North Carolina: State Ordered to Hold Special Elections After Redrawing Districts | Governing

A federal court Tuesday ordered North Carolina to hold a special legislative election next year after 28 state House and Senate districts are redrawn to comply with a gerrymandering ruling. U.S. District Court judges earlier this year threw out the current legislative district map, ruling that 28 of them were unconstitutional racial gerrymanders. They allowed the 2016 election to continue under the old maps, but ordered legislators to draw new districts in 2017. Tuesday’s order settled the question of whether the new districts would take effect for the regularly scheduled 2018 election cycle, or if a special election would be required. “While special elections have costs, those costs pale in comparison to the injury caused by allowing citizens to continue to be represented by legislators elected pursuant to a racial gerrymander,” the three-judge panel wrote in the order.

North Carolina: NC GOP: Durham recount could resolve governor’s election within days | News & Observer

After the State Board of Elections effectively rejected Republican protests about ineligible voters, Durham County is the last point of contention in the unresolved governor’s race – and the N.C. Republican Party said Tuesday that a recount there could resolve the election within days. The board will meet Wednesday afternoon to review a request for a recount of early votes in Durham County. As the final absentee and provisional ballots are tallied this week, Democrat Roy Cooper had a lead of around 9,800 votes late Tuesday over Republican Gov. Pat McCrory. McCrory is entitled to a statewide recount if the margin remains under 10,000 votes. Cooper got 79 percent of the vote in Durham County, and the Democratic stronghold has been a frequent target of Republican election complaints.

North Carolina: McCrory campaign said it would appeal election complaints – but hasn’t | News & Observer

As Republican-led county election boards began to reject GOP complaints, Gov. Pat McCrory’s campaign said Nov. 18 it expected the rulings to be “immediately appealed to the State Board of Elections.” Ten days later, the state board has received only two appeals – both challenging decisions by the Durham County Board of Elections. In those appeals, Republicans are seeking a hand recount and an opportunity to inspect absentee ballot envelopes for signs of fraud. But without more appeals, Republican claims of voter fraud and irregularities in more than 50 counties appear to have fizzled. McCrory trails Democratic challenger Roy Cooper by about 9,700 votes. As of Monday evening, only three counties had not yet held hearings on the complaints, which include allegations that ineligible felons and dead people voted, and that some voters cast ballots in multiple states. Hearings in those counties are scheduled for this week.

North Carolina: Congressional redistricting case to be heard at Supreme Court on Monday | Miami Herald

Lawyers for the state of North Carolina will make oral arguments in the Supreme Court next week, seeking to overturn a lower federal court’s ruling that two of the state’s congressional districts were illegally and intentionally drawn to weaken African-American and minority voting power. It’s expected the high court could hand down a decision in the case next spring or summer. That process, though, could be delayed if the current eight justices opt to have both sides re-argue the case next year, should a ninth justice be confirmed and join the bench. The Supreme Court’s decision in the redistricting case – stemming from a legal challenge to congressional district maps drawn in 2011 by state lawmakers – could have significant political impact, though North Carolina already has redrawn the contested maps and the state used the newly approved districts in this year’s election. Earlier this year, a panel of three federal judges forced North Carolina to postpone congressional primaries and re-do the maps.

North Carolina: Gov. Pat McCory will accept defeat if recount in Durham upholds previous results | News & Observer

Gov. Pat McCrory is ready to withdraw his request for a statewide recount if a new hand count of Durham County votes produces the same results as Election Day, his campaign announced Saturday evening. The governor is asking the N.C. State Board of Elections to hold an expedited hearing on an appeal of the Durham County election board’s denial of a request for a recount there. The state board on Saturday called for a Sunday afternoon meeting by phone to discuss this matter and a federal lawsuit challenging same-day registration ballots. “If a Durham recount provides the same results as earlier posted, the McCrory Committee will be prepared to withdraw its statewide recount request in the Governors race,” the campaign’s news release says.

North Carolina: Governor requests vote recount in tight race | Reuters

North Carolina Governor Pat McCrory announced on Tuesday he has officially requested a recount of votes from the Nov. 8 election with official results showing him trailing his Democratic challenger, Attorney General Roy Cooper, by one-tenth of a point. The gubernatorial race in the ninth largest U.S. state remained undecided two weeks after Election Day. Officials with the State Board of Elections were continually updating results as they arrived from the state’s 100 counties. A recount is mandatory if the margin is less than 10,000 votes once all 100 counties have finished their canvasses, a spokesman for the election board said. As of Tuesday afternoon, Cooper’s lead was 6,187 out of 4.7 million votes cast.

North Carolina: 2004 race may have set precedent for governor’s outcome | News & Observer

It was a statewide race that wasn’t decided for 10 months, and then not by a vote of the people but by 114 legislators. Now, with North Carolina’s governor’s race still undecided after two weeks, political observers are taking another look at the disputed 2004 election for state superintendent of public instruction. The race tested a little-known provision of the state constitution, came close to a showdown with the state Supreme Court and set a precedent for deciding contested elections – perhaps including this year’s gubernatorial race. Since trailing Democrat Roy Cooper by around 5,000 votes on election night, Republican Gov. Pat McCrory has seen his allies file protests in more than half the state’s counties. Meanwhile Cooper’s lead has risen to what more than 7,700 votes, according to the state elections board. Cooper puts the margin at more than 8,500. McCrory has officially asked for a recount even as election officials are still counting votes and reviewing challenges. And whoever ends up trailing after the official count could appeal the results – directly to the General Assembly. That’s what happened in 2004.

North Carolina: Gov. Pat McCrory wants recount in race with Roy Cooper | News & Observer

Republican Gov. Pat McCrory has formally requested a recount of votes in his close race with Democrat Roy Cooper. Two weeks after Election Day, Cooper is moving ahead with preparations to take office as governor but McCrory has sought to raise doubts about the integrity of the election. More than half of the state’s 100 counties reported final results on or before Tuesday, even as county officials awaited guidance from the State Board of Elections on how to deal with allegations from Republicans of people voting in two states, ineligible felons voting and absentee voters who died before Election Day. Those questioned ballots add up to a few hundred, not the thousands of votes by which McCrory trails. A recount would happen after all counties report final results and only if fewer than 10,000 votes continue to separate Cooper and McCrory. More than 4.69 million votes were cast in the race.

North Carolina: State board to counties: Keep counting | WRAL

County election officials should keep counting votes from the Nov. 8 election despite numerous protests, the State Board of Elections ruled Tuesday afternoon. It’s unclear whether lawyers for Gov. Pat McCrory or Attorney General Roy Cooper won the day at the conclusion of the three-hour dive into election minutia. The Republican incumbent and his Democratic rival have been battling over election results that give Cooper a roughly 6,100-vote edge. A written order that was to be issued later Tuesday will likely clarify matters on all sides. However, it is all but certain that this is not the last time the two sides will clash. The five-member state board did not look at individual cases Tuesday. Rather, the board wanted to give counties broad guidance about how to handle certain categories of voters, including those who cast ballots and then died or those who may have been on probation for felony crimes when they voted.

North Carolina: Legislature could revisit election laws in wake of McCrory complaints, Moore says | News & Observer

N.C. House Speaker Tim Moore said Monday that the legislature could revisit voter ID requirements and other election laws in the wake of complaints filed with help from Gov. Pat McCrory’s campaign. During a news conference announcing House Republican leaders for next year’s legislative session, Moore was asked about the complaints filed amid a tight governor’s race – making claims that dead people and convicted felons voted in this year’s election. “The fact that there are a number of protests related to the election at least make it an issue that it’s something that needs to be dealt with,” Moore told reporters.

North Carolina: McCrory alleges voter fraud in bid to hang on | Politico

North Carolina GOP Gov. Pat McCrory, who signed a 2013 voter-ID law which a federal court rolled back this year for illegally suppressing African-American votes, is now claiming that massive voter fraud in his state swung the 2016 election against him, as McCrory’s campaign continues to challenge Democrat Roy Cooper’s thin lead two weeks after Election Day. The contentious, bitter race between McCrory and Cooper, the state attorney general, is the closest governor’s race in the country in a dozen years — and it’s not officially over. Cooper, the state attorney general, has extended his lead to 7,902 votes during an ongoing canvass of absentee and provisional ballots, his campaign says. (The State Board of Elections, which updates less frequently, shows Cooper leading by 6,703 votes.) And on Monday, Cooper announced a transition team to prepare to take the reins of state government despite McCrory’s intense push to dispute the results. But McCrory still hasn’t conceded, alleging voter fraud in 50 of North Carolina’s 100 counties and contesting individual votes before dozens of local election boards, claiming that dead people, felons and people who voted in other states cast ballots in the race. On Sunday, the McCrory campaign emailed supporters, saying the “election is still in overtime,” and soliciting contributions for its legal fund.

North Carolina: McCrory campaign request on election complaint review rejected – for now | News & Observer

The State Board of Elections on Sunday rejected a request from Gov. Pat McCrory’s campaign to take over election protest reviews, instead setting a 10 a.m. Tuesday meeting to set guidelines for counties to address the complaints. The McCrory campaign has been involved in filing dozens of elections protests regarding dead voters, felon voters, people voting twice and absentee ballot concerns – some of which were rejected by Republican-led county election boards on Friday. Campaign manager Russell Peck asked the state board to rule on all complaints. County elections boards must rule on the complaints first before their decision can be appealed to the State Board of Elections. In a rare “emergency” meeting on Sunday, the state board didn’t rule out the possibility of reviewing election complaints – but it left the initial responsibility with county boards.

North Carolina: Voting complications expected to delay outcome of races | News & Observer

Uncertainty over how many as-yet uncounted votes will be added to the results of last week’s election is not likely to be resolved by Friday’s deadline, delaying the outcome of close races for governor and other offices. Counties are dealing with several complications, including election protests and accommodating a late court order to count the votes of those who say they registered at motor-vehicle offices but did not show up on voter rolls. County elections boards are permitted to extend their vote canvassing, which was to occur Friday, and many if not all are expected to do that, state elections board spokesman Patrick Gannon said. The state board can delay its final certification of the votes by up to 10 days past its own due date of Nov. 29 if some counties don’t report to the state by then, which would postpone the final outcome until Dec. 9.

North Carolina: Republicans Battle to Save Governor, Trailing by Whisker | The New York Times

Democrats and Republicans in this fiercely contested political battleground have regularly resorted to creative legal maneuvers and election-law changes in their efforts to wring every last vote from the state’s nearly seven million voters. But even by that standard, the disputed, hairbreadth race for governor is plowing litigious and acrimonious ground. Scrambling to save the incumbent governor, Pat McCrory, Republicans said they were pursuing protests in about half of North Carolina’s 100 counties, alleging that fraud and technical troubles had pushed the Democratic nominee, Attorney General Roy Cooper, to a statewide lead of more than 6,500 votes. But Republican-controlled county elections boards, including one here in vote-rich Durham County, turned back some of the challenges on Friday. The legal and political jockeying raised the specter of a recount, and it could ultimately climax in a political wild card: Mr. McCrory using a state law to contest the election in the state’s Republican-dominated General Assembly. “We’re supposed to have an inauguration on Jan. 7,” Theresa Kostrzewa, a Republican lobbyist, said Friday. “Are we going to have a governor? That, I think, is what most people are going to start wondering pretty soon.”

North Carolina: Roy Cooper team claims insurmountable gap over incumbent Pat McCrory | News & Observer

Roy Cooper’s election law specialist told reporters on Friday that internal calculations tell the campaign that the attorney general has an insurmountable lead over Gov. Pat McCrory. Cooper, the Democrat, has held a lead of about 5,000 votes since Election Day. That lead has increased to 7,448 votes, according to Marc Elias who spoke to reporters in a phone-in conference. He said he expects that lead to grow slightly, based on the mix of counties that have yet to report outstanding ballots. “This race has simply gotten away from Pat McCrory,” Elias said. “More North Carolinians voted for Roy Cooper than Pat McCrory, and did so by a close but significant margin. There is nothing Gov. McCrory or his legal team are going to be able to do to undo what is just basic math.” McCrory and state Republican officials have filed protests questioning voter integrity in 52 of the state’s 100 counties. The first of those counties that began deliberating those protests on Friday overwhelmingly rejected them.

North Carolina: Appeal planned after Durham County dismisses demand for hand recount | News & Observer

A series of decisions Friday by local elections boards dealt a setback to Republican Gov. Pat McCrory’s hopes of challenging results that have left him trailing in his bid for re-election. Now his campaign is putting its hopes in the N.C. State Board of Elections. Protests have been filed questioning alleged irregularities in 52 of the state’s 100 counties. The first county elections boards that began deliberating those protests on Friday overwhelmingly rejected them. McCrory’s campaign on Friday evening asked the state board to take the protests out of the hands of county boards and decide the issues itself, in order to ensure consistent decisions and a quicker resolution. The state board has not yet responded. Both state and county elections boards are controlled by Republicans.

North Carolina: Counting is far from over for North Carolina governor’s race | Associated Press

All the counting was supposed to be all but over by Friday, but North Carolina’s too-close-to-call governor’s race remains nowhere near done, the State Board of Elections said Thursday. Election officials say delays in receiving information from the Department of Motor Vehicles are causing many of the problems. A federal judge ordered that votes of people who signed up at DMV offices must be counted unless the agency proves they refused to register. Lots of formal local challenges also are postponing final totals as state board figures late Thursday showed Democratic Attorney General Roy Cooper leading McCrory by about 4,600 of the nearly 4.7 million votes already tallied. By Friday, all 100 counties were supposed to finish deciding whether to count or set aside more than 60,000 mailed-in absentee and provisional ballots statewide, unseal the voters’ choices and send updated vote totals for dozens of races to the State Board of Elections.

North Carolina: Durham County Elections Chair: No evidence of inaccurate reporting on 94,000 votes | News & Observer

Officials have seen no evidence supporting questions raised about the accuracy of more than 94,000 votes that were counted manually on election night, Durham County Board of Elections Chairman Bill Brian said Tuesday. “We have seen no evidence to that effect,” Brian said during a Tuesday press conference. “Mr. (Thomas) Stark may have some, but we have seen no evidence to that effect.” Stark, general counsel for the state Republican Party, filed a formal protest Friday contending that the Durham County Board of Elections engaged in “malfeasance” with regard to ensuring the accuracy of votes counted Nov. 8. Durham County officials had to manually enter information after they were unable to upload data from six cards that saved information from ballot tabulators. The votes were pivotal on election night, pushing Democratic gubernatorial candidate Roy Cooper ahead of Republican Gov. Pat McCrory, whose campaign has expressed concern about the votes. Cooper, the state’s attorney general, leads McCrory by about 5,000 votes with some absentee and provisional votes yet to be counted. McCrory can call for a recount so long as the margin between them remains less than 10,000 votes.

North Carolina: Falsified write-in votes alleged in Bladen County | News & Observer

A protest has been filed in Bladen County alleging that a handful of people may have improperly submitted hundreds of absentee ballots, while also getting paid for get-out-the-vote efforts by a community group funded by the N.C. Democratic Party. According to the protest filed by McCrae Dowless, who won election as soil and water district supervisor, the handwriting on a number of ballots and the signatures of some mail-in absentee witnesses were similar. He said the questioned ballots seem to have been cast in favor of a straight ticket of candidates and also to vote for a man named Franklin Graham, who ran a write-in campaign for soil and water district supervisor. A letter the Bladen County elections board wrote to the State Board of Elections, and attached to the complaint, raises the same concerns. While some ballots listed witnesses, few include the documentation that would be required if someone had also assisted the voters, according to the letter.

North Carolina: Could legislators decide governor race? ‘Last resort,’ House speaker says | News & Observer

House Speaker Tim Moore said in a podcast interview posted Tuesday it would be unlikely that the General Assembly would attempt to determine the outcome of the close contest between Gov. Pat McCrory and Attorney General Roy Cooper. “It is an absolute last resort for the General Assembly to be involved,” Moore, a Kings Mountain Republican, said in the interview on “What Matters in North Carolina,” a podcast on the Freedom Action Network website. There has been speculation that the computer problems that delayed counting some of the votes in Durham County on Election Day could set the stage for legislative intervention. State law allows the General Assembly to decide contested elections for the 10 Council of State offices, which includes the governor, and also for legislators. The provision has only been used once before in modern history, when lawmakers named June Atkinson state superintendent of public instruction over Bill Fletcher in 2005, in a process that took nine months to resolve. At the time, the legislature was controlled by Democrats; Atkinson was a Democrat and Fletcher was a Republican.

North Carolina: Durham County defends handling of 90K ballots in governor’s race | Associated Press

North Carolina’s top criminal investigations agency is looking into whether there was wrongdoing in last spring’s primary election in Durham County, the likely ground zero in the ongoing fight over last week’s still-in-doubt race for governor. A State Bureau of Investigation spokesman and Durham’s district attorney confirmed Monday that investigators have been on the case for two weeks. The bureau is investigating whether crimes were committed in the mishandling of more than 1,000 provisional ballots during the March primary elections. Some may have been counted twice and election officials presented the vote count as true when it was wrong, according to an interim report presented to the state elections board in May. The miscount didn’t affect the primary’s outcome. The state board’s completed investigation was turned over to Durham District Attorney Roger Echols, who brought in state investigators Oct. 31, bureau spokesman Shannon O’Toole said.

North Carolina: Gov. Pat McCrory claims voter irregularities in election | News & Observer

Gov. Pat McCrory, trailing in a close race for re-election behind Attorney General Roy Cooper, claims there was “malfeasance” in tabulating votes in Durham County and “irregularities” reported around the state. Cooper’s campaign said nothing improper happened in Durham, and accused McCrory of trying to undermine the election. A formal protest filed Saturday with the Durham County Board of Elections calls for a recount of disputed votes there. About 90,000 votes weren’t counted until late on Election Day. Durham officials said it was due to malfunctioning equipment that led to a backlog, and that it had no impact on the votes cast. The protest was filed by Thomas Stark, who is the general counsel for the N.C. GOP, and announced by McCrory’s campaign. McCrory’s campaign staff said on Saturday that those ballots came from at least five early voting sites and one general election site in Durham County and appear to have been tabulated from corrupted memory cards. The cards could not be properly read by the system and the computers “experienced a critical error,” according to the campaign.

North Carolina: The governor’s race still isn’t over. And it’s about to get even uglier. | The Washington Post

One of the most hotly contested races of 2016 is still being contested. And the North Carolina governor’s race could drag on past Thanksgiving in an ugly way: The Democrat is declaring victory but the Republican incumbent is refusing to concede, and his campaign is raising the possibility of voter fraud. There could even be a recount. Cooper declared victory early Wednesday with a 5,000-vote lead over McCrory out of 4.6 million votes cast. That’s a 0.5 percentage point lead, and it’s small enough that McCrory isn’t willing to concede until thousands of provisional, absentee and military ballots are counted and the election results certified by state election officials. In fact, on Thursday afternoon, McCrory’s campaign announced they hired a lawyer and set up a legal defense fund in preparation to contest the results.

North Carolina: Provisional ballots could decide North Carolina governor’s race | Associated Press

Tens of thousands of uncounted provisional ballots could decide North Carolina’s governor’s race, some which wouldn’t have been counted if the courts had upheld a Republican-backed law that limited voting access. With nearly 4.7 million ballots cast, GOP Gov. Pat McCrory trailed Democratic Attorney General Roy Cooper by about 5,000 votes — even though Republican U.S. Sen. Richard Burr and Donald Trump secured victories by comfortable margins. McCrory was dogged throughout the campaign by his support for a law limiting LGBT rights — a prime example, according to Democrats, of the state’s rightward shift under his watch. Cooper had declared victory, though the race remained too close to call Wednesday. County boards are supposed to decide in the next several days which mailed absentee ballots and provisional votes cast during early voting or on Election Day should be added to the race totals. The trailing candidate could then ask for a recount.

North Carolina: With broken voting machines, a North Carolina city is doing ‘everything by hand’ | Cleveland Plain Dealer

Technology to check in voters was not working working properly in Durham, North Carolina, this morning, forcing elections officials to handle check-in by hand. This is just one of a handful of areas with machines or technology breaking down, and problems have been reported in Virginia, Georgia and North Carolina, too, according to the Brennan Center for Justice at New York University and the Verified Voting Foundation. At this early point, the problems should not interfere with the ability to get accurate vote counts, authorities said. “We have a high degree of confidence that the ballots will be able to be counted” by the end of the day, Verified Voting president Pamela Smith told cleveland.com during a conference call with reporters and a coalition of voting rights groups.

North Carolina: Lawsuit filed to extend Durham voting hours after computer glitch | News & Observer

The Southern Coalition for Social Justice has filed a lawsuit on behalf of Democracy North Carolina for emergency action to keep Durham polls open until 9 p.m. A hearing on the lawsuit is expected shortly before Wake County Superior Court Judge Don Stephens. The filing comes after software glitches in Durham have prompted the county Board of Elections to ask the state for permission to extend voting hours by 90 minutes Tuesday evening. Durham County Board of Elections Chair Bill Brian said the county took its electronic voting system offline after problems popped up at several precincts. Poll workers were unable to look up voter registration information digitally, so they turned to paper records. That requires the use of paper forms, and when some precincts ran out of the forms, voting ground to a halt.

North Carolina: US judge tells North Carolina counties to restore purged voter names to polls | McClatchy DC

A U.S. District Court judge ruled on Friday that four counties must restore names to voter rolls that were part of a recent mass purge. The ruling from U.S. District Judge Loretta Biggs came in response to a lawsuit filed Monday by the state NAACP. In the lawsuit, seeking an emergency halt to voter roll purges in Beaufort, Moore and Cumberland counties, NAACP representatives and several voters affected described the practice as an effort to suppress the African-American vote. At issue was whether the North Carolina law that allows individual voters in this state to challenge anyone’s registration violates the National Voter Registration Act, which “prohibits the mass removal of voters from the rolls within the 90 days prior to the election.” The organization also contends that county election boards did not follow proper notification or hearing procedures for the challenges. “[T]here is little question that the County Boards’ process of allowing third parties to challenge hundreds and, in Cumberland County, thousands of voters within 90 days before the 2016 General Election constitutes the type of ‘systematic’ removal prohibited by the [National Voter Registration Act],” Biggs wrote in her ruling.

North Carolina: Emails show how Republicans lobbied to limit voting hours in North Carolina | Reuters

When Bill McAnulty, an elections board chairman in a mostly white North Carolina county, agreed in July to open a Sunday voting site where black church members could cast ballots after services, the reaction was swift: he was labeled a traitor by his fellow Republicans. “I became a villain, quite frankly,” recalled McAnulty at a state board of elections meeting in September that had been called to resolve disputes over early voting plans. “I got accused of being a traitor and everything else by the Republican Party,” McAnulty said. Following the blowback from Republicans, McAnulty later withdrew his support for the Sunday site.

North Carolina: Voter challenge process seems “insane,” judge says | CBS

North Carolina’s process for challenging voters’ registration seems to harken to a bygone era when fewer safeguards were in place, a federal judge said Wednesday as she presided over a lawsuit that alleges voters are being purged unfairly. Lawyers for North Carolina countered that state data shows only a sliver of names have been removed from county rolls in the past two years – fewer than 7,000 statewide out of 6.8 million registered voters. The comments came during an emergency hearing over NAACP allegations that at least three counties purged voter rolls through a process disproportionately targeting blacks. Early voting is already underway in the critical swing state that the NAACP has previously sued over other voter access issues. So far, North Carolina’s black voter turnout has lagged the 2012 presidential election.

North Carolina: NAACP Sues North Carolina Over Alleged Voter Purge Targeting Black Voters | TPM

The North Carolina chapter of the NAACP, along with a handful of individual voters, sued the state’s elections board and three county elections boards Monday over an alleged voter purge that it claims disproportionately affected African Americans. Some 4,500 voters’ ability to vote is in limbo, the complaint alleges, due to the efforts by a few individuals to challenge their registrations. The NAACP-NC accused state and local officials of violating the National Voter Registration Act and the federal Voting Rights Act in their handling of the challenged voters. The lawsuit was filed in the U.S. District Court for the Middle District of North Carolina. “The Tar Heel state is ground zero in the intentional, surgical efforts by Republicans to suppress the voice of voters,” NAACP-NC President Rev. William Barber II said in a statement announcing the lawsuit. “The NAACP is defending rights of all North Carolinians to participate in this election. We’re taking this emergency step to make sure not a single voters’ voice is unlawfully taken away. This is our Selma and we will not back down and allow this suppression to continue.”