North Carolina

The North Carolina Board of Elections 9-0 vote last week to fight a wide-ranging subpoena from the U.S. Justice Department was a rare moment of bipartisanship in the state, with Republicans saying the federal government overreached in an apparent effort to fight voter fraud. The board’s four Republicans voted with the four Democratic members and one unaffiliated member. The U.S. Justice Department and Immigration and Customs Enforcement have asked for more than 20 million election documents and ballots, from 2010. The subpoena asked for about 2.3 million absentee ballots from the last five years. Absentee ballots – which were mostly cast during early voting – are traceable to the voter. That means the federal government could have determined how people voted.

Federal investigators seeking a massive number of voting records from North Carolina election officials also want voter registration documents from the state Division of Motor Vehicles. A DMV spokesman confirmed Monday that the agency had received a subpoena recently from the U.S. Attorney’s Office in Raleigh. Prosecutors want voter registration applications since 2010 that meet at least one of the several criteria, including applications from foreign-born applicants and from non-U.S. citizens “completed in a language other than English,” according to a copy of the subpoena. The state elections board is already fighting to block federal subpoenas sent to it and 44 county elections boards, calling them overly broad and unreasonable. The state board estimated those requests for ballots, poll books, absentee ballot requests, registration applications and other documents would cover more than 20 million records.

In a further sign of the sprawling nature of the Justice Department’s effort to collect voting records in North Carolina, prosecutors demanded eight years of information from the state’s Division of Motor Vehicles, according to a copy of the subpoena obtained by The New York Times. The newly disclosed order, along with subpoenas sent to the state’s elections board and counties, appears linked to a federal inquiry into illegal voting by noncitizens. Under federal law, residents seeking to obtain or renew a driver’s license must be offered a chance to register to vote. The demand from the government seeks voter-registration forms submitted to the North Carolina D.M.V. by an array of applicants since 2010. The applicants include those who are foreign-born, said they were not citizens, did not produce a driver’s license as proof of identification, or displayed nonimmigrant visas or other documents “that reflect the applicant was not a United States citizen.”

Federal prosecutors on Thursday postponed a deadline for North Carolina election officials to provide voting records requested by federal immigration officials until after the Nov. 6 election. The U.S. Attorney’s office for the Eastern District of North Carolina said in a letter that prosecutors would postpone the deadline until January and consider modifying the request, as long as election officials verified in writing that they wouldn’t destroy any relevant records. Prosecutors, at the request of immigration officials, had originally requested more than 20 million county and state records covering an eight-year period to be turned over by Sept. 25. North Carolina election officials had argued the effort required to collect the records would jeopardize their ability to prepare for this fall’s election.

Federal investigators in North Carolina are seeking an enormous number of voting records from dozens of election offices weeks before the midterm elections, demands that may signal their expanded efforts to prosecute illegal voting by people who are not U.S. citizens. The U.S. attorney’s office in Raleigh issued subpoenas in recent days on behalf of Immigration and Customs Enforcement to the North Carolina elections board and more than 40 county boards in the eastern third of the state, according to the subpoenas and the state board. The same federal prosecutor announced two weeks ago that 19 foreign nationals were charged with registering to vote or casting ballots illegally because they weren’t U.S. citizens. More than half were indicted by a grand jury in Wilmington, according to an Aug. 24 news release from U.S. Attorney Bobby Higdon’s office.