North Carolina: Board of Elections asking if North Carolina voting software company was hacked in 2016 | WSOC

The North Carolina State Board of Elections is asking a voting software company if it was hacked by Russian cyber attackers in 2016. The NCSBE wants to know if VR Systems is "Vendor 1" in the Mueller report. The report indicates that russian intelligence successfully "installed malware on the company network." The letter from NCSBE asks VR Systems for "immediate, written assurance regarding the security" of its network. Nearly two dozen counties in the state used VR Systems in 2016, including Mecklenburg. "What we use it for on is the back end so that we can record provisional ballots, transfers, that sort of stuff that allows us to do it uniformly through 195 different precincts," Mecklenburg County Board of Election Director Michael Dickerson said. VR Systems is based in Tallahassee and used to have an office in Matthews. Emails to the company were not returned.

North Carolina: Mueller report: Did Russian government hack 2016 North Carolina voting? | Raleigh News & Observer

The Mueller report released Thursday found that Russian spies successfully hacked into a U.S. voting software company during the 2016 elections, and North Carolina officials think there’s a chance it was software that’s in use here. The N.C. Board of Elections now has sent a letter to VR Systems, whose voting software was used by 21 North Carolina counties in 2016. The letter, which was first reported by WRAL, asks the company to “provide immediate, written insurance regarding the security of your network.” The Mueller report didn’t specifically name the company. But VR Systems confirmed in a written statement that it’s the company in question. The company’s software can’t be used to count or change votes. Instead, it manages the electronic polling books used to check in voters, to make sure people don’t vote twice. The Mueller report found that “Russian cyber actors in 2016 targeted” the company, and “installed malware on the company network.” Durham County, which had numerous problems and delays in the 2016 elections, was using the company’s check-in software at the time. The Mueller report does not go into the full extent of the hacking, and while it does say at least one Florida county was hacked, the report does not name any North Carolina successes for the hackers.

North Carolina: In wake of Mueller report, North Carolina elections officials want answers from electronic pollbook vendor | WRAL

North Carolina elections officials want to know whether an unnamed voting technology company that Robert Mueller's report says was compromised by Russian hackers is the same firm that supplies poll book software to more than a dozen counties across the state. In a letter to VR Systems sent Thursday afternoon, State Board of Elections General Counsel Josh Lawson asked the company to provide "immediate, written assurance" about the security of its products, which came under fire two years ago when a leaked intelligence report named the company as the target of a Russian hacking attempt known as "spearphishing." Mueller's report, released in a redacted form Thursday morning, notes that, in August 2016, Russian intelligence officers targeted a "voting technology company that developed software used by numerous U.S. counties to manage voter rolls," installing malicious code on the company's network. The name of the firm is blacked out due to "personal privacy" exemptions. Lawson said, based on the leaked intelligence report and a separate 2017 federal indictment, that VR Systems was a target of the GRU, the Russian military intelligence agency.

North Carolina: Davidson County approves resolution regarding voting equipment | The Dispatch

On Tuesday, the Davidson County Board of Commissioners unanimously voted in favor of a resolution that asks the General Assembly to delay decertification of voting machines until the 2022 election. Davidson County uses direct record electronic voting machines that use electronic tabulation with a touch screen. A law passed in 2013 will decertify any system that doesn’t use paper ballots after Dec. 1. Jon Myers, chairman of the Davidson County Board of Elections, said the state prefers paper ballots because there are some who do not have confidence in the electronic voting system and that they would rather have individuals mark a ballot by hand. The county, along with 21 others, may have its voting machines decertified later this year. In the resolution, the Davidson County Board of Elections states that if its current equipment were decertified, the board would not have enough time for accurate testing, training and deployment in time for the elections in March 2020. "The legislation regarding the voting equipment requires that we test equipment before we can purchase," Myers said. "So we would be required to test in the November municipal election before we can order. Even at best, there's no way we could order before mid-November. ... I think it's a very difficult, if not impossible timeline to meet."

North Carolina: Counties Face Tight Timeline To Comply With State Voting Law | WUNC

Counties across the state are working to beat a December deadline to replace touch-screen voting machines with models that use a paper ballot in order to comply with a 2013 state law. Twenty-five counties, including Mecklenburg, Guilford, Forsyth and Union, will need to upgrade all or some of their equipment. North Carolina State Board of Elections spokesperson Patrick Gannon said updating the equipment is important “to ensure that voters are confident that when they cast a ballot, that their choices are recorded properly and they can be audited on the back end if there are concerns about whether or not votes were counted properly.”  There is currently only one voting machine model that’s certified for use, but the State Board of Elections will meet soon to consider certifying additional models.  Gannon said counties making the switch need to test their equipment this fall ahead of the 2020 primary next March. “The counties must be able to test any new system in the municipal election in order for it to be used in an election next year,” he said.

North Carolina: Legislators seek reprieve for Guilford County voting machines | Greensboro News and Record

Ask and ye shall receive — or at least get a reasonable shot at receiving. Two local legislators introduced a bill this week approving more than two years of additional life for Guilford County’s voting machines, only a week after county leaders formally petitioned the General Assembly for just such help. If passed, the bipartisan measure introduced by state Reps. Jon Hardister, R-Whitsett, and Amos Quick, D-Greensboro, would give county taxpayers a reprieve on the estimated $8 million cost of replacing the county’s 1,400-plus machines. The measure also would apply to Alamance County, which faces a similar dilemma and an estimated $2 million in replacement costs. Hardister said Friday afternoon that he filed the bill with Quick and fellow Reps. Dennis Riddell, R-Snow Camp, and Frank Iler, R-Oak Island, after a conversation with Guilford County Board of Elections Director Charlie Collicutt.

North Carolina: Redistricting reformers hopeful about legislation this year | Associated Press

Lawmakers who want to reform the redistricting process in North Carolina say uncertainty over pending map litigation and the shaky balance of power at the legislature make them more optimistic their ideas will be voted on this year. House Democrats and Republicans filed legislation on Wednesday that would create an 11-member "nonpartisan" redistricting commission. The panel would propose new legislative and congressional maps to the General Assembly after each decennial census, the next one of which occurs in 2020. Lawmakers have filed similar bills in previous years, unsuccessfully. The House and Senate revise and approve General Assembly and congressional districts based on population changes from the census. For generations, majority parties have pushed through maps favoring their sides. When they were in the minority 10 years ago, many Republicans supported the idea of the commission. In the years since regaining General Assembly control, they largely have set the proposal aside.

North Carolina: There’s at least one special election coming to North Carolina soon | Roll Call

The death of North Carolina Rep. Walter B. Jones over the weekend opens up a safe Republican seat on the state’s east coast. The governor must call a special election for the 3rd District. But there is no statutory time frame, so the timing will be up to Democratic Gov. Roy Cooper. Further west, in the 9th District, voters are still waiting to hear whether there will be a special election for the vacant seat — the results of the 2018 election between Republican Mark Harris and Democrat Dan McCready have not been certified. The North Carolina State Board of Elections is holding an evidentiary hearing on allegations of election fraud on Feb. 18.

North Carolina: New board gets private preview of Congressional race probe | Associated Press

A reconstituted North Carolina elections board received a private preview Thursday of what investigators uncovered in their probe of absentee ballot irregularities in the country’s last unresolved congressional race. Chairman Bob Cordle said the new five-member State Board of Elections received a “full briefing” on findings in the 9th Congressional District race. The members met behind closed doors with attorneys and investigators for nearly four hours. Cordle said the findings will be released publicly at a hearing Feb. 18. He said the board will vote at the hearing’s close on whether to certify the 9th District results, order a new election or take some other step.

North Carolina: Millions of Voting Records Sought, Hundreds Given | Associated Press

North Carolina officials said Wednesday they will turn over nearly 800 voter files sought last year by a federal investigation believed to involve voter fraud that sought millions of records. The state elections board said it is responding to grand jury subpoenas by providing records for 289 people who previously registered to vote in eastern North Carolina and another 500 people outside the region. The state board had called the subpoenas served on it and 44 county elections boards in August by Raleigh-based federal prosecutors overly broad and unreasonable. Those requests for ballots, poll books, registration applications and other documents totaled more than 20 million records, the state elections board estimated last year.
The state elections board said it is responding to grand jury subpoenas by providing records for 289 people who previously registered to vote in eastern North Carolina and another 500 people outside the region. The state board had called the subpoenas served on it and 44 county elections boards in August by Raleigh-based federal prosecutors overly broad and unreasonable. Those requests for ballots, poll books, registration applications and other documents totaled more than 20 million records, the state elections board estimated last year.

North Carolina: Opponent says Mark Harris knew about fraud in 9th District election and turned blind eye to it | WRAL

Republican Mark Harris needs to testify under oath as to what he knows about alleged absentee ballot fraud in the 9th Congressional District election, his opponent said Tuesday. Harris leads Democrat Dan McCready by about 900 votes in the race, but the State Board of Elections has refused to certify the results because of suspected voting irregularities in Bladen and Robeson counties. Harris has acknowledged hiring Bladen County political operative McCrae Dowless to oversee absentee ballot operations in the county. Several people have told reporters that Dowless paid them to pick up mail-in ballots, a felony under North Carolina law due to tampering concerns. Dowless has, through his attorney, denied any wrongdoing, but he hasn't yet sat down with elections board investigators looking at the 9th District.

North Carolina: Decision on new election expected this month in 9th district fraud investigatio | Raleigh News & Observer

The newly appointed state board of elections plans to vote on whether to certify the election — or call for a new one — in North Carolina’s 9th Congressional District after a hearing on Feb. 18 and 19 in Raleigh, the board’s chairman said Monday. The five-member board, appointed by Gov. Roy Cooper on Jan. 31, will begin its evidentiary hearing at 10 a.m. at the North Carolina State Bar in Raleigh. The hearing is expected to last for two days, but the site has been reserved for three. Republican Mark Harris leads Democrat Dan McCready by 905 votes in the unofficial results from the 9th district. But the previous nine-member state board twice declined to certify the results, citing irregularities among mail-in absentee ballots in Bladen and Robeson counties.

North Carolina: Voter-fraud investigation in North Carolina focuses on immigrants | The Washington Post

At about 4 a.m. on Aug. 23, federal agents rousted Jose Solano-Rodriguez from his bed in the suburbs of Raleigh. A couple of hours later, three agents knocked on Hyo Suk George's door as she fed her rabbits and chickens in rural Columbus County. Jose Ramiro-Torres was at his job at a fencing company near the Outer Banks when his girlfriend called to tell him to come home, where federal agents were waiting. In all, 20 immigrants - two still in pajamas - were rounded up over several days, many of them handcuffed and shackled, and charged with voting illegally in the 2016 presidential election. The sweep across eastern North Carolina was one of the most aggressive voting-fraud crackdowns by a Trump-appointed prosecutor - and also a deliberate choice that demonstrates where the administration's priorities stand. At the time of the arrests, an organized ballot-tampering effort that state officials had repeatedly warned about was allegedly gearing up in the same part of North Carolina. The operation burst into public view after Election Day in November, when the state elections board, citing irregularities in the mail-in vote, refused to certify the results of the 9th Congressional District race. That seat remains unfilled while state officials investigate.

North Carolina: New elections board named, allowing 9th District investigation to proceed | WRAL

After more than a month without a State Board of Elections, Gov. Roy Cooper on Thursday named five people to the reconstituted board. Cooper named Democrats Stella Anderson of Boone, Jeff Carmon III of Durham and Bob Cordle of Charlotte and Republicans David C. Black of Concord and Ken Raymond of Winston-Salem to the five-member board. "North Carolinians deserve fair and honest elections, and I am confident this board will work to protect our electoral process,” Cooper said in a statement. The board via conference call Thursday afternoon and elected Cordle chairman and Anderson secretary. Another meeting will be held next week, at which time members will set a date for a hearing into the ongoing investigation of alleged absentee ballot fraud in the 9th Congressional District race.

North Carolina: With deadline looming, effort to name new state elections board hits a snag | Charlotte Observer

The effort to find members for a new North Carolina state elections board has hit a snag, just before a deadline for a new board to be named. Democratic Gov. Roy Cooper’s office on Tuesday found two of the four Democrats nominated to the board ineligible. A new board is scheduled to be appointed by Thursday. The new board will oversee the investigation into alleged election fraud in the 9th District, a probe that has put into question the results of last November’s election. Republican Mark Harris leads Democrat Dan McCready by 905 votes in unofficial results. But the old elections board twice declined to certify his victory because of alleged irregularities with absentee ballots in Bladen County. The old board was dissolved by court order Dec. 28 as part of a separate case.

North Carolina: New election board could steer the 9th District to resolution – or stalemate | Charlotte Observer

A new state elections board expected to be named this week could finally resolve North Carolina’s disputed 9th District congressional election — or push it even deeper into uncharted territory. Democratic Gov. Roy Cooper is scheduled to appoint the new, 5-member State Board of Elections by Thursday. It’s expected to schedule a hearing into allegations of election fraud in the 9th District. But from there the bipartisan board could deadlock, refusing to either certify the election of Republican Mark Harris or order a new election. That would further delay resolution of a situation that already has left 733,000 North Carolinians without representation in Congress. “This situation is unprecedented,” Democratic U.S. Rep. Zoe Lofgren, who chairs of the House Administration Committee, told Politico this month. Harris leads Democrat Dan McCready by 905 votes in unofficial returns. But in late November the previous state board twice declined to certify the election, citing reports of absentee ballot irregularities centered in Bladen County. The board launched an investigation, which has continued even after a court dissolved the board on Dec. 28 over a separate dispute.

North Carolina: Do state investigators really have evidence to call 9th District margin into question? | WRAL

The new State Board of Elections, which won't be named for another week, is probably the most awaited appointed board in North Carolina in recent memory – all because a congressional seat hangs in the balance. The 9th Congressional District seat is the only vacant seat in Congress because of allegations of absentee ballot fraud in Bladen and Robeson counties that has prompted a state investigation. Republican Mark Harris held a 905-vote lead over Democrat Dan McCready after the November election, but the former state board, which was dissolved in December after a court ruled its makeup unconstitutional following a separate legal battle, has refused to certify the results and declare a winner.

North Carolina: New elections board won’t start for a week. But it’s already deep in controversy. | Charlotte Observer

North Carolina’s new bipartisan elections board won’t be named for a week, but it’s already sparked more partisan sniping in the midst of what could be the state’s biggest election scandal in years. The attacks began after former board Chairman Josh Malcolm, a Democrat who sparked the investigation into election fraud in the 9th Congressional District, told the Observer that he will not serve on a new board. Republican Sen. Dan Bishop of Charlotte and GOP Rep. David Lewis of Harnett County, who chair election committees, called Malcolm’s decision, coupled with the December resignation of then-Chairman Andy Penry, “the inevitable result of (Gov. Roy) Cooper’s crusade to make the Board an arm of his political machine.”

North Carolina: Judge rules against Mark Harris in North Carolina 9th election fraud case | News & Observer

The state’s investigation into alleged election fraud by the Mark Harris campaign will continue, a judge ruled Tuesday morning. Harris is the Republican candidate who appeared to narrowly win an election for North Carolina’s 9th District seat in the U.S. House of Representatives in the 2018 elections. But the state has not certified his victory, due to an ongoing investigation into alleged fraud related to mail-in absentee ballots. Harris and his legal team had asked Wake County Superior Court Judge Paul Ridgeway to order the state to certify the results of the election despite the investigation, which could then send Harris to Congress. Following two hours of arguments from Harris’ lawyers Tuesday morning, as well as lawyers for the state and Harris’ 2018 Democratic opponent Dan McCready, Ridgeway said he would deny Harris’ request. “This is an extremely unusual situation, with no board in place, and asking this court to step in and exert extraordinary power in declaring the winner of an election, when that is clearly the purview of another branch of government,” he said during the hearing.

North Carolina: GOP, Democrats make closing arguments before 9th District dispute heads to court | WRAL

Republican and Democratic officials held dueling news conferences in Raleigh on Monday regarding the disputed 9th Congressional District election, one day before a court hearing that could decide the winner in the race. Republican candidate Mark Harris is asking a judge to issue a writ of mandamus, which would essentially order the State Board of Elections to certify the results of the 9th District election and declare him the winner. He is recovering from an infection and said Monday he won't be able to attend Tuesday morning's court hearing. Harris led Democrat Dan McCready by about 900 votes following the election, but the state board has refused to certify the results because of suspicious absentee voting results in Bladen and Robeson counties. Harris has acknowledged hiring Bladen County political operative McCrae Dowless to oversee absentee ballot operations in the county. Several people have told reporters that Dowless paid them to pick up mail-in ballots, a felony under North Carolina law due to tampering concerns.

North Carolina: Officials haven’t handed over massive trove of voter data to feds | WRAL

A demand from the U.S. Department of Justice for data on North Carolina voters has so far gone unanswered by state officials, despite a deadline to produce the records that passed this week. State Board of Elections General Counsel Josh Lawson said neither his office nor any of the county elections boards have provided any documents in response to subpoenas from the office of U.S. Attorney Robert Higdon. The subpoenas were originally issued in September and demanded eight years' worth of data on voters statewide, including five years of data and executed ballots from voters in 44 counties, as part of a grand jury investigation involving U.S. Immigration and Customs Enforcement and the U.S. Department of Homeland Security. Complying would have required state and local boards, as well as the state Division of Motor Vehicles, to hand over millions of records on the state's registered voters just six weeks before the November election. Mounting concern over the demand prompted Justice Department attorneys days later to delay the production deadline until Jan. 14, clarify they wanted only redacted documents and offer to scale back the request.

North Carolina: Why does the GOP believe Mark Harris should take office? | Charlotte Observer

North Carolina Republicans ratcheted up their drive to put Mark Harris in Congress on Tuesday, questioning “the entire legitimacy” of a state investigation into allegations of election fraud in the 9th Congressional District. North Carolina Republican Party Chairman Robin Hayes accused elections officials of “one stalling pattern after another” in a meeting with reporters in Charlotte. “When there (isn’t) evidence that irregularities would change the outcome of the election, Mark Harris should be certified,” Hayes said. “If they had discovered a shred of evidence, they would have made it public.” State law, however, allows for the board to call for a new election if “Irregularities or improprieties occurred to such an extent that they taint the results of the entire election and cast doubt on its fairness.” The McCready campaign, in a legal brief filed Monday in Wake County Superior Court, called that finding “an inevitable conclusion” to the case.

North Carolina: House Administration Democrats keeping close eye on North Carolina election | Politico

The top Democrat on the House Administration Committee is closely monitoring the ongoing investigation in North Carolina's contested 9th Congressional District, advising the state elections board to “preserve and protect” all of the evidence it has gathered. Rep. Zoe Lofgren (D-Calif.), chair of the Administration Committee, raised the possibility that her panel could intervene to determine “the rightful claimant to the seat” in North Carolina. After election night, Republican Mark Harris held a 905-vote lead over Democrat Dan McCready in the vote count — but the election board subsequently refused to certify the results, citing election fraud allegations against a contractor for Harris' campaign and questions of ballot irregularities. In a letter to the state election board sent Friday evening, Lofgren also pointed out that a “certificate is not ultimately determinative of the House’s course of action.”

North Carolina: 9th District election dispute grinds through courts | CNN

A Superior Court judge in North Carolina has set a hearing in a lawsuit filed by Republican candidate Mark Harris asking the court to force the State Board of Elections to certify the results of the state's 9th Congressional District election -- before the board completes its investigation into potential fraud in the race. The hearing is set for January 22. There is still no clear resolution to the controversy over the results in North Carolina's 9th District more than two months after Election Day. Harris leads the race by 905 votes over Democrat Dan McCready, but there are serious questions surrounding an absentee ballot operation led by a political consultant he hired.

North Carolina: Legislative leaders want to be part of voter ID lawsuit | WRAL

Lawyers for Senate President Pro Tem Phil Berger and House Speaker Tim Moore filed a motion in federal court Monday to intervene in a lawsuit challenging rules to implement North Carolina's new requirement that voters present photo identification at the polls. Voters approved adding the ID requirement to the state constitution in November, and lawmakers adopted rules last month outlining what IDs would be accepted. The NAACP quickly sued to block the legislation, naming Democratic Gov. Roy Cooper and the State Board of Elections as defendants. Cooper vetoed the voter ID rules, and the elections board has since been dissolved by a court order in a separate case, Berger and Moore noted. Also, both parties would be represented in court by Democratic Attorney General Josh Stein's office, they said.

North Carolina: Election board investigated GOP operative at center of fraud probe as far back as 2010: report | The Hill

The man at the center of election fraud allegations in North Carolina's 9th Congressional District was once investigated over allegations that he paid voters to fill out ballots, a former election board investigator says. Marshall Tutor, a former investigator for North Carolina's Board of Elections, told The Associated Press that the board investigated Leslie McCrae Dowless Jr. in 2010. The probe was opened following accusations that Dowless was part of a group paying people to vote in the manner the group directed. Tutor told the AP that the 2010 investigation didn't result in criminal charges against Dowless because there wasn't a strong enough case against him. “Dowless was throwing a lot of money around,” Tutor said. “There was no paper trail. Witnesses refused to give sworn statements or testify in court. No one was going to admit they were paid $5 to vote. But where there’s that much smoke, there was fire.”

North Carolina: House Democrats prepare to probe disputed North Carolina election | Politico

House Democrats are preparing to launch their own investigations into the disputed congressional election in North Carolina, where Republican Mark Harris’ campaign is facing fraud allegations and the state elections board had refused to certify the results. Harris’ campaign has sued in state court to be seated in Congress, despite an ongoing investigation by the elections board that suffered a setback when the board was dissolved at the end of 2018. Harris leads Democrat Dan McCready by 905 votes in the unofficial vote count, but voters and election workers have filed numerous affidavits detailing irregularities during the election, including reports that McCrae Dowless, a subcontractor for Harris’ campaign consultants, ran an operation that collected and marked voters’ absentee ballots. The House Democratic investigations could pave the way for a new election in the district, even if the court orders the board of elections to certify Harris as the winner instead of the board ordering a re-vote itself. The House Administration Committee, now controlled by Democrats, has the authority to call for another election after investigating the 2018 results.

North Carolina: Fight over 9th District election could drag on for months, with no one seated | Charlotte Observer

A new election might not take place in North Carolina’s disputed 9th District for months even if a new State Board of Elections orders a re-run of the contest, leaving local elections officials scrambling and constituents without representation in the U.S. House. “The election might wind up in November,” said Gerry Cohen, former special counsel for the North Carolina General Assembly. “Obviously, people would like to have the vacant seat filled earlier. There’s a lot of moving pieces.” And the timetable for seating a representative in the district that stretches from south Charlotte to Fayetteville got even murkier this week. Gov. Roy Cooper said Wednesday that a planned Jan. 11 hearing by the state elections board won’t happen, after the board was dissolved by a three-judge panel last week following a long-running, partisan battle between Cooper and the state legislature over its makeup.

North Carolina: ‘No reason to doubt the legitimacy of the outcome,’ Harris says as he sues to join Congress | News & Observer

While winners of 2018 House races were being sworn into a new Congress in Washington on Thursday, Republican Mark Harris met with staff from the North Carolina state board of elections in Raleigh. Harris and two attorneys met with state board Executive Director Kim Westbrook Strach and Chief Investigator Joan Fleming for nearly two hours Thursday morning, the board said in a news release. Earlier in the day, Harris filed a motion with the Wake County Superior Court urging the court to compel the board to certify his election. “It’s during this hour,” Harris said, “my 434 colleagues in the U.S. House of Representatives will raise their hand and take the oath of office and be seated. I’m the one seat remaining of the 435 to be seated.”