North Carolina: With no North Carolina elections board, Winterville race decided by 1 vote and a judge | News & Observer

Nearly two months have passed since voters went to the polls in Winterville, the small Pitt County town near Greenville, to select its mayor and two Town Council members. On Tuesday, Wake County Superior Court Judge Paul Ridgeway decided the victor in one of the council races — a contest that resulted in a one-vote difference. Ridgeway held a hearing on Dec. 29 to determine whether the Pitt County Board of Elections exceeded its power when it decided to decertify the results from the race between John Hill, Ricky Hines and David Hooks. The case was unusual from the start. The election was held in November to fill a seat that became vacant last year after a councilman died. On Nov. 7, Hill was the unofficial winner with 421 votes, eight more than Hines got that night and 47 more votes than Hooks received.

North Carolina: How far into 2018 before North Carolina knows shape of election districts in gerrymander case? | News & Observer

As 2017 drew to a close, an often repeated phrase among observers of North Carolina politics was the only thing certain about the 2018 elections was uncertainty. With the filing period for candidates seeking state House and Senate seats set to open in mid-February, the lines for the election districts remain unclear. North Carolina lawmakers have canceled primaries for all judicial races and continue to weigh new options for how judges at all levels of state court get to the bench. Answers to some of the lingering questions might emerge early in January as federal judges hold hearings on a case that will determine the shape of election district maps for state legislative races.

North Carolina: With no state board, election challenges go to court | Winston-Salem Journal

As cleanup continues from the most recent North Carolina elections held without a regulatory board to settle disputes, both local and state officials are wondering if the court case that vacated the board will be settled before the next elections in May. County boards and judges — not the state elections board — are still handling appeals from municipal elections in November. They include a mayor’s race that was decided by three votes and a one-vote race where ineligible voters cast ballots. North Carolina hasn’t had a statewide elections board since June because Gov. Roy Cooper is challenging a law that would change the board’s composition to be divided evenly between Republicans and Democrats. Cooper, a Democrat, has gone to court against the GOP-controlled legislature to keep the system that gives the governor’s party a majority of the board’s members. The litigation is now before the state Supreme Court.

North Carolina: Plaintiffs’ lawyers object to expert in redistricting case | Greensboro News & Record

Lawyers for 31 voters suing Republican legislative leaders over racially biased election districts are questioning the other side’s plan for a California political scientist and demographer to testify at a hearing next month. They argue that redistricting consultant Douglas Johnson of Glendale, Calif., should not be allowed to take the stand on Jan. 5 because he has not met a basic, federal requirement that such expert witnesses must file a report in advance covering “all opinions the witness will express and the basis and reasons for them.” “Because legislative defendants have not produced a report for Dr. Johnson, he should not be permitted to offer expert testimony on Jan. 5,” voter lawyers Allison Riggs of Durham and Edwin Speas of Raleigh contend. “Should the court allow him to testify, plaintiffs request that he be ordered to produce a report and be available for deposition prior to Jan. 5.”

North Carolina: Elections website was hacked, but it wasn’t as damaging as it could have been | News & Observer

As the fear of election equipment being hacked grows, the State Board of Elections and Ethics Enforcement wants to get ahead of any potential threats by having additional staff members to address cybersecurity. In a presentation to the Joint Legislative Election Oversight Committee on Friday, Kim Strach, executive director of the state board, said election security is something everyone needs to be concerned about. Strach said there are two types of hacks that the state board has to keep an eye out for – internal and external.

North Carolina: Gerrymander defendants want their own outside expert | Greensboro News & Record

Republican legislative defendants in North Carolina’s racial gerrymandering case hope to call their own California elections expert and a member of the Guilford County Board of Commissioners to testify on their behalf. Raleigh lawyer Phillip Strach has asked a panel of federal judges to approve Glendale, Calif., political scientist Douglas Johnson and Guilford commissioner Hank Henning as witnesses in a hearing scheduled next month on the latest round of voting-district maps. Strach wants testimony from Johnson, Republican commissioner Henning and Republican commissioner Michael Boose of the Cumberland County Board of Commissioners to cast doubt on recent recommendations from the lawsuit’s “special master,” California law professor Nathaniel Persily of Stanford University.

North Carolina: Judge denies legislators’ early hearing request in racial gerrymandering case | Winston-Salem Journal

U.S. District Judge Catherine Eagles has refused a request to hold a crucial hearing in North Carolina’s racial gerrymandering case two weeks sooner than scheduled. Ruling on behalf of the 3-judge panel overseeing the lawsuit, Eagles said the Republican legislators were seeking to “impose their own expedited schedule on the court, the special master and other parties at virtually the last moment.” “The court anticipates that the January 5 hearing will begin with a short presentation by the special master as to his recommendations,” Eagle said in the order. “Thereafter, each side will have one hour to present oral argument in support of their position.”

North Carolina: Voters: ‘Time is of the essence’ in adopting redistricting recommendations | Greensboro News & Record

The North Carolina General Assembly is not entitled to another shot at fixing any remaining racial flaws in its most recent redistricting efforts, voting rights lawyers contend in newly filed court papers. Attorneys for 31 voters who successfully sued the legislature for racial gerrymandering are urging a three-judge, federal panel to resolve the lingering flaws on its own by adopting a “special master” consultant’s recent recommendations. “While courts generally are obligated to give the legislature the first chance to remedy violations in a redistricting plan, they are not required to give the legislature limitless chances to do so,” lawyers Allison Riggs and Edwin Speas assert in their joint petition.

North Carolina: Republicans canceled an election. Now Democrats are going to court | News & Observer

North Carolina Democrats have asked the federal courts to block a law that does away with primaries next year in partisan judicial races. The state Democratic Party and several county parties, including those in Wake, Durham and Orange counties, sued on Tuesday claiming that the law adopted in October by the Republican-led General Assembly is unconstitutional because it prohibits the political party from the “special protection” afforded to it in the First and Fourteenth amendments to select candidates who best represent the party’s philosophies and policies. The Democrats involved with the lawsuit have asked the court to take action before February, when candidate filing for the 2018 elections opens in North Carolina.

North Carolina: Redistricting expert: No ‘racial targeting’ in map fixes | Associated Press

The expert who federal judges asked to redraw some North Carolina House and Senate district lines defended his final recommendations Friday, rejecting Republican arguments that he created boundaries with racial population quotas and helped Democrats. Stanford University law professor Nathaniel Persily released his proposal, which altered two dozen of the General Assembly’s 170 districts, mostly in the counties in or around Raleigh, Greensboro, Charlotte and Fayetteville. Some adjusted districts returned to the shapes that the legislature first drew in 2011. The judges will meet Jan. 5 in Greensboro before deciding whether to adopt the changes, about five weeks before candidate filing begins for next November’s elections. GOP lawmakers already have said it was premature for the judges to hire Persily as a special master, and House Speaker Tim Moore already has signaled map changes could be appealed to the U.S. Supreme Court.

North Carolina: ‘Race-based redistricting’ imposed on NC ‘against its will,’ lawmakers say | News & Observer

Lawmakers and the challengers of maps proposed for electing North Carolina’s General Assembly members waited until the 11th hour to respond to districts suggested by an unaffiliated mapmaker. Lawmakers were critical of the process, saying the federal judges who tapped a Stanford University law professor to draw maps for them had done so prematurely and allowed him to consider race as he looked at election districts in Cumberland, Guilford, Hoke, Mecklenburg, Wake, Bladen, Sampson and Wayne counties. The three federal judges presiding over the case that will determine what districts North Carolina’s state Senate and House members come from in the 2018 elections have yet to rule on maps the lawmakers adopted in August. The judges — James Wynn of the 4th U.S. Circuit Court of Appeals, Catherine Eagles and Thomas Schroeder, both of the U.S. Middle District of North Carolina — ordered new lines after the U.S. Supreme Court affirmed their ruling last year that found 28 of the state legislative districts were longstanding unconstitutional racial gerrymanders.

North Carolina: Expert proposes legislative maps in redistricting case | WRAL

A map-making expert brought in by federal judges to rework North Carolina’s House and Senate districts released his proposal Monday. Attorneys on both sides of the underlying lawsuit requiring new maps have until Friday to recommend changes for a plan that’s due Dec. 1 to the federal judges overseeing the redraw. That panel of three judges could accept that map, drawn by Stanford University law professor Nathaniel Persily, or stick with something closer to what the General Assembly’s Republican majority submitted earlier this year. The attorneys who initially sued to change the state’s maps argue that the GOP’s redraw didn’t fully address the racial gerrymander found by the judges and affirmed by the U.S. Supreme Court.

North Carolina: Court-appointed specialist draws new maps for gerrymandered House, Senate districts | Greensboro News & Record

An outside expert appointed by a federal court to help redraw some North Carolina legislative districts that judges worry remained unconstitutional — including at least two in Guilford County — has suggested changes. On Monday, Stanford University law professor Nathaniel Persily filed his preliminary House and Senate plans. He also requested formal responses from Republican legislative leaders who originally drew the boundaries and from voters who successfully sued over them. Judges want Persily’s final proposal by Dec. 1. Judges have said four districts redrawn last summer by GOP legislators still appeared to preserve illegal racial bias, so Persily said he redrew compact replacements for them. He also retooled several districts in and around Charlotte and Raleigh because of potential state constitutional problems.

North Carolina: Forsyth County seeks voting machine extension from General Assembly | Winston Salem Chronicle

Forsyth County Board of Elections is hoping the General Assembly will give counties an extension on getting new voting machines. Currently the county is under a state deadline to switch to a paper-based ballot system by next year. The county had planned to replace its current touchscreen voting machines used for early voting with new machines that will produce paper ballots. Plans to test the machines and have them ready by 2018, were sidelined by a legal battle over proposed changes to the makeup of election boards in the state. As North Carolina awaits a ruling, the State BOE’s term expired and the board is currently vacant. Without a state board, there is no one to certify new voting machines for use in the state, so Forsyth can’t get new machines and its current ones will no longer be certified after year’s end.

North Carolina: Senate gears up on judicial redistricting | WRAL

Experts raised questions Wednesday about the constitutionality not only of proposed new judicial districts in North Carolina, but the state’s current ones as well. Years of inattention, preceded by decades of political tinkering, left the districts North Carolina uses to elect judges with unbalanced populations in faster-growing urban areas. That opens them to constitutional attack, a pair of attorneys with a long history in state government told state senators gathered to discuss controversial judicial reforms. The state addressed this issue years ago in Wake County, but similar issues linger in Mecklenburg County and, potentially, in other areas, according to Michael Crowell, the former executive director of North Carolina’s Commission for the Future of Justice and the Courts, and Gerry Cohen, an attorney who worked with the legislature for more than 30 years.

North Carolina: Judge denies challenge of VR Systems election software | Associated Press

With only hours to go before Tuesday’s municipal elections, a trial judge has turned away North Carolina’s effort to avoid using the polling-place software of a company targeted by Russian hackers last year. Lawyers for the state elections board said the Election Day poll book software that VR Systems provides to nearly 30 of North Carolina’s 100 counties hasn’t been officially certified. VR Systems persuaded an administrative law judge last Friday to side with the Florida-based company, which says the software remains approved under the original certification it obtained eight years ago, in October 2009. Superior Court Judge Paul Ridgeway declined to intervene, deferring to Administrative Law Judge Don Overby’s ongoing oversight of the case, including a proposed hearing set for next spring. The elections board formally asked the state Court of Appeals late Monday to delay the enforcement of Overby’s restraining order and preliminary injunction.

North Carolina: Counties OK to use elections software targeted by hackers | News & Observer

Voting software that’s been under a cloud for months can be used in elections next week. The State Board of Elections & Ethics Enforcement is appealing an administrative law judge’s decision Friday allowing counties to use software from a company called VR Systems that checks voters’ registration information. Durham was using VR software on Election Day last year when a malfunction forced the county to switch to paper poll books. The glitch halted voting in some areas, and eight precincts extended voting hours. The state elections board doesn’t want counties to use the software. The board hasn’t certified it, as required by law. In a court complaint, VR Systems said the elections board improperly revoked its license, and that some counties still want to use its product. The company’s court complaint said Mecklenburg County used VR software in the September primaries, and Nash County used it in October, without problems and despite the state prohibition.

North Carolina: Republicans object to special master in North Carolina remap | Associated Press

North Carolina Republican legislative leaders on Monday opposed a plan by federal judges to use an outside expert to help them examine and possibly redraw General Assembly district lines, arguing that it’s premature to hire one and questioning the expert’s impartiality. An attorney for GOP mapmakers objected to the judicial panel’s intentions — announced last week — to appoint a Stanford University law school professor as what’s called a “special master.” The same three judges last year struck down nearly 30 districts originally drawn in 2011 by the GOP-controlled legislature, determining they unlawfully relied too heavily on race. The General Assembly approved new lines in August, but the judges wrote last week they remained concerned that seven House and two Senate districts “either fail to remedy the identified constitutional violation or are otherwise legally unacceptable.”

North Carolina: Governor Roy Cooper would have lost in court vs. lawmakers | News & Observer

A panel of three judges would have ruled against Gov. Roy Cooper in one of his power struggles with state lawmakers, this one over control of elections boards. In a ruling released Tuesday, the judges said that if they had jurisdiction of the case they would have decided that lawmakers had not violated the state Constitution when they created an eight-member board – evenly divided between the major political parties – to preside over state election issues and ethics complaints. The case could determine whether Republicans will have leadership on elections boards at the state and county level during presidential election years when North Carolina voters also elect their governor. The findings from the three judges — L. Todd Burke of Forsyth County, Jesse Caldwell of Gaston County and Jeffrey Foster of Pitt County — put the case back before the state Supreme Court.

North Carolina: Special master named to draw legislative districts | News & Observer

Federal judges announced their plans on Thursday to ask a Stanford University law professor to look at nine North Carolina legislative districts as they weigh the constitutionality of election maps adopted in August. The news came in an order filed in federal court by the three-judge panel asked to decide whether the new maps correct 28 districts drawn in 2011 and later found to be unconstitutional racial gerrymanders. The judges raised questions about seven state House districts and two state Senate districts that “either fail to remedy the identified constitutional violation or are otherwise legally unacceptable.” One Senate district was in Guilford County; the other was in Hoke and Cumberland counties. The House districts were in Wake County, Mecklenburg County and Guilford County. … Judge Catherine Eagles informed the attorneys in the order that Nathaniel Persily, who has helped draw districts for New York, Maryland, Georgia and Connecticut, would review North Carolina’s new legislative maps and possibly help the judges draw new lines for 2018.

North Carolina: Arguments wrap in partisan gerrymander case | WRAL

Arguments wrapped Thursday in a North Carolina lawsuit that aims to change American politics. The case targets partisan gerrymandering in general and North Carolina’s current congressional map in particular. Republican legislators, attorneys for good-government groups argue, drew intensely partisan lines, using detailed data from past elections to produce maps nearly guaranteed to elect 10 Republicans and three Democrats to Congress. Such partisan efforts have long been accepted, but the federal courts may eventually draw a line in the sand. North Carolina’s case is before a three-judge panel and could take months, or even years, to run its course. A similar case out of Wisconsin has already been argued before the U.S. Supreme Court, and the court’s decision is pending.

North Carolina: Stung by Court Rulings, Republicans Aim to Change the Judges | The New York Times

Republicans with a firm grip on the North Carolina legislature — and, until January, the governor’s seat — enacted a conservative agenda in recent years, only to have a steady stream of laws affecting voting and legislative power rejected by the courts. Now lawmakers have seized on a solution: change the makeup of the courts. Judges in state courts as of this year must identify their party affiliation on ballots, making North Carolina the first state in nearly a century to adopt partisan court elections. The General Assembly in Raleigh reduced the size of the state Court of Appeals, depriving Gov. Roy Cooper, a Democrat, of naming replacements for retiring Republicans. And this month, lawmakers drew new boundaries for judicial districts statewide, which critics say are meant to increase the number of Republican judges on district and superior courts and would force many African-Americans on the bench into runoffs against other incumbents.

North Carolina: Veto override means no scheduled judicial primaries in 2018 | News & Observer

Primary elections for trial court and appeals court seats in 2018 have been scrapped after Republicans on Tuesday overrode Democratic Gov. Roy Cooper’s veto of a bill that foretells potentially more judicial changes ahead. The House voted to make state law a measure — approved two weeks ago then formally objected to by Cooper — that also would delay candidate filing for those judicial races from February to June. The Senate voted Monday night for the override. At least 60 percent of the legislators present in each chamber had to agree to overcome Cooper’s veto. The override marks the latest action by the GOP-controlled General Assembly to retool the judicial branch. Earlier this year, lawmakers passed bills making District Court and Superior Court races officially partisan elections again and reducing through attrition the number of Court of Appeals judges from 15 to 12. Cooper vetoed both of those bills, but they were also overturned.

North Carolina: Legislature opens ballots to third parties in veto override | The North State Journal

The state legislature voted Tuesday for the 10th veto override since Gov. Roy Cooper has been in the Executive Mansion, well more than half of his 13 total vetoes. The lawmakers needed a three-fifths vote to override, voting in the Senate Monday night 26-15 along party lines and in the House Tuesday morning, 72-40. Two Democrats voted in favor of overriding the governor’s veto: Reps. William Brisson (D-Bladen) and Elmer Floyd (D-Cumberland). This time the override is on an election bill aimed at making it easier to get third-party candidates on the state’s election ballots, but also canceling the 2018 judicial primaries. Lawmakers say they want to allow newly eligible candidates to be able to get a closer look at planned new judicial district maps. The effort to update judicial district lines was launched over the summer by Rep. Justin Burr (R- Stanly), but some members of both parties say its overdue.

North Carolina: Senate votes to override election law veto | WRAL

The state Senate voted Monday night to override Gov. Roy Cooper’s veto of a measure that would cancel all judicial primary elections in 2018. The House is expected to follow suit Tuesday, although that vote may be delayed. Senate Bill 656 would also make it easier for third-party and unaffiliated candidates to get on the ballot for statewide or municipal races, but not in legislative races. It would also lower the percentage of primary votes required to avoid a runoff. Republican House and Senate leaders say they’re canceling the judicial primaries because they intend to redraw the state’s Superior Court and District Court districts by next spring, so the primary would likely be delayed.

North Carolina: Partisan gerrymander trial highlights differences from Wisconsin case | News & Observer

Morton Lurie is a Raleigh resident who describes himself as a conservative Republican. On Monday, he was one of the North Carolina voters standing outside a federal courthouse in Greensboro, criticizing a map drawn in 2016 that has given Republicans a 10 to 3 edge in Congress. Though it can be difficult to keep up with all the redistricting lawsuits filed this decade in North Carolina, Lurie is one of the challengers of maps adopted by the Republican-led legislature last year to correct two of the 13 congressional districts found by federal judges to be unconstitutional racial gerrymanders. Lurie objects to districts that are essentially safe seats for one party or another. “The House of Representatives is that part of our government designed to be sensitive to the interests and will of voters spread across the country,” Lurie told media during a break in a trial that started Monday in his lawsuit.

North Carolina: Voting defamation suit seeks to widen net, accuses GOP attorneys of conspiracy | WRAL

The attorneys who brought a defamation lawsuit over voter protests filed in the wake of last November’s election want to add former Gov. Pat McCrory’s legal defense fund and the attorneys who helped file those protests to their suit. They also want to turn the case into a class-action suit on behalf of more than 100 people who they say were unfairly maligned when Republicans falsely accused them of casting fraudulent votes. Attorneys for the Southern Coalition for Social Justice argue there was a coordinated effort by attorneys from a well-connected Republican law firm in Virginia to throw the results of North Carolina’s close gubernatorial race into doubt. Those attorneys, the lawsuit argues, helped North Carolina voters challenge Democratic votes “to delay certification of the election and suggest that voter fraud affected the election results.”

North Carolina: New district maps get hearing from judges | News & Observer

North Carolina’s redrawn legislative districts were debated Thursday before a panel of three federal judges who had struck down previous district maps for racial bias. The judges must decide whether to force another redrawing of the boundaries approved by Republicans over the summer or allow them to be used in the 2018 elections. Lawyers representing GOP legislative leaders and dozens of voters who successfully sued to throw out previous districts were subjected to 3½ hours of questioning by the judges, who did not immediately rule. Later Thursday, the judges opened wider the door to choosing an outside expert to make map changes on their behalf. Candidate filing starts in February. The judges had ordered the GOP-dominated legislature to approve new maps by Sept. 1, in keeping with their decision last year that 28 House and Senate districts drawn in 2011 were unlawful racial gerrymanders.

North Carolina: District attorney, nonprofit spar over handling of alleged voter-fraud cases | Charlotte Observer

A group targeting voter fraud in North Carolina has called on the Trump administration to withdraw its nomination of Andrew Murray to be the next U.S. Attorney for what they say is his refusal to prosecute two cases of illegal voting. Murray, the Mecklenburg district attorney, says the allegations are unfounded and that the Voter Integrity Project of Raleigh has mischaracterized his actions as well as the cases they cite. “This office prosecutes crimes of every level every day,” Murray’s office said in a statement Monday. “But prosecuting people when sufficient evidence does not exist simply for the sake of media attention to the Voter Integrity Project’s cause … is simply wrong and unjust. This office does not – and will not – operate that way.”

North Carolina: Cooper vetoes bill eliminating 2018 judicial primary | Carolina Public Press

An elections bill passed in one of several legislative actions in last week’s brief session, has drawn the 13th veto from Gov. Roy Cooper, who objected to a provision eliminating next year’s judicial primaries. “This legislation abolishes a scheduled election and takes away the right of the people to vote for the judges of their choice,” Cooper said in a statement released with Monday’s veto. “It is the first step toward a constitutional amendment that will rig the system so that the legislature picks everybody’s judges in every district instead of letting the people vote for the judges they want. If the legislature doesn’t like the fact that judges are ruling many of their laws unconstitutional, they should change their ways instead of their judges.”