North Carolina

North Carolina lawmakers try again to remove literacy test, a Jim Crow relic, from NC constitution | Laura Leslie/WRAL

North Carolina's constitution still requires a literacy test for voting, a Jim Crow-era tactic used to keep Black voters away from the polls. State House lawmakers are trying again to ask voters to remove it. Article VI, Section 4 of the state constitution requires that "Every person presenting himself for [voter] registration shall be able to read and write any section of the Constitution in the English language." In 1965, the federal Voting Rights Act banned the use of literacy tests for voting. Gaston County challenged that provision in court, and the U.S. Supreme Court upheld the VRA in 1969 and banned North Carolina from using the tests. In response to the ruling, state lawmakers approved an amendment to remove the requirement from the state constitution. It was put on the ballot in 1970, but North Carolina voters defeated it. So, it's still there.

Full Article: Lawmakers try again to remove literacy test, a Jim Crow relic, from NC constitution :: WRAL.com

North Carolina: Ex-Trump lawyer Sidney Powell served at home near Asheville with $1.3B Dominion Voting lawsuit | Joel Burgess and William Cummings/Asheville Citizen

After evading attempts for weeks by a civil process server that included being “pursued over state lines,” ex-Donald Trump lawyer Sidney Powell was served with a $1.3 billion lawsuit at her Biltmore Forest home, near Asheville, according to recently filed court papers by Dominion Voting Systems. Dominion filed the defamation lawsuit against Powell Jan. 8 in U.S. District Court for the District of Columbia. But attempts to officially serve the Texas-based attorney with the summons took until Jan. 28, said attorneys for the company. “Powell evaded service of process for weeks, forcing Dominion to incur unnecessary expenses for extraordinary measures to effect service, including hiring private investigators and pursuing Powell across state lines,” according to a Feb. 9 answer to Powell’s request for more time to respond to the complaint. She is being sued over her false claims that the company, which manufactured electronic voting machines used by some districts in the 2020 election, changed votes for then-President Trump to votes for then-President-elect Joe Biden.

Full Article: Lawyer Powell served in NC with Dominion Voting lawsuit | Charlotte Observer

North Carolina: One GOP legal claim failed in 2020 but could change how future elections are run | Jordan Wilkie/Carolina Public Press

Republicans around the country turned to an untested legal theory to challenge changes to state election laws during the COVID-19 pandemic and the subsequent national election results. The theory, called the independent state legislature doctrine, would vest more authority in state legislatures to set rules for federal elections with fewer checks by other state bodies like courts or board of elections.  North Carolinian Republicans used the theory, based on a strict reading of the U.S. Constitution’s elections clause, to challenge almost every stage of election governance. In the end, these efforts failed to change the results of the election. But they fanned the flames of a constitutional argument that could reshape the way states create rules for federal elections. The elections clause made its appearance in North Carolina’s elections when state House Speaker Tim Moore and state Senate leader Phil Berger sued the State Board of Elections in September. The board had settled a separate lawsuit, pending state court approval, with a Democratic-backed group that would temporarily change some state election laws like allowing a longer window for by-mail ballots to be delivered. Moore and Berger argued in both state and federal courts that the Elections Board couldn’t actually enter into such an agreement, and a state court couldn’t ratify it, in part because neither had the authority to change state laws under the elections clause of the U.S. Constitution. 

Full Article: One GOP legal claim failed in 2020 but could change how future elections are run - Carolina Public Press

North Carolina: Despite More Absentee Ballots, 2020 Election Had Lower Rejection Rate | Michael Falero/WFAE

North Carolina election officials knew there would be difficulties during the 2020 election, with the pandemic and a historic rise in absentee-by-mail voting. But new data show these obstacles didn’t lead to a higher rate of rejected mail ballots. Turn back the clock to North Carolina’s primary in March 2020, and the rate of rejection for absentee-by-mail ballots was nothing to be proud of: 9.1%. It might have been seen as a bad omen for the general election in November. But new data from the State Board of Elections show at most 2.4% of all absentee-by-mail ballots were rejected. That number doesn’t mean each one of those voters didn’t end up voting successfully, and the true rejection rate could be lower. For example, a voter could have received a damaged ballot and called their county elections board to ask for a new one. The old ballot would still count as rejected, but the voter would receive a new ballot to vote. In all, 993,648 absentee-by-mail ballots were accepted with no problems, and 7,947 ballots were accepted after voters fixed them through the state’s ballot curing process. Karen Brinson Bell, executive director for the North Carolina State Board of Elections, believed the low rate of rejected ballots this year is the result of proactive efforts by election officials around the state.

Full Article: Despite More Absentee Ballots, NC’s 2020 Election Had Lower Rejection Rate | WFAE 90.7 - Charlotte's NPR News Source

North Carolina state senator OK with suspending civil liberties in wake of Trump’s defeat | Travis Fain/WRAL

A North Carolina senator suggested Tuesday that the president might suspend basic liberties to overturn an election that he believes, without evidence, was stolen. Sen. Bob Steinburg, R-Chowan, paraphrased on his Facebook page comments that retired Gen. Thomas McInerney made earlier this month on a conservative talk show. Among other things, McInerney suggested President Donald Trump declare a national emergency, invoke the Insurrection Act and suspend habeas corpus. Steinburg told WRAL News on Tuesday evening that he wasn't endorsing the idea, just "putting out there options that others say still remain on the table," though he later said he'd be on board with it. In an extended harangue, Steinburg also made it clear he believes the recent presidential election was stolen and that Trump is the victim of a conspiracy to which multiple countries, the media, U.S. government agencies, officials and judges are either a part or turning a blind eye. “There’s something going on here bigger than what anybody is willing to talk about," he said. "I’m not nuts. … I’m not a conspiracy theory person. I don’t like them. I don’t like conspiracy theories at all. But something is going on here that’s bigger than meets the eye.” Steinburg then offered, unprompted, to take a psychiatric evaluation. He said the CIA and FBI both know there's a coup d'etat going on in the country but won't do anything about it.

Full Article: NC senator OK with suspending civil liberties in wake of Trump’s defeat :: WRAL.com

North Carolina: Protests, recounts for state’s chief justice election results | Danielle Battaglia/Charlotte Observer

North Carolina’s next Supreme Court chief justice remains undecided and likely will stay that way until at least Dec. 18. Incumbent Chief Justice Cheri Beasley, a Democrat, filed 87 protests across the state and contends that thousands of North Carolina votes were wrongly disqualified. It’s unclear how many of Beasley’s protests remain outstanding but she has filed 48 appeals for those that have been dismissed. Her opponent, Justice Paul Newby, the Republican candidate filed 14 protests and 12 appeals. Newby likely will succeed Beasley after leading the race with 401 votes following a statewide machine recount that concluded last week. Beasley also demanded a hand-to-eye recount that began Monday and is scheduled to finish Dec. 14. Beasley filed protests throughout the state alleging that some county board of elections offices had made errors when reviewing ballots after election law changes went back and forth in federal and state courts after the election had already begun. Those changes included extending the number of days that ballots would be accepted following the election.

Full Article: Protests, recounts for NC’s chief justice election results | Charlotte Observer

North Carolina: No decision: Recount ends without determining state’s chief justice | Jordan Wilkie/Carolina Public Press

Late Wednesday night, Forsyth County completed its recount in the race for the chief justice of the N.C. Supreme Court. It was the last county to cross the finish line in  process that was supposed to be completed a week earlier. Off camera in the livestream of the county’s election warehouse, someone said, “Bye, guys. See you at the second recount.” Much to the chagrin of election officials — and reporters — around the state, that joke will come true, as the race for the chief justice of the state Supreme Court remains undecided, possibly for weeks to come. Chief Justice Cheri Beasley, a Democrat whose term ends on Dec. 31, currently trails her opponent, Republican Paul Newby, by 401 votes, or eight-thousandths of a percent out of the almost 5.4 million votes cast in the race. Even if Beasley loses her seat, Democrats retain 4-3 control of the state Supreme Court. The chief justice position holds power through a variety of duties in the state’s court system. The role is responsible for appointing other judicial leaders, including commission members, three-judge panels for certain cases and the director and assistant director of the Administrative Office of the Courts. The chief justice also designates the chief judge of the Court of Appeals.

Full Article: No decision: Recount ends without determining state's chief justice - Carolina Public Press

North Carolina: Federal appeals court backs voter ID law | Travis Fain/WRAL

A 4th U.S. Circuit Court of Appeals panel unanimously reversed a lower court's ruling on voter ID on Wednesday, paving the way to require photo identification in the state's next elections. The panel of three judges said the lower court made numerous errors and "abused its discretion" in blocking the state from requiring photo ID during the November elections, a requirement voters wrote into the North Carolina constitution in 2018. U.S. District Judge Loretta Biggs blocked implementation a year ago, pointing in part to past evidence of racial discrimination in North Carolina and a previous federal court decision to block a 2013 voter ID law as discriminatory. The 4th Circuit judges acknowledged in their opinion Wednesday that there is "a long and shameful history of race-based voter suppression in North Carolina," but they said courts must presume legislatures act in good faith when laws are passed. "The outcome hinges on the answer to a simple question: How much does the past matter?" the judges said in their opinion. "A legislature’s past acts do not condemn the acts of a later legislature, which we must presume acts in good faith." The judges also said Biggs' decision to block voter ID during the past elections was riddled with "fundamental legal errors."

Full Article: Federal appeals court backs NC voter ID law :: WRAL.com

North Carolina Republicans Calling For Change To State Board Of Elections | Coleen Harry/WFAE

The 2020 general election is notable in many ways. Turnout was a record 75% in North Carolina. A little more than 1 million people voted by mail-in ballots. But it could be the election that prompts state lawmakers to change who’s in charge of administering future elections. As co-chair of the N.C. Senate Elections Committee, Sen. Paul Newton, intends to propose an oversight board for the State Board of Elections. “I think we’re going to be looking at an oversight board that examines the Board of Elections to make sure they’re following the law,” said Newton, a Republican who represents parts of Cabarrus and Union counties. He said the State Board of Elections sidestepped the legislature in August when it signed off on a settlement that gave a six-day extension to how long mail-in ballots would be accepted. Instead of a Nov. 6 deadline, the board agreed ballots could be accepted until Nov. 12 as long as they were postmarked by Election Day, Nov. 3. “An elections board does not have the power to change state law. It shouldn’t,” Newton said. “Do we pass a law that says you need to follow the law? Well, in a sense, that’s what we’re left with.” The General Assembly approved the Nov. 6 date in June as part of legislation that made several accommodations to deal with the pandemic, including making it easier to vote with mail-in ballots. The legislation was lauded as an example of compromise between Democrats and Republicans.

Full Article: NC Republicans Calling For Change To State Board Of Elections | WFAE 90.7 - Charlotte's NPR News Source

How are North Carolina counties going to recount millions of ballots? | Jordan Wilkie/Carolina Public Press

North Carolina is conducting a statewide recount, spurred by one of the closest elections the state has ever seen. The Republican candidate for chief justice of the state Supreme Court, current Associate Justice Paul Newby, leads Democratic incumbent Cheri Beasley by 406 votes, or seven-thousands of a percent. In the span of a few days, every county in North Carolina will recount each of the more than 5.5 million ballots cast in this election, which saw record-setting turnout. While voters cast those ballots over the span of weeks, counties have until Nov. 25 to finish the second count. “It’s a very methodical process that needs to be done in a very condensed time frame,” said Robert Inman, Haywood County’s elections director. Inman, like a fifth of North Carolina’s election directors, is doing his first recount with paper ballots. Until the end of 2019, 21 counties were using touchscreen voting machines that stored votes on memory cards. During the 2016 recounts, these counties simply had to rerun those memory cards through the computer, which yielded the same results.

Full Article: How are NC counties going to recount millions of ballots? - Carolina Public Press

North Carolina chief justice race still tight as counties finish count | Gary D. Robertson/Associated Press

Candidates in North Carolina’s still-undecided races for Supreme Court chief justice and attorney general awaited final official results from just a few remaining locales. Two counties on Monday already adjusted previous tallies due to administrative errors. Current Chief Justice Cheri Beasley, a Democrat, and Republican challenger Paul Newby remained in an extremely close election. A statewide recount in that race was likely, as they were separated by only hundreds of votes after nearly 5.4 million had been counted. Democratic Gov. Roy Cooper elevated Beasley, an associate justice, to chief justice in early 2019. Newby is the senior associate justice, joining the court in 2005. As of Monday evening, state results showed Newby 285 votes ahead. Beasley narrowly led over the weekend, after boards in about 90 of the state’s 100 counties completed their canvass of results on Friday. The lead flipped early Monday when the Washington County election board amended the results of its mail-in absentee balloting. Officials there mistakenly had created two records for each mail-in vote, according to the State Board of Elections. The only other county with significant vote totals yet to be counted was Robeson County, whose board was still evaluating late Monday hundreds of provisional ballots cast on Election Day and mail-in ballots received afterward, according to Pat Gannon, a state board spokesperson. The results of about 1,950 ballots cast at an early in-person voting site in Pembroke but inadvertently not uploaded on election night were added to totals early Monday evening.

Full Article: N.C. chief justice race still tight as counties finish count

North Carolina counties finalize elections just past deadline | Jordan Wilkie/Carolina Public Press

With good reason, counties can extend the time it takes them to finalize their election results. Seven counties met Monday, and two more will meet Tuesday to do just that. Two counties met to fix significant problems. Robeson County had previously failed to upload the votes from an early voting site, according to a press release by the N.C. State Board of Elections. Robeson County also needs to process 700 provisional ballots and 30 by-mail ballots. This will be the last large batch of ballots that could affect the outcome in the chief justice for North Carolina race. It is the closest statewide race and the only one left in question. At the moment, Republican candidate Paul Newby leads Democratic candidate Cheri Beasley by 231 votes. If Robeson is in line with the rest of the state, only about half of the provisional ballots will be approved, meaning Beasley would have to win about two-thirds of those votes to catch up. The county is expected to finalize its results Monday night. An error in Washington County significantly hurt Beasley, who had held a slight lead. Washington County is using an older voting system, called Unity from the election vendor Elections Systems and Software, which the county has had in place since 2006. The county had an unknown error with the Unity system in which the by-mail votes were counted twice, according to the county’s elections director, Dora Bell.

Full Article: NC counties finalize elections just past deadline - Carolina Public Press

North Carolina election recount possible in AG, chief justice races | Danielle Battaglia/Raleigh News & Observer

North Carolina could be headed toward recounts in two key races where candidates held narrow margins over their opponents. Since Nov. 3, the races between Cheri Beasley and Paul Newby for Supreme Court chief justice and Josh Stein and Jim O’Neill for attorney general have been too close to declare a winner. State law allows a candidate to request a recount in statewide races if they are trailing their opponent by less than 0.5% or 10,000 votes, whichever is less. The candidate must request the recount by Nov. 17, the second business day after the counties certify their election results, which was mostly taking place Friday. Beasley was leading her challenger by just 35 votes, well within those margins, as of 9 a.m. Sunday. But Stein led O’Neill by around 14,000 votes, making a recount look increasingly unlikely. Five counties still had not reported final vote totals.

Source: NC election recount possible in AG, chief justice races | Raleigh News & Observer

North Carolina doesn’t verify voter signatures on mail-in ballots. Is that a problem? | Helen Mamo/Charlotte Observer

As local boards of elections meet this week to review the final set of mail-in ballots, they’ll look to make sure that the voter’s name and signature are on the front of each envelope. But they won’t look to see if that signature matches one on file somewhere, because voter signature matching is not required in North Carolina. Signature matching is a common practice, required in 30 states, to help protect the legitimacy of absentee mail-in ballots. But it’s not mandated in everywhere, including in key battleground states such as Wisconsin and Pennsylvania. Karen Bell, the executive director of the N.C. State Board of Elections, explained North Carolina’s policy in a memo in August. “County boards shall accept the voter’s signature on the container-return envelope if it appears to be made by the voter, meaning the signature on the envelope appears to be the name of the voter and not some other person,” Bell wrote.

Full Article: North Carolina: No mail-in voter signature matching required | Charlotte Observer

North Carolina: With the nation’s focus elsewhere, North Carolina is still collecting, counting and too close to call. | Michael Gold/The New York Times

Full Article: With the nation’s focus elsewhere, North Carolina is still collecting, counting and too close to call. - The New York Times

North Carolina could see deluge of postelection litigation, challenges and protests | Jordan Wilkie/Carolina Public Press

In an election year that has seen more lawsuits than any election ever before, in which President Donald Trump has broadcast plans to heavily litigate the results, and a month of legal fights in North Carolina over changing election rules, a spokesperson for Republican state Senate leader Phil Berger’s office said nobody wants protracted postelection litigation. “That’s never good,” Pat Ryan, Berger’s spokesperson, said. That is, however, what is expected. Tomas Lopez, who runs the voter rights group Democracy NC, expects to see voter challenges and election protests on Election Day and before Nov. 13, when counties are scheduled to make their vote counts official. “I think that if there’s a litigation option that’s out there on all sides of this, there’s a good chance that it will be invoked,” Lopez said.The first rush of election litigation has passed, but it in many ways simply set the field for postelection legal fights. While lawsuits can no longer much affect how voters cast their ballots, the coming fight will be over which ballots are counted. Lopez’s group wants every lawful vote to be counted, he said. But the litigation brought by political parties seeks more to influence the outcome of the election.

Full Article: Forecast: NC could see deluge of postelection litigation, challenges and protests - Carolina Public Press