General Statute 163 (NCGS 163), the election law, spells out how citizens go about safeguarding the election process. The law provides election protests and challenges as tools for North Carolina citizens to use if they see potential problems.
Let’s begin with new rule 08 NCAC 02.0111, which rewrites the election protest form. According to the SBE, the new form would: “clarify the standard of review, require a certification that the facts alleged are true and accurate, and require attorneys to indicate that they represent the protester, among other things.”
What the new form actually does is to limit election protests to those where the number of votes in question would be “sufficient in number to change the outcome of the election.” The new rules also add to the responsibilities of the protester to such an extent as to discourage election protests altogether. Worse still, the new rules essentially set the stage to criminalize citizens who lodge election protests.
Perhaps the most important and disturbing fact is that much of what is included in the new election protest form does not comport with North Carolina election law. In fact, many of these proposed rules seem to be in direct conflict with NCGS 163.
The proposed form limits election protests to those where there are enough questionable votes to change the outcome of the election. In fact, however, NCGS 163-182.10 (2)(d) makes it clear that a local board cannot immediately dismiss an election protest because the local results could not affect the outcome of an election if the election was a multicounty election.
NCGS 163-182.10 (2)(d) “There is substantial evidence to believe that a violation of the election law or other irregularity or misconduct did occur, and might have affected the outcome of the election, but the board is unable to finally determine the effect because the election was a multicounty election.” If the county board makes this conclusion, it shall order that the protest and the county board’s decision be sent to the State Board for action by it.
The SBE’s new election protest form also puts additional onus on the protester, including to “serve copies of all filings on every person with a direct stake in the outcome of this protest.” Imagine, you had discovered that more than 300 absentee voters in your county all included the same witness signature on their absentee ballot envelopes and the same handwriting appeared on the ballots, writing in a candidate’s name. The responsibility would be yours to notify (by mail) all 300 voters affected.
It gets worse, the new form requires the protester to contact the voter’s attorney (if they have one) and all these contacts must be initiated within one business day of filing the protest.
The proposed Election Protest Form is obviously one sided, putting a tremendous burden on the person initiating a challenge. The real impact is to discourage a protest from ever being filed. This new requirement, no doubt, is to discourage the average citizen from lodging a reasonable protest.
Additionally, the new election protest form includes the word “crime” two times. Both instances are directed at the person filing the protest and would be construed as a warning to the protester that if they do not prove their case they may be charged with a crime.
In the entire chapter of North Carolina’s election laws, NCGS 163, the word “crime” is used three times. Twice, in reference to felons who have lost their right to vote and once in describing a misdemeanor. The proposed wording on the elections protest form, developed supposedly by the SBOE’s “legal team,” would, no doubt, be helpful in future lawsuits brought against citizens who file election protests to identify and prevent voter fraud or other election misconduct.
But the new election protest form appears to have no basis in state law. It is another blatant attempt by SBE staff to discourage average citizens from protesting the election process.
Another new rule, 08 NCAC 02 .0114, gives the Director of the SBE and the Directors of all 100 county boards of elections the authority to dismiss a protest before it ever gets to the preliminary hearing.
Currently, NCGS 163 assures a voter who files an election protest will get a preliminary hearing before the county board members. NCGS 163-182.10 and NCGS 163-182.11 lays out the process and without confusion. In fact, the citizen who submits a protest has a right to a preliminary hearing according to NCGS 163-182.10.
Consideration of protest by county board of elections:
(a) Preliminary Consideration. – The following principles shall apply to the initial consideration of election protests by the county board of elections:
(1) The county board shall, as soon as possible after the protest is filed, meet to determine whether the protest substantially complies with G.S. 163-182.9 and whether it establishes probable cause to believe that a violation of election law or irregularity or misconduct has occurred. If the board determines that one or both requirements are not met, the board shall dismiss the protest. The board shall notify both the protester and the State Board of Elections. The protester may file an amended protest or may appeal to the State Board. If the board determines that both requirements are met, it shall schedule a hearing
This section of chapter 163 of the North Carolina General Statutes is easy to understand and does not appear to need interpretation or elaboration.
To give a state or a county employee authority to dismiss an election protest makes a mockery of our law.
This fact alone should move the General Assembly to stop the runaway SBE administrative staff.
The public hearing and acceptance of public comment for these rules may be more of a “dog and pony show” than a serious process. The SBE is without board members at this time and it would take a vote by the members of the board to adopt the new rules. After the legislature changed the make-up of the board, Gov. Cooper has refused to appoint new board members. The legislature changed the makeup of the board from five members to eight and made the board bipartisan, four members would be Republicans and four members Democrats. The matter is now in the courts as we continue to wait for Roy Cooper to finally appoint a new state board of elections.
Civitas has received, from the SBE, the public comments submitted thus far and, to no one’s surprise, they are apparently made up mostly of forms provided by Democracy NC, the leftist community organizing group headed by lobbyist Bob Hall. You know Democracy NC, they label anyone who suggests that all voters should show a voter ID to vote as racists and bigots.
We will not provide a form, but will encourage everyone to write an email to:
or click here to reach the online comment portal at the State Board of Elections.
Tell the State Board of Elections’ Executive Director, Kim Strach, and the staff of the SBE that the current election statutes governing election protests are sufficient. The laws are clear and detailed where protests are concerned. Current law lays out all the responsibilities, not only for the protester, but also for the county boards of elections and the SBE as well.
Proposed rules and rule changes should only deal with areas where there is confusion, not try to rewrite the law by administrative action.
If you prefer to attend the public hearing and address the administrative staff:
Date: July 31, 2017
Time: Noon
Location: NCSBE, 441 N. Harrington Street, Raleigh, NC 27603
Jane Watson says
G.S.163-30 states that County Boards serve two year terms and until their successors are appointed and qualified, and the NC Supreme Court has said that three-member boards (a quorum under the new law) can conduct elections business, There currently are some two-member county boards (vacancies) in NC who cannot meet/conduct business. But 163.19 also says that State Board members’ terms expire in four years or when their successors are appointed and qualified, so I don’t understand why SBE staff are saying we do not have a State Board.
Also, can Monday’s public hearing be viewed online?
Rick Rohm says
I went to the online comment portal you listed. It is impossible for the average person to understand. There were pages and pages of statutes listed that you were supposed comment on.
Francis De Luca says
The best comment you could leave would be to tell the staff to do nothing until a new State Board is appointed in accordance with the law. As it stands now the organization that started work on these proposed rules no longer exists. Action should wait until there is a legally empaneled board, not just unelected bureaucrats.
Susan Myrick says
I agree with you the “online portal” was not friendly, You can write an email and send to: rules@ncsbe.gov
I do not know if the meeting will be televised. The phone number for the SBE is 919-733-7173
Philip says
more of Coopers liberal democratic Nazi tactics to ensure democrats that are elected by voter fraud can’t be challenged. this is total corruption Hillary and Obama style, Folks this Cooper has hips attached to the Obamas and the Clinton’s. Cooper wreaks and stinks of fraud and vice and he should be investigated fully by our reps. He is behind all of this because he knows he won by voter fraud using illegal aliens, this man makes me sick.
sonja yagel says
Do not change the voting rules leaving it up to regular citizens to determine the eligibility for people who vote. The people who man the voting stations should be the ones checking and double checking to see who is eligible and who is not. Photo ID would stop most of the illegal voting
Proudly Unaffiliated says
The left wants to continue to stuff the ballot box and criminalize anyone who wants to stop them.
Scott says
Dear Proudly Unaffiliated;
Please substantiate your claim with factual evidence. You are making claims that have been shot down as complete fabrications for many years.
Thank You
Gurney Hayes says
I agree with everything Philip posted, Cooper and the liberals are whining about the way the districts are drawn, saying they are drawn in favor of republicans. Cooper and the liberals will tell you republicans have the system rigged against them, but they won’t explain how Cooper won if the system is rigged against them. His win was because of voter fraud and illegals voting. North Carolina should reenact it voter I.D. law.
Pinto says
http://constitution.com/voter-fraud-virginia-verified-thousands-illegal-votes-counted/
Pinto says
http://www.inquisitr.com/1584092/voter-fraud-impostor-apparently-can-vote-20-times-in-north-carolina-video/
Scott says
Writing about a State that has denied and suppressed the Right to Vote for over 200 years, and never once having an article about Voter Suppression is beyond reasonable belief.
Pinto says
https://fivethirtyeight.com/features/how-democrats-suppress-the-vote/