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Home My WebLink AboutBoard Meeting Agenda Packet 04-26-2022MEETING AGENDA Date: April 26, 2022 Time: 5:00 PM Location: Bd of Elections Office, Long Leaf Room Type: Special 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.Statutorily-Required Business a.Review of Absentee Ballot Applications b.Chief Judge/Judge Administrative Assignments for the 2022 Primary Election 4.General Discussion •Other Elections-Related Matters 5.Adjournment *Agenda packets are sent via email in advance of meetings. Special Meeting New Hanover County Board of Elections April 26, 2022 Subject: Approval of Agenda Summary: N/A Board Action Required: Staff recommends approval Item # 1d Draft Special Meeting New Hanover County Board of Elections April 26, 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 Draft Special Meeting New Hanover County Board of Elections April 26, 2022 Subject: Review of Absentee Ballot Applications Applicable Statutes and/or Rules N.C. Gen. Stat §§ 163-229(b) and 163-230.1(f), NCSBOE Numbered Memos 2021-03, 2021-07 and 2020- 29 Summary: By statute, county boards of elections are required to meet beginning on the fifth Tuesday prior to each election to review and take action on upon absentee ballot applications. At each absentee board meeting, county boards will need to either approve or deny the absentee applications. All returned absentee ballot applications for the 2022 Primary Election must include the following: 1. The voter’s certification of eligibility to vote the enclosed ballot. 2. The certification of two witnesses, to include their residence address, or one public notary. 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 Numbered Memo 2021-03, there are three different types of deficiencies associated with absentee ballot applications: 1) deficiencies that can be cured by sending the voter a certification, 2) deficiencies that require the ballot to be spoiled, and 3) deficiencies that require additional board review and action. Deficiencies that can be cured: •Missing voter signature •Voter signed in the wrong place Deficiencies that require the ballot to be spoiled: •A witness or assistant did not print name (If the witness or assistant’s signature is legible such that the name can be determined, the absentee ballot application is not deficient and the ballot should not be spoiled, absent any other deficiency) •A witness or assistant did not print address (Failure to print witness zip code does not invalidate the application. Failure to include the city or state in the address does not invalidate the application if the county board of elections can determine the correct address) •Missing witness or assistant signature •Witness or assistant signed in place of voter signature (Otherwise, if all witness or assistant information is present on the application but not on the designated lines, then the application is not deficient, and the ballot should not be spoiled absent any other deficiency) •If container-return envelope arrives at the county board of elections office unsealed or appears to have been opened and re-sealed •The envelope indicates the voter is requesting a replacement ballot Item # 3a Draft Deficiencies that require board action: •Deficiency is first noticed at a board meeting •No ballot in a container-return envelope •More than one ballot in a container-return envelope •Two voter’s ballots and container-return envelopes are switched County boards of elections take preparatory steps to expedite review of absentee ballot applications by the board. After intake, staff must inspect the absentee ballot application on each container-return envelope and make an initial determination as to whether the envelope was properly executed. If a deficiency exists, they must follow the cure process outlined in Numbered Memo 2021-03. Staff should also perform an initial sort of ballot envelopes into categories upon initial review and to present those recommendations to the board at each absentee board meeting. Those categories may include designations for recommended approval, recommended disapproval, envelopes awaiting a cure certification, and those that staff have questions about that require deliberation by the board. The board may by majority vote accept staff’s recommendation for absentee ballot envelopes that staff have reviewed and recommended for approval. The delegation must include a process for the board to spot-check the envelopes to ensure accuracy and consistency. However, the board must individually review all ballot envelopes that: (1) have been recommended for disapproval by staff, (2) have a cure certification associated with that ballot envelope, or (3) where staff need further guidance from the board as to whether the envelope was properly executed. After action has been taken by the board on all absentee ballot applications assigned to that board meeting, the board may make a motion to authorize staff to begin preparatory steps to optically scan all approved absentee ballots. A bipartisan team of staff members will open all envelopes to remove ballots, confirming that the absentee code on the ballot matches the absentee code on the absentee application. At the meetings when ballots are optically scanned, a bipartisan duplication team is required to be present in the event a ballot needs to be duplicated so it can be successfully scanned by the DS850 central scanner. In these cases, a staff member will present the original ballot and duplicated ballot to the board for review prior to the scanning of the ballot. In addition, all approved absentee applications and ballots should be reconciled at the end of the meeting with the number of approved absentee applications on the envelopes equals in number to the number of ballots counted by the DS850 central scanner. The county board of elections staff should record the count on the DS850 scanner at the start and end of each absentee meeting. Document/s Included: NCSBOE Numbered Memos 2021-03, 2021-07, and 2020-29, Absentee Poll Book and Reconciliation Log Sheet (Provided at meeting) Board Action Required: Discuss as necessary and action required Draft Mailing Address: P.O. Box 27255 Raleigh, NC 27611 (919) 814-0700 or(866) 522-4723 Fax: (919) 715-0135 Numbered Memo 2021-03 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Absentee Container-Return Envelope Deficiencies DATE: June 11, 2021 This numbered memo replaces Numbered Memo 2020-19, which was first issued on August 21, 2020 and subsequently revised and reissued on September 22, 2020, and October 17, 2020. The State Board is required to provide a cure process for voters whose absentee container-return enve- lopes contain certain deficiencies. There were two separate court orders requiring a cure process. The Consent Judgment in NC Alliance v. State Board of Elections, No. 20-CVS-8881 (Wake Co. Sup. Ct. Oct. 2, 2020), which formed part of the basis for the revised 2020 memo, was limited to the 2020 general election. The preliminary injunction in Democracy NC v. State Board of Elec- tions, 476 F.Supp.3d 158 (M.D.N.C. Aug. 4, 2020), was not limited to a particular election. This numbered memo revises the cure process that was first established for the 2020 general election and applies to all elections going forward. 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 ab- sentee 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 Verification of the voter’s identity is completed through the witness requirement. The voter’s signature on the envelope shall not be compared with the voter’s signature in their registration 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 Direc- tor in G.S. § 163-26. Draft 2 record because this is not required by North Carolina law.2 County boards shall accept the voter’s signature on the container-return envelope if it appears to be made by the voter, meaning the sig- nature on the envelope appears to be the name of the voter and not some other person. Absent 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. 2.Types of Deficiencies Trained county board staff shall review each executed container-return envelope the office re- ceives 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 timely correct deficiencies. Review of the container-return envelope for deficien- cies 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 new ballot is issued before Election Day. See Section 3 of this memo, Voter Notification. 2.1. Deficiencies Curable with Cure Certification (Civilian and UOCAVA) The following deficiencies can be cured by sending the voter a cure certification: •Voter did not sign the Voter Certification. •Voter signed in the wrong place. The cure certification process applies to civilian and UOCAVA voters. 2.2. Deficiencies that Require the Ballot to Be Spoiled (Civilian) The following deficiencies cannot be cured by certification, because the missing information comes from someone other than the voter: •A witness or assistant did not print name.3 However, if the witness forgot to print their name but the witness’s or assistant’s signature is legible such that the name can be deter- mined, the container-return envelope is not deficient and the ballot shall not be spoiled, absent any other deficiency. 2 See also Numbered Memo 2020-15, which explains that signature comparison is not permissi- ble for absentee request forms. 3 If the printed 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. Draft 3 •A witness or assistant did not print address.4 •A witness or assistant did not sign. •A witness or assistant signed on the wrong line. Where the witness or assistant signed in place of the voter’s signature, that deficiency cannot be cured and requires the ballot to be spoiled. Otherwise, if all required information from the witness or assistant is present but not on the designated line for each (for example, the witness or assistant printed their name on the address line, printed their address on the name line, and signed), the container-return envelope is not deficient and the ballot shall not be spoiled, absent any other deficiency. •Upon arrival at the county board office, the envelope is unsealed or appears to have been opened and re-sealed. •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 this numbered memo. 2.3. Deficiencies that require board action Some deficiencies cannot be resolved by staff and require action by the county board. These in- clude situations where the deficiency is first noticed at a board meeting or if it becomes apparent during a board meeting that no ballot is in the container-return envelope, more than one ballot is in the container-return envelope, or two voters’ ballots and container-return envelopes were switched. If the county board disapproves a container-return envelope by majority vote in a board meeting, it shall proceed according to the notification process outlined in Section 3. 4 Failure to list a witness’s ZIP code does not invalidate the container-return envelope. G.S. § 163-231(a)(5). A witness’s 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 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 ballot spoiled in accordance with Section 3. See Numbered Memo 2020-29 for additional information regarding address issues. Draft 4 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, 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. The outside of the envelope containing the new ballot or cure certification shall indicate that it contains official election mail, unless it is not possible due to the use of a specialized USPS or commercial carrier service envelope. 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 certi- fications. 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 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 by mail 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 5 p.m. the day before county canvass. 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. There is not a postmark re- quirement for cure certifications returned by mail – the cure certification must be received by the deadline, not postmarked by the deadline. 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. Voters who require assistance in mailing their ballot pursuant to 08 NCAC 18 .0101(a) may also direct that the cure certification be taken directly to the closest U.S. mail depository or mailbox by a person selected by the voter in accordance with the Rule. It is not permissible for a Draft 5 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, but the cure certification must be signed by the voter. 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. 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 was timely received and contains the voter’s name and signature and was returned by an authorized person, the county board of elections shall approve the absentee ballot. 4.Late Absentee Ballots Voters whose ballots are not counted due to being late shall be mailed a notice stating the reason their ballot was not counted. 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 2021-07 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Deficiencies in Notary Portion of Absentee Application and Certificate DATE: August 31, 2021 This numbered memo explains how county boards of elections should treat technical deficiencies in the execution of the notary portion of an absentee container return envelope (officially called the absentee ballot application and certificate). It replaces Numbered Memo 2020-07. The guidance balances the goal of uniformly applying the law while seeking to not punish the voter for a notary’s inadvertent mistake or error. G.S. § 163-231(a) requires a voter to mark the absentee by-mail ballot in the presence of two witnesses or one notary public, who must sign the container return envelope as witness(es). If witnessed by a notary, the statute requires the notary public to affix their valid notarial seal to the envelope and include the phrase “Notary Public” below his or her signature. State Board of Elections staff consulted with the North Carolina Department of the Secretary of State’s Electronic Notarization and Notary Enforcement Division regarding the validity of an incomplete notarization on the container return envelope. While the Secretary of State’s Office cannot adjudicate an absentee ballot, they provided useful information on how the notary statutes work in conjunction with our election statutes, including that there is a presumption of regularity in the absence of fraud on the part of the notary, or evidence of a knowing and deliberate violation of the notary statutes by the notary.1 The Secretary of State’s Office has requested that notarial errors on the absentee ballot container-return envelope be reported to them. Certain technical errors in executing the notary’s portion of the container return envelope are not considered deficiencies. Other errors are considered deficiencies that require the ballot to be spoiled and reissued in accordance with Section 2.2 of Numbered Memo 2021-03. 1 G.S. 10B-99(a) (relevant portion): “In the absence of evidence of fraud on the part of the notary, or evidence of a knowing and deliberate violation of this Article by the notary, the courts shall grant a presumption of regularity to notarial acts so that those acts may be upheld, provided there has been substantial compliance with the law.” Draft 2 1.Technical Errors That Are Not Considered Deficiencies The following technical errors do not affect the sufficiency, validity, or enforceability of the notarial certificate itself or the underlying document and are not considered deficiencies: •Notary leaves off the name of the voter or misspells the voter’s name; •Notary does not write the expiration date of their commission; •Notary does not include the name of the county or State; •The notary seal is hard to read; •The notary does not include the date the notary witnessed the marking of the ballot; or •A combination of the above.2 2.Technical Errors That Are Considered Deficiencies The following errors in the notarial certificate are considered deficiencies that cannot be cured by certification, and require that the ballot be spoiled and reissued in accordance with Numbered Memo 2021-03: •The notary’s signature is missing. Pursuant to G.S. § 163-231(a)(5), the notary’s signature is required. •The notarial seal is missing altogether or contains missing information. G.S. § 163-231(a) requires the notary to affix a valid notarial seal to the envelope. 2 G.S. § 10B-68 (relevant portion): (a)Technical defects, errors, or omissions in a notarial certificate shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related instrument or document. […] (c) As used in this section, a technical defect includes those cured under G.S. 10B-37(f) and G.S. 10B- 67. Other technical defects include, but are not limited to, the absence of the legible appearance of the notary's name exactly as shown on the notary's commission as required in G.S. 10B-20(b), the affixation of the notary's seal near the signature of the principal or subscribing witness rather than near the notary's signature, minor typographical mistakes in the spelling of the principal's name, the failure to acknowledge the principal's name exactly as signed by including or omitting initials, or the failure to specify the principal's title or office, if any.” G.S. 10B-67: “An erroneous statement of the date that the notary's commission expires shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related record if the notary is, in fact, lawfully commissioned at the time of the notarial act. This section applies to notarial acts whenever performed.” G.S. 10B-37(f): “The failure of a notarial seal to comply with the requirements of this section shall not affect the sufficiency, validity, or enforceability of the notarial certificate, but shall constitute a violation of the notary's duties.” Draft 3 3. Fraud Indicators If there are indications of fraud on the absentee envelope, whether they relate to the notary section or other sections of the envelope, this information should be sent to the State Board’s Investigations Division. Examples of fraud indicators include: •A notary or witness completed multiple applications containing technical errors; •The handwriting for the voter’s signature and witness’s signature appears identical; •The envelope appears to have been tampered with; and •There are stray or suspicious markings on the envelope. Draft Mailing Address: P.O. Box 27255 Raleigh, NC 27611 (919) 814-0700 or(866) 522-4723 Fax: (919) 715-0135 Numbered Memo 2020-29 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Witness or Assistant Address Issues on the Absentee Container-Return Envelope DATE: October 4, 2020 This memo is issued to provide uniform guidance and further clarification on how to determine if the correct address can be identified if the witness’s or assistant’s address on an absentee container- return envelope is incomplete. If No Address If a witness or assistant does not print their address, the envelope is deficient. Missing ZIP Code or City As previously explained in Footnote 3 of Numbered Memo 2020-19, 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 City and ZIP Code Missing 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 is deficient. If one of the following criteria are met, you can determine the address and the envelope is not deficient: •The witness or assistant’s address is the same as the voter’s address – either because the witness or assistant wrote “same as above” or something similar on the address line or because the partial address provided matches the address of the voter – or it is on the same street as the voter’s address; •The witness’s or assistant’s name and partial address match that of a registered voter in your county in SEIMS; or Draft 2 •The street address is a valid address in your county. You may confirm this using a county GIS website1 or office, or a similar tool. Do not use an online directions tool such as Google Maps, which does not identify whether an address is valid. If there is only a street address and none of the above criteria are met, the county board cannot determine the address and the envelope is deficient. If a P.O. box is listed but the address provided does not include a city or ZIP code, it is not possible to determine the address and the envelope is deficient. 1 https://www.lib.ncsu.edu/gis/counties.html Draft Special Meeting New Hanover County Board of Elections April 26, 2022 Subject: Chief Judge/Judge Administrative Assignments for the 2022 Primary Election Applicable Statutes and/or Rules N.C. Gen. Stat §§ 163-41 and 163-35(d) Summary: This document includes a list of judges who have been administratively assigned to fill-in for appointed judges who are not able to work on Election Day in the 2022 Primary Election. Additional administrative assignments may be made and presented at subsequent absentee meetings if additional chief judges or judges become unavailable to work in this election. Document/s Included: Chief Judge/Judge Administrative Assignments for the 2022 Primary Election (Provided at Meeting) Board Action Required: Discuss as necessary Item # 3b Draft Special Meeting New Hanover County Board of Elections April 26, 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 # 4 Draft