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HomeMy WebLinkAboutNHC Board of Elections Minutes 10.12.2021 Board Minutes – 10/12/2021 SPECIAL MEETING New Hanover County Board of Elections October 12, 2021 5:00 PM ATTENDANCE Members: Oliver Carter III, Chair Derrick R. Miller, Secretary Russ C. Bryan, Member Lyana G. Hunter, Member Bruce Kemp, Member Staff: Rae Hunter-Havens, Executive Director Caroline Dawkins, Deputy Director Chris Tisbert, Election Systems Specialist Joan Geiszler-Ludlum, Administrative Technician Visitors: Sheryl Kelly, Assistant County Manager Public Attendees – In Person: Loraine Buker, League of Women Voters – Lower Cape Fear; Gail Collier; unreadable name; Julius Rothlein, NHC GOP; Matthew Emborsky, NHC GOP; Mike Fox; Claudia Campese; Elizabeth Richards; Susanne Werner, NHC DP; Susan Mulligan; John Jaskey; Becky Jaskey; Matt Heiser; Matthew Morrissey. Virtual attendees: Jeanette Koshar, AAUW; Mike (no last name); Thila Bell. OPENING Chair Carter called the meeting to order at 5:03 p.m. The New Hanover County Board of Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington, NC. All members were present. AGENDA Member Kemp moved adoption of the agenda as submitted, second by Member Hunter. Motion carried unanimously. PUBLIC COMMENT Chair Carter reminded the audience to silence their phones; thanked them for honoring the County’s mask mandate; and notified the audience that the meeting is being recorded Board Minutes – 10/12/2021 and live streamed. Chair Carter called on the public in-person attendees for their comments or questions, limited to two minutes each. Elizabeth Richards asked when will the mask mandate be lifted? Chair Carter told her that question is not within the jurisdiction of the Board of Elections. Loraine Buker, League of Women Voters – Lower Cape Fear asked how observers who are Unaffiliated may be appointed as observers, since there is no Unaffiliated organization to make appointments. She was advised to reach out to the party chairs. Director Hunter-Havens agreed to ask the State Board legal team for information on options for Unaffiliated voters. Mike Fox asked the Board to support a full forensic audit of the 2020 election. Chair Carter distributed a copy of the statute addressing post-election audits and pointed out that it charges the State Board of Elections with the process of auditing elections, and there is no legal process for the county boards to authorize an audit. Becky Jansky, noting the Board begins the meeting with the Pledge of Allegiance, asked why the Board did not also say a prayer. Claudia Campese said she supports the Board doing a forensic audit. Julius Rothlein, NHC GOP, asked whether voters will be required to wear masks to enter polling places. Director Hunter-Havens said precinct officials will be required to wear masks, but voters are requested but not required to wear masks under the current mask mandate. Mr. Rothlein asked whether observers will be allowed to review the absentee- by-mail return envelopes before they are accepted or tabulated, and when will that occur. Director Hunter-Havens confirmed with the State Board legal team that absentee-by-mail return envelopes are not public records while they contain a ballot, becoming public records only after the envelopes are opened and ballots removed. She so notified NHC GOP chair Knecht this afternoon. The applications approved to date will be opened and scanned at the October 19 meeting and she will set up a time to review the redacted container-return envelopes after that as timely as she can accommodate it. Matthew Morrissey offered information about a forensic audit process. Virtual attendee Jeanette Koshar, American Association of University Women, expressed her concerns about the cost of and challenges in the process to obtain voter identification should it be required in future elections. Elizabeth Richards asked about observers and mask requirements for voters and election workers. She demanded answers about when and how the mask mandate will be lifted. Chair Carter excused her from the meeting. Board Minutes – 10/12/2021 Matthew Emborsky endorsed conducting a forensic audit of the 2020 election. Claudia Campese asked whether a non-municipal resident can serve as an observer in the municipal election and why can an Unaffiliated voter vote in a primary election. Member Bryan advised that the State party makes that decision. Seeing and hearing no other public attendees wishing to comment, Chair Carter closed the Public Comment session. GENERAL DISCUSSION Chair Carter opened the General Discussion time for Board members and called on Director Hunter-Havens for her report. She reported that the three One Stop early voting sites are set up for opening Thursday morning. Deputy Director Dawkins successfully contacted the two officials for H10 and W27, as discussed last meeting, and is awaiting confirmations of their willingness to continue serving. Member Bryan asked whether staff had encountered any difficulties with staffing three One Stop sites. The Director said the sites are staffed but, as with election Day officials, the situation remains dynamic with daily changes. She maintains a pool of emergency officials to draw on as openings occur. Chair Carter distributed a copy of NCGS §163-182.17, Summary of officials’ duties under Article 15A, Counting Ballots, Canvassing Votes, and Certifying Results in Precinct and County, to the Board and commended it for their review. He asked, looking ahead to final canvass, what issues might arise. The Director noted election protests, requests for recounts, and voter challenges may arise. During the pre-canvass meeting, the Board will oversee the hand-eye sample counts, part of the election audit process, review supplemental absentee-by-mail applications, and review provisional ballots. The pre-canvass meeting is scheduled for November 8, the day before canvass on November 9. NEW BUSINESS a. Review of Absentee Ballot Applications Director Hunter-Havens presented 7 absentee-by-mail ballot applications for Board review and approval or disapproval: 4 civilian with all requirements completed, 1 military, and 2 overseas absentee ballot applications meeting UOCAVA requirements for Board approval or disapproval, in accordance with NCGS §§163-229 (b) and 163-230.1 (e) (2020). For the civilian ballots, two have voter and two witness signatures, and two were signed by the voter and notarized. The military and overseas ballots have the required attestation attached to the container-envelope. A bipartisan duplication team is standing by to duplicate the military and overseas ballots which were submitted Board Minutes – 10/12/2021 electronically. The Director passed the container-envelopes to the Board to review while protecting confidential information. Member Kemp moved approval of the 7 absentee ballot applications, in accordance with NCGS §§163-229 (b) and 163-230.1 (e) (2020), second by Secretary Miller. Motion carried unanimously. Board members signed the Absentee Meeting Ballot Certifications for the ballots approved today and for the two overseas absentee ballots approved on October 5. Chair Carter reviewed the statute, NCGS §163-34, Power of county board of elections to maintain order. He advised that the Board will not tolerate disruptions of its meetings. He moved to bar the person who disrupted this meeting from the next meeting on October 19, second by Member Hunter. Member Kemp asked if there is anything she might do to attend the next Board meeting. Chair Carter said that she could return to the October 26 meeting if she addresses election-related matters and refrains from addressing the mask policy. Secretary Miller agrees this person was out of order and disruptive in addressing matters not germane to the Board’s agenda, but he is more inclined to allow her to attend the next meeting if she is informed of the potential consequences of such behavior. Member Hunter said her behavior is inexcusable and, with her child being present, she was concerned with her unpredictable behavior. As Board members, residents, and taxpayers, no one should be subjected to that kind of behavior. Sheriff’s deputies will be present going forward. Member Bryan said that she may be barred from attending in person but would still have access through the live stream of the meeting. He has difficulty with banning her from a meeting. Hearing no further discussion, the Chair called for the vote on the motion. Chair Carter and Member Hunter voted aye; Secretary Miller, Members Bryan and Kemp voted no. Motion failed for lack of a majority. Secretary Miller moved that the Board request on-going law enforcement presence at their meetings, at least through the final canvass, second by Member Hunter. Motion carried unanimously. ADJOURNMENT Member Kemp moved that the meeting be adjourned at 6:14 p.m., second by Member Hunter. Motion carried unanimously. The next Board meeting is scheduled to be held on October 19, 2021, at 5:00 p.m. in the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington, NC. APPROVED BY: RESPECTFULLY SUBMITTED BY: __________________________ _____________________________ DERRICK R. MILLER RAE HUNTER-HAVENS SECRETARY ELECTIONS DIRECTOR