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Home My WebLink AboutBoard Meeting Agenda Packet 03-15-2022 MEETING AGENDA Date: March 15, 2022 Time: 5:15 PM Location: Bd of Elections Office, Long Leaf Room Type: Regular Scheduled Attendees: Oliver Carter III, Chair Rae Hunter-Havens, Elections Director Derrick R. Miller, Secretary Caroline Dawkins, Elections Deputy Director Lyana G. Hunter, Member Joan Geiszler-Ludlum, Administrative Elections Bruce Kemp, Member Technician Russ C. Bryan, Member Jenna Dahlgren, Elections Logistics Specialist Visitor(s): Sheryl Kelly, Assistant County Manager AGENDA ITEMS 1. Meeting Opening a. Call to Order b. Preliminary Announcement i. Silence Phones ii. Recording & Streaming iii. Other c. Pledge of Allegiance d. Approval of Agenda 2. Public Comment and Question Period • 2-minute limit • 20-minute limit total 3. Director’s Report a. Financial Update b. List Maintenance 4. Statutorily-Required Business a. Resolution to Adopt a Time for Counting Absentee Ballots b. 2022 Primary Elections Notice c. 2021-2023 Appointment of Chief Judges and Judges 5. General Discussion • Other Elections-Related Matters 6. Adjournment *Agenda packets are sent via email in advance of meetings. Regular Meeting New Hanover County Board of Elections March 15, 2022 Subject: Approval of Agenda Summary: N/A Board Action Required: Staff recommends approval Item # 1d Regular Meeting New Hanover County Board of Elections March 15, 2022 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 with a twenty-minute limit total for all public comments. Board Action Required: Discuss as necessary Item # 2 Item # 2 Regular Meeting New Hanover County Board of Elections March 15, 2022 Subject: Director’s Report Summary: a.Financial Update The attached reports provide the Board with a budget update, including the following: •Salaries and Benefits expended through FY21-22 8th Period (February) •Operating Expenses expended through FY21-22 8th Period (February) •Grand Total expended through FY21-22 8th Period (February) b.List Maintenance Update Per data provided from the Statewide Elections Information Management System (SEIMS), the New Hanover County Board of Elections completed the following: •Removed 774 voters from the voter registration rolls in February of 2022 consistent with NC Gen. Stat. §163-82.14. •Processed 931 new registration forms, 464 duplicate registration forms, and 854 registration update forms in February of 2022. Document/s Included: Financial Year-To-Date Budget Report 8th Period (February); NVRA Report February 2022; NVRA Visualizations Report; NVRA Report Definitions Board Action Required: Discuss as necessary Item # 2 Item # 3 March 10, 2022 BOARD OF ELECTIONS BUDGET REPORT SALARIES & BENEFITS FY20-21 ACTUALS FY20-21 8TH PERIOD ACTUALS FY21-22 8TH PERIOD ACTUALS FY21-22 TRANSFERS /ADJUSTMENTS FY21-22 ENC/REQ FY21-22 REVISED BUDGET FY21-22 PERCENT USED SALARIES 302,294.78 199,974.26 207,632.05 0.00 0.00 438,217.00 47.4% CASUAL PART TIME SALARIES 423,477.82 430,662.71 107,454.34 0.00 3,750.00 558,889.00 19.9% OVERTIME PAY (OTP)13,505.10 13,489.56 2,792.34 0.00 0.00 7,974.00 35.0% SOCIAL SECURITY TAXES (FICA)29,917.00 21,620.72 16,400.64 0.00 0.00 76,890.00 21.3% RETIREMENT-LOCAL GOVT EMPL 32,346.56 21,769.89 23,988.45 0.00 0.00 49,218.00 48.7% GENERAL 401-K 0.00 0.00 5,044.53 0.00 0.00 25,123.00 20.1% MEDICAL INSURANCE EXPENSE 44,352.48 27,598.38 37,389.55 0.00 0.00 80,648.00 46.4% LONG TERM DISABILITY INSUR 595.89 391.55 331.14 0.00 0.00 754.00 43.9% SALARIES & BENEFITS TOTAL 846,489.63 715,507.07 401,033.04 0.00 3,750.00 1,237,713.00 32.7% OPERATING EXPENSES FY20-21 ACTUALS FY20-21 8TH PERIOD ACTUALS FY21-22 8TH PERIOD ACTUALS FY21-22 TRANSFERS /ADJUSTMENTS FY21-22 ENC/REQ FY21-22 REVISED BUDGET FY21-22 PERCENT USED CONTR SERVS 440,126.65 383,903.13 116,199.77 14,128.00 179,633.49 283,237.00 104.4% RENT 4,125.00 4,125.00 625.00 0.00 0.00 2,375.00 26.3% ADVERTISING COST 3,038.78 3,038.78 2,536.30 0.00 0.00 4,000.00 63.4% CELLULAR EXPENSE 0.00 0.00 0.00 0.00 0.00 456.00 0.0% POSTAGE EXPENSE 92,317.90 83,821.57 23,388.75 -1,814.00 0.00 56,936.00 41.1% M&R-EQUIPMENT 35,405.77 18,285.00 50,855.00 0.00 0.00 50,855.00 100.0% PRINTING 95,308.17 89,988.17 26,028.49 -5,000.00 2,160.51 121,300.00 23.2% PRINTER-COPIER COSTS &SUPP 10,164.75 9,748.29 2,326.76 -2,500.00 0.00 7,500.00 31.0% SUPPLIES 291,535.75 148,005.91 12,717.56 -1,814.00 13,665.50 57,740.00 45.7% SUPPLIES-COMPUTER&OTHER 1,721.16 1,721.16 1,979.50 0.00 0.00 5,928.00 33.4% DUES & SUBSCRIPTIONS 0.00 0.00 0.00 0.00 0.00 470.00 0.0% EMPLOYEE REIMBURSEMENTS 152.2 152.20 412.3 0.00 0.00 500.00 82.5% TRAINING & TRAVEL 201.98 201.98 1,465.99 -3,000.00 0.00 5,500.00 26.7% INSURANCE&BONDS 4,214.62 4,214.62 43,030.58 16,179.00 0.00 43,031.00 100.0% TOTAL OPERATING EXPENSES 978,312.73 747,205.81 281,566.00 16,179.00 195,459.50 639,828.00 74.6% GRAND TOTAL 1,824,802.36 1,462,712.88 682,599.04 16,179.00 199,209.50 1,877,541.00 47.0% NEW HANOVER COUNTY BOARD OF ELECTIONS NVRA REPORT Reporting Period:-2/1/2022 2/28/2022 Totals Active 149,763 Inactive 25,442 Total Registration 175,205 REPORTING PERIOD Registrations Approved 703 Total Registrations Removed 774 Inactive Registrations Removed 102 New Registrations 00 - No Application Source 2 01 - Public Assistance 23 02 - Disability 3 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 828 06 - Mail-in 14 07 - In-person 10 08 - Library & High School 1 09 - Spanish Language Application 1 10 - Online Registration 15 17 - Registration Drives 32 21 - Medicaid Renewal 2 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 0 931 Duplicates 00 - No Application Source 0 01 - Public Assistance 8 02 - Disability 1 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 167 06 - Mail-in 27 07 - In-person 4 08 - Library & High School 0 09 - Spanish Language Application 0 10 - Online Registration 7 17 - Registration Drives 1 21 - Medicaid Renewal 2 95 - Voter Return of NCOA 217 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 2 98 - Voter Change On Confirmation 4 vtr_nvra_stat.rpt Page 1 of 5Mar 10, 2022 3:58 pm NVRA REPORTNEW HANOVER COUNTY BOARD OF ELECTIONS 99 - Voter Change On Verification 24 464 vtr_nvra_stat.rpt Page 2 of 5Mar 10, 2022 3:58 pm NVRA REPORTNEW HANOVER COUNTY BOARD OF ELECTIONS Changes of Information 00 - No Application Source 9 01 - Public Assistance 22 02 - Disability 0 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 400 06 - Mail-in 63 07 - In-person 14 08 - Library & High School 0 09 - Spanish Language Application 0 10 - Online Registration 21 17 - Registration Drives 10 21 - Medicaid Renewal 1 95 - Voter Return of NCOA 290 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 0 98 - Voter Change On Confirmation 3 99 - Voter Change On Verification 21 854 Verifications # of 1st & 2nd verification mailings sent 2,033 # of 1st NCOA mailings sent 0 # of 1st verification returned undeliverable 3,002 # of verification returned by voter 43 Confirmations # of confirmations returned by voter 7 # of confirmations sent 2,955 # of confirmations returned undeliverable 3 # of confirmations not returned at all 12 COUNTY STATISTICAL Constitution 0 Democratic 51,192 Green 0 Libertarian 1,490 Republican 53,552 Unaffiliated 68,971 American Indian 382 Asian 1,328 Black 19,548 Multi-Racial 963 Native Hawaiian or Pacific Islander 11 White 135,003 Other 3,447 Undesignated 14,523 Hispanic 3,531 Not Hispanic 118,492 Undesignated 53,182 vtr_nvra_stat.rpt Page 3 of 5Mar 10, 2022 3:58 pm NVRA REPORTNEW HANOVER COUNTY BOARD OF ELECTIONS Female 86,040 Male 73,305 Undesignated 15,860 Unprocessed Registrations - Incomplete Queue 00 - No Application Source 14 01 - Public Assistance 10 02 - Disability 1 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 164 06 - Mail-in 43 07 - In-person 0 08 - Library & High School 0 09 - Spanish Language Application 1 10 - Online Registration 0 17 - Registration Drives 3 21 - Medicaid Renewal 0 95 - Voter Return of NCOA 109 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 1 98 - Voter Change On Confirmation 5 99 - Voter Change On Verification 0 Unprocessed Registrations - Archive Queue 00 - No Application Source 0 01 - Public Assistance 0 02 - Disability 0 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 0 06 - Mail-in 19 07 - In-person 0 08 - Library & High School 0 09 - Spanish Language Application 0 10 - Online Registration 0 17 - Registration Drives 0 21 - Medicaid Renewal 0 95 - Voter Return of NCOA 8 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 0 98 - Voter Change On Confirmation 0 99 - Voter Change On Verification 0 Unprocessed Registrations - Review Queue 00 - No Application Source 0 01 - Public Assistance 0 02 - Disability 0 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 56 06 - Mail-in 0 07 - In-person 0 vtr_nvra_stat.rpt Page 4 of 5Mar 10, 2022 3:58 pm NVRA REPORTNEW HANOVER COUNTY BOARD OF ELECTIONS 08 - Library & High School 0 09 - Spanish Language Application 0 10 - Online Registration 3 17 - Registration Drives 0 21 - Medicaid Renewal 0 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 0 vtr_nvra_stat.rpt Page 5 of 5Mar 10, 2022 3:58 pm 0 5000 10000 15000 20000 25000 30000 35000 40000 45000 APPROVED REG REMOVED REG NVRA Monthly Statistics: Total Removed and Approved Registrations Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 July-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 0 10000 20000 30000 40000 50000 60000 NEW DMV REG NEW REG ALL OTHERS DMV DUPLICATES ALL OTHER DUPLICATES DMV INFO CHANGE ALL OTHER INFO CHANGE NVRA Monthly Statistics: Voter Registrations Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 July-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 0 20000 40000 60000 80000 100000 120000 140000 160000 1ST & 2ND VERIFICATIONS MAILED 1ST NCOA MAILED UNDELIVERABLE 1ST VERFICIATION RETURNED VERIFICATIONS MAILED CONFIRMATIONS RETURNED CONFIRMATIONS UNDELIVERABLE CONFIRMATIONS NVRA Monthly Statistics: Voter Card Mailings Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 July-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 NVRA The SBE has an automated process, so there is no need to submit the report on a monthly basis, it is available for counties that would like to run the report for informational use. NVRA Report definitions: Prior to reviewing the NVRA report the following items need to be considered  Statistics are based on a time period  Temporary voters are ignored in these statistics.  These are interpretations of the SEIMS NVRA reports, not anything generated outside the SEIMS application.  See NVRA change explanation in the supplemental section. Description Definition Registrations Approved Number of verified voters during the time period. This is based off the following verification description: ‘NEW VOTER: VERIFIED’ Total Registrations Removed Number of voters that had their status changed to REMOVED during the time period Inactive Registrations Removed Number of voters that had their status changed from INACTIVE to REMOVED during the time period Total Registrations Removed Number of voters that had their status changed to REMOVED during the time period New Number of NVRA flagged new voter records by source code during the time period. Sources ‘15’, ‘17’, ‘19’ are combined into ‘05’, ‘07’, ‘09’ respectively. Sources ‘98’ and ‘99’ are ignored because these are change source codes Change Number of NVRA flagged change voter records by source code during the time period. Sources ‘15’, ‘17’, ‘19’ are combined into ‘05’, ‘07’, ‘09’ respectively Duplicate Number of NVRA flagged duplicate voter records by source code during the time period. Sources ‘15’, ‘17’, ‘19’ are combined into ‘05’, ‘07’, ‘09’ respectively Verification:# of 1st & 2nd verification mailings sent This is based off the following verification descriptions: ‘NEW VOTER: 1ST VERIFICATION PENDING’, ‘NEW VOTER: 2ND VERIFICATION PENDING’, ‘VOTER CHG: 1ST VERIFICATION PENDING’, ‘VOTER CHG: 1ST VERIFICATION PENDING’, ‘LIST MAINT: 1ST VERIFICATION PENDING’ Verification:# of 1st verification returned undeliverable Number of 1st verification mailings returned undeliverable to the county during the time period. This is based off the following verification descriptions: ‘NEW VOTER: ADDR CONFIRMATION TO FWD ADDR (PRIOR TO MAILING)’, ‘NEW VOTER: 2ND VERIFICATION (PRIOR TO MAILING)’, ‘VOTER CHG: ADDR CONFIRMATION TO FWD ADDR (PRIOR TO MAILING)’, ‘VOTER CHG: ADDR CONFIRMATION TO OLD ADDR (PRIOR TO MAILING) Verification:# of verification returned by voter Number of verifications returned to the county by the voter during the time period. This is based off of source code ‘99’ changes Confirmation:# of confirmations returned by voter Number of verifications returned to the county by the voter during the time period. This is based off of source code ‘98’ changes Confirmation:# of confirmations sent Number of verifications returned to the county by the voter during the time period. This is based off of source code ‘98’ changes Confirmation:# of confirmations returned undeliverable Number of confirmation mailings returned undeliverable to the county during the time period. This is based off the reason changes to ‘CONFIRMATION RETURNED UNDELIVERABLE’ Confirmation:# of confirmations not returned at all Number of confirmation mailings not returned to the county at all during the time period. This is based off the reason changes to ‘CONFIRMATION NOT RETURNED’ Supplemental Explanation – NVRA Change/Duplicate Description For 1/7/2012 forward: NOTE: An NVRA Voter Change is marked if one of the following fields is changed (with a non-administrative change).  Name  Mailing Address  Birth Date  Party  Residential Address NOTE: An NVRA Duplicate is marked if a voter change occurs but was not one of the fields indicated above to represent an NVRA change. Prior to 1/7/2012: NOTE: An NVRA Voter Change is marked if any of the fields below are updated for a voter.  Drivers license  Gender  Confidential Flag  Race  Party  Precinct  Mailing Address  Status  Municipality  Phone number  Name  Ward  Birth date  Residential Address  SSN NOTE: An NVRA Duplicate is flagged if none of the above occur, but one of the following fields are changed:  Reason  Registration date  Source  Application date  Comments  Language Regular Meeting New Hanover County Board of Elections March 15, 2022 Subject: Resolution to Adopt a Time for Counting Absentee Ballots Applicable Statutes and/or Rules: N.C. Gen. Stat. §§ 163-234(2), 163- 234(11), and 163-182.2(a)(4), and Session Law 2020-69 Section 5.6 Summary: The New Hanover County Board of Elections must adopt a resolution for the counting of absentee ballots for the 2022 Primary Election if the counting of absentee ballots will begin prior to 5:00 PM on Election Day. The Board may begin counting all absentee ballots approved by the Board between the hours of 2:00 pm and 5:00 pm on Election Day upon the adoption of a resolution at least two weeks prior to the election in which the hour and place of the counting absentee ballots shall be stated. In addition, the Board may pass a resolution to provide for an additional meeting following Election Day and prior to canvass to count the supplemental absentee and provisional ballots approved by the Board. Attached is a resolution to adopt a time for counting absentee ballots, at 2:00 PM on May 17 and May 26, 2022. This resolution must be run in a paper having general circulation in the county once weekly during the two-week period prior to the election. Document/s Included: Resolution to Adopt a Time for Counting Absentee Ballots Board Action Required: Staff recommends approval Item # 2 Item # 4a RESOLUTION TO ADOPT THE TIME FOR COUNTING OF ABSENTEE BALLOTS At a meeting duly called and held on the 15th day of March 2022, the New Hanover County Board of Elections unanimously adopted the following resolution: WHEREAS the county board of elections is authorized upon adoption of a resolution to begin counting of absentee ballots between the hours of 2:00 pm and 5:00 pm on Election Day; WHEREAS such resolution also may provide for an additional meeting following the day of the election and prior to the day of canvass to count absentee ballots received pursuant to N.C. Gen. Stat. § 163-231(b)(1) or (2); WHEREAS the time and dates designated for these meetings will be at 2:00 pm, on May 17 and May 26, for the purpose of counting absentee ballots; WHEREAS the location of these meetings shall be at the New Hanover County Board of Elections Office, 1241A Military Cutoff Road, Wilmington, NC 28405; WHEREAS the board shall not announce the results of the count before 7:30 pm on Election Day; WHEREAS these meetings are open to all who may want to attend; and, WHEREAS the adoption of this resolution is in compliance with North Carolina General Statutes §§ 163-234(2) and 163-234(11), and Session Law 2020-69 Section 5.6, and will be published in a newspaper of general circulation in the county within the statutory time frame. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Elections hereby unanimously approves the Counting of Absentee Ballots for the 2022 Primary Election to begin at 2:00 pm on May 17 and May 26. Oliver Carter III, Chair StarNews Publication – May 3rd & May 10th Regular Meeting New Hanover County Board of Elections March 15, 2022 Subject: 2022 Primary Election Notice Applicable Statutes and/or Rules N.C. Gen. Stat § 163-33(8) Summary: County Boards of Election across North Carolina are required to place a legal notice in the paper that informs voters of the upcoming election. This notice must be run in a newspaper having general circulation in the county once a week during the 20-day period preceding the voter registration deadline and posted on the courthouse door. In addition to the information on the upcoming election, the notice includes information on the: 1. 2022 Primary Election Absentee One-Stop Voting Period 2. Times for the review of absentee ballot applications (required and additional) 3. Times for the counting of absentee ballots This notice does not satisfy the legal notice requirement for changing the time of counting absentee ballots pursuant to N.C. Gen. Stat. §§ 163-234(2) and 163-234(11), which is required to run once weekly during the two-week period prior to the election. Document/s Included: 2022 Primary Election Notice Board Action Required: Staff recommends approval Item # 2 Item # 4b PUBLIC NOTICE The 2022 Primary Election will be held on Tuesday, May 17, 2022 in New Hanover County for the following federal, state, and local offices: US Senate, US House of Representatives District 7, NC Supreme Court Associate Justice, NC Court of Appeals Judge, New Hanover County Board of Commissioners-2 seats, New Hanover County Board of Education- 4 seats, and New Hanover County Sheriff. Voters will not be required to show photo ID for elections held in 2020. Federal and state courts have temporarily blocked North Carolina’s voter photo ID requirement from taking effect until further order of the courts. All Polling Places in the county will be open from 6:30 am to 7:30 pm on the day of the election, Tuesday, May 17. Absentee One-Stop Voting will be held at the NHC Northeast Regional Library (1241 Military Cutoff Rd), NHC Senior Resource Center (2222 S College Road), Cape Fear Community College Health Sciences Building (415 North 2nd Street), Carolina Beach Town Hall (1121 N. Lake Park Blvd), and McKeithan Center at CFCC-N (4500 Blue Clay Rd). Absentee One-Stop Voting will be open from Thursday, April 28th until 3:00 pm on Saturday, May 14th. Specific dates and times can be found on the Board of Elections website at www.nhcvote.com or by calling our office at (910) 798-7330. Canvass will be held in the New Hanover County Board of Elections office at 11:00 am on Friday, May 27th. Absentee voting by mail is available. Requests for an absentee ballot must be made on an NC Absentee Ballot Request Form (available on the State Board of Elections website and at the county board of elections office) and must be received in the New Hanover County Board of Elections office by 5:00 p.m. on Tuesday, May 10th. Completed request forms may only be returned in-person to the New Hanover County Board of Elections office by the voter, the voter’s near relative or verifiable legal guardian, or by a Multipartisan Assistance Team, or delivered by the U.S. Postal Service or designated delivery service (DHL, FedEx, or UPS). Absentee voting requires the voter to complete an application on the return envelope that must be witnessed by two qualified persons or a notary public. Completed absentee ballots must be returned to the New Hanover County Board of Elections by 5:00 p.m. on Election Day (ballots received by mail after this time will be considered timely if they are received by 5:00 p.m. on Friday, May 20th, and postmarked on or before Election Day). Voters may receive assistance voting a mail-in absentee ballot from a near relative or verifiable legal guardian, or by a qualified person of their choice if a near relative or legal guardian is not available. If the voter resides in a facility such as a nursing home, and the voter’s near relative or legal guardian is not available, the voter or the facility can arrange to have the county board of elections schedule a visit by a Multipartisan Assistance Team to provide assistance and serve as a witness. The Elections Board will meet at 5:00 pm on April 12, 19, 26, and on May 3, 10, and 16, to take action on applications for absentee ballots. The Board will also meet at 2:00 pm on May 17 & May 26 for the purpose of counting absentee ballots. All persons who are registered to vote with the New Hanover County Board of Elections may vote in this election. Persons who are not already registered to vote in the county must register by Friday, April 22nd to be eligible to vote in this election. Voters who are not registered in the county by that deadline may register and vote during one-stop early voting only and will be required to provide documentation of their identity and residence. Voters who fail to timely make a change to their name or address in the county must update the information when presenting to vote and may be required to vote a provisional ballot. Voters voting in person are entitled to assistance by an election official, or, if assistance is needed due to disability or illiteracy, by a qualified person of their choice. Voting sites are accessible to all voters. Curbside voting is available for voters who are not able to enter voting sites. For more information contact NHC Board of Elections, 1241A Military Cutoff Road, Wilmington, NC 28405 Monday – Friday, 8am - 5pm, (910) 798-7330 – www.nhcvote.com. Oliver Carter III, Chair StarNews Publication – March 31st, April 7th & 14th Regular Meeting New Hanover County Board of Elections March 15, 2022 Subject: 2021-2023 Appointment of Chief Judge and Judge Applicable Statutes and/or Rules N.C. Gen. Stat §§ 163-31 and 163-41 Summary: County boards of elections are required to appoint one chief judge and two judges to each precinct in the county wherever possible. The attached document reviews recommendations made by the Democratic and Republican parties for any known vacancies before the March 1st administrative deadline to submit any suggested chief judge or judge appointees for specific precincts. Six of the precincts noted in this document include vacancies as a result of resignation. Per NC Gen. Stat. § 163- 41(d), the Chair has the authority to take action on vacancies that occur at any time other than the day of the primary or election and are the result of a resignation. Per statute, the most important qualification of a chief judge or judge is that they are residents of the precinct in which they are appointed to serve. Wherever possible, all judges should not be members of the same political party. There is not a statutory requirement that a certain number of judges must be Democrats or Republicans. Unaffiliated voters can be appointed as a chief judge or judge. The appointment of Unaffiliated and Democratic judge or Unaffiliated and Republican judges meets the bipartisan criteria since Unaffiliated judges are not of the same political party as either Democrat or Republican judges. Per the NC State Board of Elections, examining the voting history of prospective judges is not required, nor is it appropriate. From an administrative perspective, it is imperative that the county board appoint as many qualified resident chief judges and judges as statutorily permitted to ensure that our office has sufficient time to 1) onboard, assign, and train election officials to perform all required administrative and technical tasks on Election Day and 2) to fill any last-minute vacancies of appointed chief judges or judges with transfer chief judges or judges to ensure effective management of the election-related processes. It is critical that, whenever possible, the use of transfer judges be limited to ensure that we have sufficient capacity to fill last minute vacancies in those appointed to serve in each precinct. Through the timely establishment of these appointments, teams can be built in a timely manner using other election officials to ensure that all skillsets and knowledge-bases are present at each polling place. Per the NC State Board of Elections, because the current board did not unanimously appoint as required by N.C. Gen. Stat § 163-41(c) in all precincts, the precinct chief judges and judges appointed in 2019 hold over until a new judge is properly appointed by the board for that position. This is because G.S. 163- 41(a) states, “Their terms of office shall continue for two years from the specified date of appointment and until their successors are appointed and qualified, except that if a nonresident of the precinct is appointed as chief judge or judge for a precinct, that person's term of office shall end if the board of elections appoints a qualified resident of the precinct of the same party to replace the nonresident chief judge or judge.” The chair has this authority to approve the appointment of judges or chief judges Item # 4c without needing unanimous approval of the board when there is a vacancy in an appointed position, which does not occur unless the current chief judge or judge is removed from office, dies, or resigns – those are the circumstances under which a vacancy would be created under G.S. 163-41(d). In addition, the State Board maintains that, if the county board has two transfer judges appointed to a precinct because of the appointment of new nonresident Judge to a precinct for 2021/2023 term and a “holdover” nonresident judge from the 2019/2021 election cycle, then the appointment of the new transfer judge is “void” since we already had a judge from outside the precinct and the judge was not replaced by qualified voter in the precinct. For the “voided” appointments, the Chairman has the authority to appoint another in their place under NC General Statute § 163-41(d). Document/s Included: 2021-2023 Chief Judge and Judge Vacancies and Party Recommendations Board Action Required: Discuss as necessary Appointed Precinct Position Vacancy Recommended By: Party Affiliation Name Home Precinct Years of Service in NHC since 2014 Resident of Precinct (Y/N)Notes CF02 J-D Democratic Party D Valerie Smith CF05 2 N TRANSFER- No other transfers in precinct. 2021 Appointee resigned due to location and commute (2021 appointee was a transfer). Appointed Precinct Position Vacancy Recommended By: Party Affiliation Name Home Precinct Years of Service in NHC since 2014 Resident of Precinct (Y/N)Notes H04 CJ Democratic Party D John "Mark" DeLoach H03 0 N TRANSFER- No other transfers in precinct. 2021 Appointee resigned as she accepted a position in the BOE office (2021 appointee was a transfer). Near Relative of Candidate in 2022 Elections. Appointed Precinct Position Vacancy Recommended By: Party Affiliation Name Home Precinct Years of Service in NHC since 2014 Resident of Precinct (Y/N)Notes H05 J-D Democratic Party D Peter Bailey H05 0 Y Recommended individual is Home Precinct. 2021 Appointee resigned as she has relocated to Wake County. Appointed Precinct Position Vacancy Recommended By: Party Affiliation Name Home Precinct Years of Service in NHC since 2014 Resident of Precinct (Y/N)Notes H10 CJ Democratic Party D Faye Jacobs H10 0 Y Recommended individual is Home Precinct. 2019 Appointee Resigned as she has relocated out of state. No action was taken by Board of Elections to appoint in 2021. Republican Party R Lori Apple W31 0 N TRANSFER- No other transfers in precinct. 2019 Appointee Resigned as she has relocated out of state. No action was taken by Board of Elections to appoint in 2021. Appointed Precinct Position Vacancy Recommended By: Party Affiliation Name Home Precinct Years of Service in NHC since 2014 Resident of Precinct (Y/N)Notes M04 CJ CURRENT APPOINTEE NHCBOE Patricia Dagnon M04 14 Y Current appointee (U) is home precinct, cannot be replaced in this manner Democratic Party D Kathleen Strongylos W12 1 N TRANSFER- No other transfers in precinct Chief Judge and Judge Vacancies 2022 Vacancies and Party Recommendations Appointed Precinct Position Vacancy Recommended By: Party Affiliation Name Home Precinct Years of Service in NHC since 2014 Resident of Precinct (Y/N)Notes W03 J-D Democratic Party D Dana Hamerski W03 1 Y Recommended individual is Home Precinct- 2021 Appointee Resigned at BOE's request because their appointment exceeded number of transfers allowed. Appointed Precinct Position Vacancy Recommended By: Party Affiliation Name Home Precinct Years of Service in NHC since 2014 Resident of Precinct (Y/N)Notes W08 J-D Democratic Party D Dorothy Hodder W08 0 Y Recommended individual is Home Precinct- 2021 Appointee Resigned at BOE's request because their appointment exceeded number of transfers allowed. Appointed Precinct Position Vacancy Recommended By: Party Affiliation Name Home Precinct Years of Service in NHC since 2014 Resident of Precinct (Y/N)Notes W13 J-R Republican Party R Thomas C. Newton H02 0 N TRANSFER- Appointed CJ from 2019-2021 does not wish to resign (and is a Transfer). The appointment of an additional transfer would result in excess of Transfers. Appointed Precinct Position Vacancy Recommended By: Party Affiliation Name Home Precinct Years of Service in NHC since 2014 Resident of Precinct (Y/N)Notes W24 J-R Republican Party R Thomas C. Newton H02 0 N TRANSFER- Appointed CJ from 2021 is Transfer from W29.The appointment of an additional transfer would result in excess of Transfers. Regular Meeting New Hanover County Board of Elections March 15, 2022 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 # 5