Absentee voting instructions by NC board of elections violates state law, RNC argues in litigation

Litigation filed last week by the Republican National Committee alleges a memo sent by the North Carolina’s State Board of Elections to county boards of elections instructing them on absentee-by-mail balloting conflicts with state law.

For the board, it’s lawsuit No. 6 in 43 days, and the fourth in 12.

The RNC is joined in the complaint by the North Carolina Republican Party and Virginia Wasserberg, registered in Pasquotank County. They argue the board sent instruction to the 100 county boards that disregards election laws requiring absentee ballot security envelopes to be sealed for them to count. 

“State law is clear in this matter and it is unfortunate that Director Bell is acting beyond her authority,” state party Chairman Jason Simmons said of Elections Board Executive Director Karen Brinson Bell, said in a statement about the complaint filed Tuesday. “We will continue to enforce integrity in the elections process and adherence to statutory requirements.”

The litigation says Numbered Memo 2021-03, an instruction from Bell, “issued guidance” and “undermines the protections afforded by the General Assembly’s carefully drafted absentee-voting statutes.” 

Four statute references are named that require “an absentee ballot must be received by the proper county board of elections in a sealed envelope for the ballot to be counted.”

Plaintiffs say the memo “advises county boards of elections that an absentee ballot may be counted even if it is not submitted in a sealed container-return envelope.”

A declaratory ruling to the board was rejected prior to the lawsuit being filed, the litigation says.

Defendants are the board as a whole, each member in their board capacity, and Bell. The board includes Democrats Alan Hirsch, its chairman, Jeff Carmon and Siobhan Millen; and Republicans Stacy Eggers and Kevin Lewis.

Since July 22, the state board has been litigated because of decisions related to ballot access involving the Justice For All Party, and the We The People Party; voter roll maintenance twice; and freedom of speech involving John F. Kennedy Jr.