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HomeMy WebLinkAboutBoard Meeting Agenda 11-02-2020MEETING AGENDA Date: November 2, 2020 Time: 5:00 PM Location: Government Center Complex, Fin #500 Type: Special Scheduled Attendees: Thomas C. Pollard, Chair Rae Hunter-Havens, Elections Director Evelyn D. Adger, Secretary Joan Geiszler-Ludlum, Administrative Technician Jonathan W. Washburn, Member Caroline Dawkins, Elections Program & Outreach Derrick R. Miller, Member Coordinator Russ C. Bryan, Member Visitor(s): Sheryl Kelly, Assistant County Manager AGENDA ITEMS 1.Meeting Opening a.Call to Order b.Pledge of Allegiance c.Approval of Agenda d.Approval of Minutes (10/13/2020 and 10/20/2020) 2.Public Comment and Questions •Public Comment (2-minute limit) 3.General Discussion •Other Elections-Related Matters 4.New Businessa.Review of Absentee Ballot Applications b.2020 Precinct Official Appointments 5.Adjournnment *Agenda packets are sent via email in advance of meetings. Draft Special Meeting New Hanover County Board of Elections November 2, 2020 Subject: Approval of Agenda Summary: N/A Board Action Required: Staff recommends approval Item # 1c Draft Special Meeting New Hanover County Board of Elections November 2, 2020 Subject: Approval of Minutes Applicable Statutes and/or Rules N.C. Gen. Stat. §§163-31(e) and 143-318.10(e) Summary: This includes minutes from the 10/13/2020 and 10/20/2020 meetings. Board Action Required: Staff recommends approval Item # 1dItem # 1dDraft Board Minutes –10/13/2020 SPECIAL MEETING New Hanover County Board of Elections October 13, 2020 5:00 PM ATTENDANCE Members: Thomas C. Pollard, Chair Evelyn D. Adger, Secretary Jonathan W. Washburn, Member Derrick R. Miller, Member Russ C. Bryan, Member Staff:Rae Hunter-Havens, Executive Director Caroline Dawkins, Elections Program & Outreach Coordinator Joan Geiszler-Ludlum, Administration Technician Visitors: Sheryl Kelly, Assistant County Manager; Kemp Burpeau, Deputy County Attorney. Public Attendees: Julius Rothlein, NHC GOP; Donald van der Vaart, NHC GOP; Patsy Odom, Bob Gatewood, Steph Fetzer; Richard Poole, NHCDP; Jimmy Carter, Audrey Hammonds. Telephonic attendees: 5 OPENING Chair Pollard called the meeting to order at 5:00 p.m. The New Hanover County Board of Elections meeting was held at 230 Government Center Drive, in Finance Conference Room 500, Wilmington, NC. All members were present. AGENDA Chair Pollard moved that the agenda be approved as submitted. Motion carried unanimously. PUBLIC COMMENT Chair Pollard called on the public in-person attendees for their comments or questions, limited to two minutes each. Draft Board Minutes –10/13/2020 Donald van der Vaart reported his confusion related to the various lawsuits and numbered memos from the State Board of Elections (SBE). He understands that ballot drop-off boxes must be allowed, but this constitutes unsupervised voting. The Board should consider refusing to accept such ballots unless delivered by a statutory person (voter, near relative or legal guardian). Richard Poole, representing the NHCDP, addressed the SBE Numbered Memo 2020-30 about polling place conduct. The memo authorizes the Chief Judge at a polling place to call 911 for assistance in assuring voters unimpeded access to the polling place and at the same time directs that law enforcement officers engaged in parking or traffic control at a polling place must be in plain clothes, not in uniform. He asked that the County Board and staff give clear guidance in coordinating with local law enforcement who will be assisting at polling places this election. Julius Rothlein stated that voters need to be informed about the status of their absentee ballots with witness defects in a timely way to take corrective action. SBE guidance appears to conflict with State law. He asked for clarification of how long after Election Day absentee ballots can be received and counted. There being no questions or comments from the telephone attendees, Chair Pollard closed the Public Comment period. Chair Pollard asked Director Hunter-Havens to describe the steps in the absentee ballot return in-person process to preserve ballot integrity. Log sheets are completed by the voter or staff that identify the person returning the ballot and the voter whose ballot is being returned. To her knowledge to date, no one has tried to turn in a ballot who was not legally eligible to do so. If an ineligible person were to insist, the staff would accept the ballot, make a note of the circumstances, and she will present that ballot to the Board for action. This process remains in effect until 5:00 pm on November 3. Ballots returned in person, instead of by mail, after November 3, staff will accept them and seek further guidance from the SBE on how these ballots should be addressed. There are no authorized drop boxes in New Hanover County where voters can drop off completed absentee ballots. Drop boxes are not authorized under North Carolina law. Member Miller asked whether any other entity can set up drop boxes for absentee by mail ballots return. No, as these are not authorized under North Carolina law. Chair Pollard asked whether voters may return their absentee by mail ballots to One Stop Early Voting locations. Yes, and these will be logged in electronically, collecting the same information as the in person return logs. The voters will be required to wait in line along with other voters at the One Stop locations, there will not be dedicated lines for return of absentee ballots. Member Bryan asked if a motion is needed to prohibit drop boxes for absentee ballot return. Member Washburn said no because these are already prohibited by State law. Staff will submit all absentee ballots received and leave it to the Board to approve or disapprove them. He said he will not voter to approve any ballot that is missing a witness signature. The County Board makes the final determination and his vote is not governed Draft Board Minutes –10/13/2020 by the SBE. Chair Pollard added that the law is clear on what makes an absentee ballot valid. Member Bryan expressed his satisfaction that no unmonitored drop boxes are allowed. GENERAL DISCUSSION Chair Pollard noted that the status of ballots with witness deficiencies remain in limbo under court stay. He considered a motion that the Board follow the law to be redundant and unnecessary. The Board is concerned with the value and counting of every ballot. As of today, 15,000 absentee ballots are in and 12,000 approved. With three court cases pending, the SBE directed the county boards to hold container-return envelopes with witness deficiencies as the law requires a witness signature to be valid. He expressed his preference for the Board to move on until the courts provide further instructions. Member Bryan reported his earlier conversation with visitor Mr. Carter on the status of the court cases. Chair Pollard recognized Mr. Carter, a former Board member, for a report. Mr. Carter noted that cases from State court, and the Eastern and Middle District federal courts are consolidated in the Middle District. All parties have submitted their arguments and Judge Osteen has promised an order by 2:00 pm tomorrow. Chair Pollard recommended no action by this Board until receiving the court’s order. Member Washburn voiced his dismay at SBE’s direction not to contact the voter whose ballot has a witness deficiency to offer options. Member Bryan asked how many absentee ballots are affected. Director Hunter-Havens reported that 269 voters were sent cure letters before the court stay, and since the stay 194 additional are being held and the voter has not been notified. Six voter signature deficiency cure affidavits have come in. Member Bryan questioned what happens if the order comes tomorrow and one of the parties appeals and the appellate court stays the order, which would cause further delay with three weeks to go to Election Day. Ballots could continue in limbo. Would the Board need to call a special meeting? Chair Pollard said he is not prepared to act contrary to current orders and the law. He further noted that Wake County Board of Elections withdrew the resolution they passed last week based on their lack of authority to act contrary to SBE direction. In response to a question, Chair Pollard stated that the absentee ballot deadline, by statute, is postmarked on or before Election Day and received by Friday, November 6. NEW BUSINESS Chair Pollard moved to the next item, to review Absentee Ballot applications, and called on Director Hunter-Havens for her report. Director Hunter-Havens presented the reconciliation report for scanned applications approved at the October 6 meeting: 2,809 were approved, 2,807 were scanned. One envelope was empty and one voter spoiled their ballot. In both cases the ballot was spoiled and a new ballot issued. The Board signed the corrected Absentee Meeting Ballot Certification. Director Hunter-Havens presented 2,657 absentee ballot applications for Board approval: Draft Board Minutes –10/13/2020 2,574 civilian 67 overseas 16 military These absentee ballot applications met the following criteria for approval in accordance with NCGS §163-229: 1.The voter’s certification of eligibility to vote the enclosed ballot. 2.The certification of one witness, to include the witness’s address. 3.The certification, to include residence address, of any individual that assisted a voter in accordance with NCGS §163-226.3 The Board member reviewed a sampling of the approved ballots. Member Washburn moved approval of 2,657 absentee ballot applications, second by Chair Pollard. The motion carried unanimously. Director Hunter-Havens next presented 4 absentee ballot applications for disapproval. These applications were returned missing the required container-return envelope. All 4 have been spoiled and reissued. Chair Pollard moved to disapprove the 4 designated applications, second by Member Miller. The motion carried unanimously. Chair Pollard announced that the meeting will move to the Board of Elections conference room to open and scan the approved absentee ballots. ADJOURNMENT Chair Pollard announced that ______ absentee ballots have been scanned successfully, with ___ ballot anomalies noted for further staff follow up. Chair Pollard moved that the meeting be adjourned at 9:00 p.m. The motion carried unanimously. The next Board meeting is scheduled to be held on October 20, 2020, at 5:00 p.m. at 230 Government Center Drive, Finance Conference Room 500, Wilmington, NC. APPROVED BY: RESPECTFULLY SUBMITTED BY: __________________________ _______________________________ EVELYN D. ADGER RAE HUNTER-HAVENS SECRETARY ELECTIONS DIRECTOR Draft Board Minutes – 10/20/2020 SPECIAL MEETING New Hanover County Board of Elections October 20, 2020 5:00 PM ATTENDANCE Members: Thomas C. Pollard, Chair Evelyn D. Adger, Secretary Jonathan W. Washburn, Member Derrick R. Miller, Member Russ C. Bryan, Member Staff:Rae Hunter-Havens, Executive Director Caroline Dawkins, Elections Program & Outreach Coordinator Joan Geiszler-Ludlum, Administrative Technician Visitors: Sheryl Kelly, Assistant County Manager Public Attendees: Lynn Dunn, Bob Gatewood, Jimmy Carter, Steph Fetzer, A. Chaudhury; Julius Rothlein, NHC GOP; Richard Poole, NHCDP. Telephonic attendees: 4 OPENING Chair Pollard called the meeting to order at 5:00 p.m. The New Hanover County Board of Elections meeting was held at 230 Government Center Drive, in the Finance Conference Room 500, Wilmington, NC. All members were present. Chair Pollard welcomed the public attendees present in person and by telephone. AGENDA Chair Pollard moved that the agenda be approved as submitted. Motion carried unanimously. PUBLIC COMMENT Chair Pollard called upon the public in-person attendees for their comments or questions, limited to two minutes each. Julius Rothlein, representing NHC GOP, asked whether the County Board is following State Board Numbered Memo 2020-19 or the statute as to the deadline for receiving absentee ballots postmarked on or before Election Day: November 6 or November 12? Draft Board Minutes – 10/20/2020 Chair Pollard informed him the deadline is November 12, based on the recent federal District Court order. Mr. Rothlein reported that a voter reported that he felt he was forced to vote a provisional ballot at the North Campus One Stop voting site. Mr. Rothlein received a written statement from the voter to that effect. Director Hunter-Havens responded that, as with all provisional ballots, the staff will research the voter’s information and make a recommendation to the Board at the pre-canvass meeting on November 12. She asked that the voter’s statement be forwarded to her by Election Day to attach to that provisional ballot for review. Richard Poole, representing NHCDP, commented on the confusion with the curbside voting layout at the Northeast Library. He asked about the status of ballots not processed during a power outage at CFCC North Campus One Stop voting site. Director Hunter- Havens reported that the CFCC North Campus Site Lead reported there were very few voters at the site and none in the voting enclosure during the loss of power which lasted about 10 minutes. Member Washburn reviewed the emergency bin procedures. Mr. Poole described a report from a voter who had requested an absentee ballot and received a deficiency notice. The voter went to the Senior Resource Center One Stop site where the voter was told to go to the Board of Elections office to make the needed correction. That voter could have voted in person at One Stop instead but was not offered that option. Director Hunter-Havens agreed that was an option for that voter. Member Washburn stated that voter should not have been turned away. Director Hunter- Havens noted that depended on what the voter asked at the One Stop site. This is a process of continuing education with new election officials and new procedures. Member Miller noted that if the voter asked to vote, the voter could have voted provisionally. Member Washburn asked if a voter who voted by absentee ballot could also vote in person. Director Hunter-Havens replied that the voter history in the electronic pollbook would show the voter as having voted. Chair Pollard called for any comments or questions from the telephone attendees. There being none, he closed the Public Comment period. GENERAL DISCUSSION Chair Pollard called on the Board Members for their general discussion. Member Miller had three items: Is the wait time application available? Director Hunter-Havens reported the application is accessible on the County Board’s website on a slider at the top of the main page. Is it possible to get the relevant numbered memos in the Board Member packets as supplemental documents going forward? Director Hunter-Havens took note of the request. Draft Board Minutes – 10/20/2020 The data displayed on the web page for One Stop voting is good. Can Absentee data be displayed as well? Director Hunter-Havens directed him to the State Board of Elections as a better source for absentee data. Member Bryan asked how the One Stop wait times are updated. These are done manually using time charts completed by the Site Lead. Member Washburn asked the status of the minutes of the Board meetings. Director Hunter-Havens said these will be updated at the next meeting. Member Adger asked why this Board’s meetings are not televised on NHCTV? Director Hunter-Havens agreed to explore that request with NHCTV. NEW BUSINESS Chair Pollard called on Director Hunter-Havens for her report. She reported that County Boards of Elections now have clear guidance from the State Board through revised Numbered Memo 2020-19 on the cure of witness deficiencies. None of the applications presented today involve a cure as the revised guidance was issued on Saturday, October 17. Under the revised guidance, three types of deficiencies associated with absentee ballots are identified: 1.Deficiencies that can be cured with a certification; 2.Deficiencies that require the ballot to be spoiled; and 3.Deficiencies that require additional board review and action. Deficiencies associated with the voter’s signature, a witness or assistant printed name or address, and a witness or assistant signature on the wrong line can be cured by sending the voter a certification to complete and return. Deficiencies that require that the ballot be spoiled and reissued include a missing witness or assistant signature, the submission of unsealed container-return envelopes and envelopes indicating the voter is requesting a replacement ballot. Deficiencies that require further board review and action include cases where the deficiency is first noticed at a board meeting, envelopes with missing ballots, and envelopes with more than one ballot. The staff have begun to process the absentee ballots that were being held awaiting this guidance in accordance with the new guidance. Director Hunter-Havens next presented the reconciliation report for the scanned applications approved at the October 20 board meeting: 2,657 were approved, 2,656 were scanned. There was one absentee ballot where the control number on the ballot did not match the control number on the envelope. Upon investigation, staff found that the wife’s ballot, voted by her husband, was returned in the husband’s envelope. The wife subsequently voted in person and the husband wants to vote his submitted ballot. In response to a question from Member Washburn, Director Hunter-Havens confirmed that staff spoke with both the husband and the wife by telephone to verify the information reported. Member Miller asked what is the risk of harm in this situation of assuring there is no duplication or rogue actor involved. Member Bryan noted it is a simple matter to change the control number on the ballot to match the envelope. Director Hunter-Havens Draft Board Minutes – 10/20/2020 observed this is a common occurrence where members of the same household vote their absentee ballots together. Chair Pollard circulated the revised reconciliation report for the Board Members signatures. Member Washburn moved to approve the ballot, second by Member Miller. Motion carried unanimously. Director Hunter-Havens presented 3,168 absentee by mail applications for Board approval and distributed sample packets for Board review. Member Washburn asked for the total ballots the Board is considering for approval today. Director Hunter-Havens reported these totals by classification: Recommended for Board approval: 3,168 absentee by mail applications 35,831 SOSA ballot applications from One Stop Early Voting Recommended for Board rejection: 16 absentee by mail applications The total absentee by mail applications for Board consideration is 3,184. Member Bryan asked for the number of absentee by mail applications with witness signatures but missing the witness’s printed name and/or address? There are 38 as of today according to Director Hunter-Havens. She will separate those for the next meeting. Member Washburn asked if the staff knows who returned absentee ballots in person? Director Hunter-Havens noted for in-person returns, the staff is keeping a log sheet completed with information provided by the person returning the ballot. Chair Pollard moved approval of the 3,168 absentee by mail applications recommended for approval, second by Member Bryan. Motion carried unanimously. Member Washburn moved approval of the 35,831 SOSA ballot applications from One Stop Early Voting, second by Secretary Adger. Motion carried unanimously. Director Hunter-Havens presented 16 absentee by mail applications with a recommendation to the Board that these be disapproved: 12 received with the return envelope damaged or unsealed, resulting in spoiling the ballot and sending a replacement; and 4 received with a witness address that could not be confirmed, resulting in a cure deficiency letter and form sent according to Numbered Memo 2020-19 as revised. Members Miller and Bryan noted they were impressed with the staff research on the deficient returned absentee by mail ballots. In response to a Board question, Director Hunter-Havens reported the breakdown of all deficient returned absentee by mail ballots: 139 received without the witness’s address; 39 received without the witness’s name; 194 total before the stay and an additional 99 last week; 562 total received with some type of deficiency; Draft Board Minutes – 10/20/2020 269 cure certifications were sent before the court stay; About 300 staff is now acting on under the revised guidance. About a third of the cure certifications already sent have been returned so far. Chair Pollard moved to disapprove the 12 deficient absentee by mail ballots, second by Member Miller. Motion carried unanimously. Member Washburn observed that the container-return envelope does not ask for the witness’s street, city, state and zip which may be a source of the confusion. At 5:53 pm, the agenda being completed, Chair Pollard reported the meeting would now move to the Board of Elections conference room to open and scan the approved absentee by mail ballots. ADJOURNMENT Chair Pollard announced that scanning of the approved absentee by mail ballots was completed at 8:52 pm, with the count off by five due to ballot anomalies discovered during scanning. Staff will do additional research and report at the next Board meeting. Chair Pollard moved that the meeting be adjourned at 8:53 pm with the unanimous agreement of the Board. The next Board meeting is scheduled to be held on Tuesday, October 27, 2020, at 5:00 p.m. at 230 Government Center Drive, Finance Conference Room 500, Wilmington, NC. APPROVED BY:RESPECTFULLY SUBMITTED BY: ____________________________________________________________ EVELYN D. ADGER RAE HUNTER-HAVENS SECRETARY ELECTIONS DIRECTOR Draft Special Meeting New Hanover County Board of Elections November 2, 2020 Subject: Public Comment Summary: This is an opportunity for members of the public to provide comment on elections-related matters. Each commenter will be limited to two minutes. Board Action Required: Discuss as necessary Item # 2 Item # 2 Draft Special Meeting New Hanover County Board of Elections November 2, 2020 Subject: General Discussion Summary: This is an opportunity for discussion on other elections-related matters not included in the meeting agenda. Board Action Required: Discuss as necessary Item # 3 Draft Special Meeting New Hanover County Board of Elections November 2, 2020 Subject: Review of Absentee Ballot Applications Applicable Statutes and/or Rules N.C. Gen. Stat §§163-229(b) and 163-230.1(f), Session Law 2019-239, Session Law 2020-17, NCSBOE Numbered Memo 2020-19 (revised October 17, 2020), Numbered Memo 2020-23, Rule 08 NCAC 18 .0102 Summary: At each absentee board meeting, county boards will need to either approve or deny the applications. All returned absentee ballot applications for the 2020 General Election must include the following: 1. The voter’s certification of eligibility to vote the enclosed ballot. 2. The certification of one witness, to include their residence address. 3. The certification, to include residence address, of any individual that assisted a voter in accordance with N.C. Gen. Stat. §163-226.3. Per reissued Numbered Memo 2020-19, there are three different types of deficiencies associated with absentee ballot applications: 1) deficiencies that can be cured with a certification, 2) deficiencies that require the ballot to be spoiled, and 3) deficiencies that require additional board review and action. Deficiencies associated with the voter’s signature, a witness or assistant printed name or address, and a witness or assistant signature on the wrong line can be cured by sending the voter a certification. Deficiencies that require that the ballot be spoiled and reissued include a missing witness or assistant signature, the submission of unsealed container-return envelopes and envelopes indicating the voter is requesting a replacement ballot. Deficiencies that require further board review and action include cases where the deficiency is first noticed at a board meeting, envelopes with missing ballots, and envelopes with more than one ballot. At the end of each meeting, all envelopes and ballots should be reconciled with the number of ballot envelopes approved at the meeting equal in number to the number of ballots counted by the tabulator. The county board should record the count on the tabulator at the start and end of each absentee meeting using a Reconciliation Log Sheet. Document/s Included: NCSBOE Numbered Memo 2020-19 (revised October 19, 2020), Numbered Memo 2020-23, Rule 08 NCAC 18 .0102, Absentee Poll Book (Provided at meeting); Reconciliation Log Sheet (Provided at meeting) Board Action Required: Discuss as necessary and action required Item # 2 Item # 4a Draft Mailing Address: P.O. Box 27255 Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135 Numbered Memo 2020-19 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Absentee Container-Return Envelope Deficiencies DATE: August 21, 2020 (revised on September 22, 2020; further revised on October 17, 2020 in light of orders in Democracy NC v. North Carolina State Bd. of Elections, No. 20-cv-457 (M.D.N.C.) and NC Alliance for Retired Americans v. North Carolina State Bd. of Elections, No. 20-CVS-8881 (Wake Cty. Sup. Ct.)) County boards of elections have already experienced an unprecedented number of voters seeking to vote absentee-by-mail in the 2020 General Election, making statewide uniformity and consistency in reviewing and processing these ballots more essential than ever. County boards of elections must ensure that the votes of all eligible voters are counted using the same standards, regardless of the county in which the voter resides. This numbered memo directs the procedure county boards must use to address deficiencies in absentee ballots. The purpose of this numbered memo is to ensure that a voter is provided every opportunity to correct certain deficiencies, while at the same time recognizing that processes must be manageable for county boards of elections to timely complete required tasks.1 1. No Signature Verification The voter’s signature on the envelope shall not be compared with the voter’s signature on file because this is not required by North Carolina law. 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. Absent 1 This numbered memo is issued pursuant to the State Board of Elections’ general supervisory authority over elections as set forth in G.S. § 163-22(a) and the authority of the Executive Director in G.S. § 163-26. As part of its supervisory authority, the State Board is empowered to “compel observance” by county boards of election laws and procedures. Id., § 163-22(c). Draft 2 clear evidence to the contrary, the county board shall presume that the voter’s signature is that of the voter, even if the signature is illegible. A voter may sign their signature or make their mark. The law does not require that the voter’s signature on the envelope be compared with the voter’s signature in their registration record. See also Numbered Memo 2020-15, which explains that signature comparison is not permissible for absentee request forms. 2. Types of Deficiencies Trained county board staff shall review each executed container-return envelope the office receives to determine if there are any deficiencies. County board staff shall, to the extent possible, regularly review container-return envelopes on each business day, to ensure that voters have every opportunity to correct deficiencies. Review of the container-return envelope for deficiencies occurs after intake. The initial review is conducted by staff to expedite processing of the envelopes. Deficiencies fall into two main categories: those that can be cured with a certification and those that cannot be cured. If a deficiency cannot be cured, the ballot must be spoiled and a new ballot must be issued, as long as the ballot is issued before Election Day. See Section 3 of this memo, Voter Notification. 2.1. Deficiencies Curable with a Certification (Civilian and UOCAVA) The following deficiencies can be cured by sending the voter a certification: • Voter did not sign the Voter Certification • Voter signed in the wrong place • Witness or assistant did not print name2 • Witness or assistant did not print address3 2 If the name is readable and on the correct line, even if it is written in cursive script, for example, it does not invalidate the container-return envelope. 3 Failure to list a witness’s ZIP code does not require a cure. G.S. § 163-231(a)(5). A witness or assistant’s address does not have to be a residential address; it may be a post office box or other mailing address. Additionally, if the address is missing a city or state, but the county board of elections can determine the correct address, the failure to list that information also does not invalidate the container-return envelope. For example, if a witness lists “Raleigh 27603” you can determine the state is NC, or if a witness lists “333 North Main Street, 27701” you can determine that the city/state is Durham, NC. If both the city and ZIP code are missing, staff will need to determine whether the correct address can be identified. If the correct address cannot be identified, the envelope shall be considered deficient and the county board shall send the voter Draft 3 • Witness or assistant signed on the wrong line This cure certification process applies to both civilian and UOCAVA voters. 2.2. Deficiencies that Require the Ballot to Be Spoiled (Civilian) The following deficiencies cannot be cured by certification: • Witness or assistant did not sign • Upon arrival at the county board office, the envelope is unsealed • The envelope indicates the voter is requesting a replacement ballot If a county board receives a container-return envelope with one of these deficiencies, county board staff shall spoil the ballot and reissue a ballot along with a notice explaining the county board office’s action, in accordance with Section 3. 2.3. Deficiencies that require board action Some deficiencies cannot be resolved by staff and require action by the county board. These include situations where the deficiency is first noticed at a board meeting or if it becomes apparent during a board meeting that no ballot or more than one ballot is in the container-return envelope. If the county board disapproves a container-return envelope by majority vote in a board meeting due to a deficiency, it shall proceed according to the notification process outlined in Section 3. 3. Voter Notification 3.1. Issuance of a Cure Certification or New Ballot If there are any deficiencies with the absentee envelope, the county board of elections shall contact the voter in writing within one business day of identifying the deficiency to inform the voter there is an issue with their absentee ballot and enclosing a cure certification or new ballot, as directed by Section 2. The written notice shall also include information on how to vote in-person during the early voting period and on Election Day. The written notice shall be sent to the address to which the voter requested their ballot be sent. If the deficiency can be cured and the voter has an email address on file, the county board shall also send the cure certification to the voter by email. If the county board sends a cure certification by email and by mail, the county board should encourage the voter to only return one of the certifications. If the voter did not provide an email address but did provide a phone number, the the cure certification in accordance with Section 3. See Numbered Memo 2020-29 for additional information regarding address issues. Draft 4 county board shall contact the voter by phone to inform the voter that the county board has mailed the voter a cure certification. If the deficiency cannot be cured, and the voter has an email address on file, the county board shall notify the voter by email that a new ballot has been issued to the voter. If the voter did not provide an email address but did provide a phone number, the county board shall contact the voter by phone to inform the voter that the county board has issued a new ballot by mail. A county board shall not reissue a ballot on or after Election Day. If there is a curable deficiency, the county board shall contact voters up until the day before county canvass. 3.2. Receipt of a Cure Certification The cure certification must be received by the county board of elections by the deadline for receipt of absentee ballots. The cure certification may be submitted to the county board office by fax, email, in person, or by mail or commercial carrier. If a voter appears in person at the county board office, they may also be given, and can complete, a new cure certification. The cure certification may only be returned by the voter, the voter’s near relative or legal guardian, or a multipartisan assistance team (MAT). A cure certification returned by any other person is invalid. It is not permissible for a cure certification to be submitted through a portal or form created or maintained by a third party. A cure certification may not be submitted simultaneously with the ballot. Any person who is permitted to assist a voter with their ballot may assist a voter in filling out the cure certification. 3.3 County Board Review of a Cure Certification At each absentee board meeting, the county board of elections may consider deficient ballot return envelopes for which the cure certification has been returned. The county board shall consider together the executed absentee ballot envelope and the cure certification. If the cure certification contains the voter’s name and signature, the county board of elections shall approve the absentee ballot. A wet ink signature is not required, but the signature used must be unique to the individual. A typed signature is not acceptable, even if it is cursive or italics such as is commonly seen with a program such as DocuSign. 4. Late Absentee Ballots Voters whose ballots are not counted due to being late shall be mailed a notice stating the reason for the deficiency. A late civilian ballot is one that received after the absentee-ballot receipt deadline by (1) 5 p.m. on Election Day or (2), if postmarked on or before Election Day and received by mail by the deadline for receipt of postmarked ballots. Late absentee ballots are not curable. If a ballot is received after county canvass the county board is not required to notify the voter. Draft Mailing Address: P.O. Box 27255 Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135 Numbered Memo 2020-23 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: In-Person Return of Absentee Ballots DATE: September 22, 2020 Absentee by mail voters may choose to return their ballot by mail or in person. Voters who return their ballot in person may return it to the county board of elections office by 5 p.m. on Election Day or to any one-stop early voting site in the county during the one-stop early voting period. This numbered memo provides guidance and recommendations for the safe, secure, and controlled in- person return of absentee ballots. General Information Who May Return a Ballot A significant portion of voters are choosing to return their absentee ballots in person for this elec- tion. Only the voter, or the voter’s near relative or legal guardian, is permitted to possess an ab- sentee ballot.1 A multipartisan assistance team (MAT) or a third party may not take possession of an absentee ballot. Because of this provision in the law, an absentee ballot may not be left in an unmanned drop box. The county board shall ensure that, if they have a drop box, slot, or similar container at their office, the container has a sign indicating that absentee ballots may not be deposited in it. Intake of Container-Return Envelope As outlined in Numbered Memo 2020-19, trained county board staff review each container-re- turn envelope to determine if there are any deficiencies. Review of the container-return envelope 1 It is a class I felony for any person other than the voter’s near relative or legal guardian to take possession of an absentee ballot of another voter for delivery or for return to a county board of elections. G.S. § 163-223.6(a)(5). Draft 2 does not occur at intake. Therefore, the staff member conducting intake should not conduct a re- view of the container envelope and should accept the ballot. If intake staff receive questions about whether the ballot is acceptable, they shall inform the voter that it will be reviewed at a later time and the voter will be contacted if there are any issues. Intake staff shall accept receipt of all ballots provided to them, even if information is missing or someone other than the voter or their near relative or legal guardian returns the ballot. It is not recommended that county board staff serve as a witness for a voter while on duty. If a county board determines that it will allow staff to serve as a witness, the staff member who is a witness shall be one who is not involved in the review of absentee ballot envelopes. Log Requirement An administrative rule requires county boards to keep a written log when any person returns an absentee ballot in person.2 However, to limit the spread of COVID-19, the written log require- ment has been adjusted for remaining elections in 2020. When a person returns the ballot in person, the intake staff will ask the person for their name and whether they are the voter or the voter’s near relative or legal guardian. The staffer will indicate this information on a log along with the CIV number of the ballot and the date that it was received. If the person indicates they are not the voter or the voter’s near relative or legal guardian, the staffer will also require the person to provide their address and phone number. Board Consideration of Delivery and Log Requirements Failure to comply with the logging requirement, or delivery of an absentee ballot by a person other than the voter, the voter’s near relative, or the voter’s legal guardian, is not sufficient evidence in and of itself to establish that the voter did not lawfully vote their ballot.3 A county board shall not disapprove an absentee ballot solely because it was delivered by someone who was not authorized 2 08 NCAC 18 .0102 requires that, upon delivery, the person delivering the ballot shall provide the following information in writing: (1) Name of voter; (2) Name of person delivering ballot; (3) Relationship to voter; (4) Phone number (if available) and current address of person deliver- ing ballot; (5) Date and time of delivery of ballot; and (6) Signature or mark of person delivering ballot certifying that the information provided is true and correct and that the person is the voter or the voter's near relative. 3 Id. Compare G.S. § 163-230.2(3), as amended by Section 1.3.(a) of Session Law 2019-239, which states that an absentee request form returned to the county board by someone other than an unauthorized person is invalid. Draft 3 to possess the ballot. The county board may, however, consider the delivery of a ballot in accord- ance with the rule, 08 NCAC 18 .0102, in conjunction with other evidence in determining whether the ballot is valid and should be counted. Return at a County Board Office A voter may return their absentee ballot to the county board of elections office any time the office is open. A county board must ensure its office is staffed during regular business hours to allow for return of absentee ballots. Even if your office is closed to the public, you must provide staff who are in the office during regular business hours to accept absentee ballots until the end of Election Day. You are not required to accept absentee ballots outside of regular business hours. Similar to procedures at the close of polls on Election Day, if an individual is in line at the time your office closes or at the absentee ballot return deadline (5 p.m. on Election Day), a county board shall accept receipt of the ballot. If your site has a mail drop or drop box used for other purposes, you must affix a sign stating that voters may not place their ballots in the drop box. However, a county board may not disapprove a ballot solely because it is placed in a drop box.4 In determining the setup of your office for in-person return of absentee ballots, you should consider and plan for the following: • Ensure adequate parking, especially if your county board office will be used as a one-stop site • Arrange sufficient space for long lines and markings for social distancing • Provide signage directing voters to the location to return their absentee ballot • Ensure the security of absentee ballots. Use a locked or securable container for returned absentee ballots that cannot be readily removed by an unauthorized person. • If your set-up allows the return of ballots outside, plan for the possibility of severe weather. You may need a tent or other covering. Have a plan for how crowd control will occur without the physical barriers of an office and the security of your staff and the balloting materials. For safety reasons, it is not recommended you keep an outside return location open after dark or during inclement weather. 4 Id. Draft 4 Return at an Early Voting Site Location to Return Absentee Ballots Each early voting site shall have at least one designated, staffed station for the return of absentee ballots. Return of absentee ballots shall occur at that station. The station may be set up exclu- sively for absentee ballot returns or may provide other services, such as a help desk, provided the absentee ballots can be accounted for and secured separately from other ballots or processes. Similar to accepting absentee ballots at the county board of elections office, you should consider and plan for the following with the setup of an early voting location for in-person return of ab- sentee ballots: • Have a plan for how crowd control will occur and how voters will be directed to the ap- propriate location for in-person return of absentee ballots • Provide signage directing voters and markings for social distancing • Ensure adequate parking and sufficient space for long lines • If your set-up allows the return of ballots outside, plan for the possibility of severe weather. You may need a tent or other covering. Have a plan for how crowd control will occur without the physical barriers of an office and the security of your staff and the balloting materials. For safety reasons, ensure that there is adequate lighting as voting hours will continue past dark. Because absentee ballots must be returned to a designated station, absentee ballots should not be returned in the curbside area. Procedures Absentee ballots that are hand-delivered must be placed in a secured container upon receipt, sim- ilar to how provisional ballots are securely stored at voting sites. Absentee by mail ballots deliv- ered to an early voting site must be stored separately from all other ballots in a container desig- nated only for absentee by mail ballots. County boards must also conduct regular reconciliation practices between the log and the absentee ballots. County boards are not required by the State to log returned ballots into SOSA; however, a county board may require their one-stop staff to complete SOSA logging. If a voter brings in an absentee ballot and does not want to vote it, the ballot should be placed in the spoiled-ballot bag. It is recommended that voters who call the county board office and do not want to vote their absentee ballot be encouraged to discard the ballot at home. Return at an Election Site An absentee ballot may not be returned at an Election Day polling place. If a voter appears in person with their ballot at a polling place on Election Day, they shall be instructed that they may Draft 5 (1) take their ballot to the county board office or mail it so it is postmarked that day and received by the deadline; or (2) have the absentee ballot spoiled and vote in-person at their polling place. If someone other than the voter appears with the ballot, they shall be instructed to take it to the county board office or mail the ballot so it is postmarked the same day. If the person returning the ballot chooses to mail the ballot, they should be encouraged to take it to a post office to en- sure the envelope is postmarked. Depositing the ballot in a USPS drop box on Election Day may result in ballot not being postmarked by Election Day and therefore not being counted. Draft 08 NCAC 18 .0102 IN-PERSON RETURN OF ABSENTEE BALLOTS Any person who returns an absentee ballot in person to a county board of elections office shall, upon delivery, provide the following information in writing: (1) Name of voter; (2) Name of person delivering ballot; (3) Relationship to voter; (4) Phone number (if available) and current address of person delivering ballot; (5) Date and time of delivery of ballot; and (6) Signature or mark of person delivering ballot certifying that the information provided is true and correct and that the person is the voter or the voter's near relative as defined in G.S. 163A-1308(h) or verifiable legal guardian as defined in G.S. 163A-1295(e). At the absentee meeting held pursuant to G.S. 163A-1308(e) and G.S. 163A-1315, the county board of elections may consider the delivery of a ballot in accordance with this Rule in conjunction with other evidence in determining whether the container-return envelope has been properly executed according to the requirements in G.S. 163A-1310. Failure to comply with this Rule shall not constitute evidence sufficient in and of itself to establish that the voter did not lawfully vote his or her ballot. History Note: Authority G.S. 163A-741; 163A-1298(a)(5); 163A-1308(g); 163A-1310; Eff. December 1, 2018. Draft Special Meeting New Hanover County Board of Elections November 2, 2020 Subject: 2020 Precinct Official Appointments Applicable Statutes and/or Rules N.C. Gen. Stat §163-41, Session Law 2020-17 Summary: This document will include nominations of Chief Judge and Judge for the 2020 General Election. Session Law 2020-17 made various changes to election laws in response to the coronavirus pandemic. Changes specific to precinct official appointments include only one precinct assistant and one judge are required to be a resident of the precinct. All other precinct officials must be registered voters from any precinct in the county. Document/s Included: Nominations to fill Judge vacancies (Provided at Board Meeting) Board Action Required: Discuss as necessary and action required Item # 4b Draft