HomeMy WebLinkAboutBoard Meeting Agenda Packet 11-18-2022
MEETING AGENDA
Date: November 18, 2022 Time: 11:00 AM
Location: Bd of Elections Office, Longleaf 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): Lisa Wurtzbacher, Assistant County Manager; Kemp Burpeau, Deputy County Attorney
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 Questions
• 2-minute limit
• 10-minute total
3. New Business
a. Absentee Ballot Challenge Hearings
b. Canvass of 2022 General Election
4. Adjournment
*Agenda packets are sent via email in advance of meetings.
Special Meeting
New Hanover County Board of Elections
November 18, 2022
Subject:
Approval of Agenda
Summary:
N/A
Board Action Required:
Staff recommends approval
Item # 1c
Special Meeting
New Hanover County Board of Elections
November 18, 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 ten-minute limit total for all public comments.
Board Action Required:
Discuss as necessary
Item # 2 Item # 2
Special Meeting
New Hanover County Board of Elections
November 18, 2022
Subject:
Absentee Ballot Challenge Hearings
Applicable Statutes and/or Rules
N.C. Gen. Stat § 163-86 and NCSBOE Numbered Memo 2022-05
Summary:
The Board of Elections held preliminary hearings on the challenge to the following voters’ right to cast a
ballot in the 2022 General Election:
• Alicia Atkinson (W30) - The person’s absentee ballot was inserted by the voter, without
authorization, contrary to verbal instructions of the Chief Judge or Judge.
• Michael Anthony Lloyd III (CF02) - The person was issued the wrong ballot with contests for
which the voter is ineligible, and the person is not who he represents himself to be due to
inadvertent oversight/good faith error.
• Charlotte Spears Hicks (Pct H05) – The person was issued the wrong ballot style.
• Jeffrey Scot Connolly, Jr (Pct M03) – The person voted an Absentee One-Stop ballot but is not
currently registered to vote in New Hanover County.
• Roger Peter James (Pct H11) - The person was issued the wrong ballot with contests for which
the voter is ineligible, and the person is not who he represents himself to be due to inadvertent
oversight/good faith error.
• Ronald Joseph Primus (Pct M03) - The person is dead.
At this meeting the Board determined, based on the evidence presented, that probable cause existed to
proceed with a full hearing on the matter in accordance with N.C. Gen. Stat. §16-86.
The following parties have been notified of the full challenge hearing scheduled for May 27, 2022, at
11:00 AM:
• Challenged Registrants (via certified first-class mail)
• Oliver Carter III, Challenger (via email)
• Andre Brown, Chairman, New Hanover County Democratic Party (via email)
• Will Knecht, Chairman, New Hanover County Republican Party (via email)
At this meeting, the Board will need to determine if the evidence presented merits removal of voter’s
absentee ballot. A challenge cannot be sustained unless the challenge is substantiated by affirmative
proof. A summary of the circumstances associated with each voter’s ballot is included below.
Item # 3a
Alicia Atkinson
The voter presented at W30 on Election Day with her absentee-by-mail ballot. Chief Judge correctly
informed the voter that they could not drop off their absentee-by-mail ballot on Election Day at a
polling place. The incident report written by the Chief Judge at W30 notes that she asked the voter
to walk with her so she could call our office to see if voter could drop the ballot off but the voter
“….went on and put it in the DS200 machine”. I spoke to Ms. Atkinson who asserts that the Chief
Judge instructed her to insert the ballot into the tabulator. We have retrieved that ballot if the
board wishes to take further action in this matter.
Michael Anthony Lloyd III
The voter returned a UOCAVA ballot on 11/9/22. There is a voter history record attached to this
voter for this election that indicates that he voted on 11/1/22 at CFCC-North Campus McKeithan
Center. The processing of the voter history record from the One-Stop site changed the status of his
UOCAVA absentee request to “Spoiled”. Beth Pugh spoke to Michael Anthony Lloyd III, who stated
that he believes that his father, Michael Anthony Lloyd, voted at One-Stop. The signature on the OS
application from 11/1/22 at the OS CFN site resembles the signature on the father’s registration
record. Michael Anthony Lloyd III resides in precinct CF02 and is eligible to vote ballot style B0001.
Michael Anthony Lloyd IV resides in precinct H01 and is eligible to vote ballot style B0003.
Charlotte Spears Hicks
The voter voted in-person at the Northeast Library on October 26, 2022. Ms. Hicks was given the
wrong ballot style by the election official. Upon stating her name and address, the election official
issued the One Stop application to the voter and then clicked “Vote”, at which point a ballot printed
on the Ballot-on-Demand (BOD) printer. The voter realized that the application did not list her
correct name or address as it was for a Charles Hicks, whose ballot style is B0002. The election
official cancelled the application and voter history record in the electronic pollbook and crossed
through the hard copy application to indicate the voter history record had been cancelled. The
cancelled paper application was stored with other miscellaneous paperwork for return to our office.
The election official then issued the correct application to this voter. The voter signed the form, and
the election official gave the voter the ballot on the BOD printer. Unfortunately, the official did not
use the barcode scanner at their station to make certain the ballot style on the voter’s ballot
matched the ballot style on the application as is the standard practice during early voting and gave
the voter the wrong ballot (i.e., the ballot printed for Charlie Hicks). Charlotte Hicks should have
received ballot style B0003, not a B0002. Once the voter left the check-in station, the election
official took the ballot that just printed, which was the voter’s B0003 ballot, and marked SPOILED
through it, thinking it was the first incorrect ballot. The voter marked the ballot and inserted the
marked ballot in the DS200. Once the voter got home, she realized that the ballot style she was
given did not match the ballot style she had researched and contacted our office. We were able to
locate the Incident Report, cancelled One Stop application, voted ballot with correct absentee code
on incorrect ballot style , SPOILED ballot, and voter’s signed One Stop application. The ballot she
deposited into the DS200 was a B0002. I contacted the voter to inform her that she could present
to vote again during early voting or on Election Day to cast a provisional ballot since the electronic
pollbook would indicate that she had already voted in this election.
Jeffrey Scot Conolly Jr
This voter’s absentee ballot was cast using the wrong voter record at 11/1/2022 at the OS-CB site.
Per the incident report, Mr. Conolly presented to vote and stated his name and address, which
matches the name and address of his son. Mr. Conolly signed the application that was printed but
did not see that the application was printed using his son’s record. Mr. Conolly is not currently
registered. His previous registration record was removed on January 4, 2017 after two federal
elections in inactive status. Mr. Conolly should have been given the opportunity to complete the
same day registration process and vote or to vote provisionally. I have spoken to Mr. Conolly to
apprise him of this situation so that he could vote provisionally on Election Day, which he did at
precinct M03. His son, is Jeffrey Scot Conolly Jr, voted in Durham County. As a result, we removed
his son’s voter registration on November 6, 2022, due to move within state.
Roger Peter James
This voter presented to vote at precinct H11 on Election Day and was informed that it appeared that
he had already voted. He indicated that he had not voted and cast a provisional ballot at this
precinct. There is a voter history record for this election attached to his record and a signed OS
application from 10/27/22 at the Senior Resource Center site. The OS application for Roger Peter
James appears to have been signed by Roger W. James. There is a Roger Wayne James registered to
vote in precinct W16 and he is eligible to vote ballot style B0003. Roger Peter James resides in
precinct H11 and is eligible to vote ballot style B0001.
Ronald Joseph Primus
The voter voted an absentee-by-mail ballot approved by the board at the October 11, 2022 meeting.
Per the report from the NC Department of Health and Human Services used by the NC State Board
of Elections for monthly list maintenance, Mr. Primus passed away on 10/23/2022.
Document/s Included:
NCSBOE Numbered Memo 2022-05; Voter Challenge Procedures; Notice of Absentee Ballot Challenges
and Voter Documents (Provided at Meeting)
Board Action Required:
Discuss as necessary and action required
Mailing Address: P.O. Box 27255 Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135
Numbered Memo 2022-05
TO: County Boards of Elections
FROM: Karen Brinson Bell, Executive Director
RE: County Board Challenges to Ineligible Absentee Ballots
DATE: May 12, 2022
This numbered memo provides procedures for county boards and/or chief judges to challenge
ineligible absentee-by-mail and one-stop ballots (both of which are considered “absentee”
ballots). It formalizes and revises the “Reminders for Absentee Challenges” document that was
sent to county boards in 2020 and 2021. The guidance in this memo is intended only for county
board challenges. It does not include guidance for members of the public seeking to file voter
challenges.
Included in this numbered memo are the basic steps that county boards must follow, along with
answers to frequently asked questions about specific situations that often arise. A sample
challenge form and hearing notice are appended to this memo.
The only method to retrieve and discount the ballot of an absentee voter is through a timely and
successful absentee ballot challenge.1 This memo overrules the “Disputed Ballots” section of
Numbered Memo 2012-28, to the extent it suggests otherwise.
As outlined below, generally the first step will be the disapproval of the one-stop or absentee-by-
mail application by the county board at an absentee meeting, followed by a challenge. However,
if your board has already approved a one-stop or by-mail application and you determine that the
ballot was ineligible, you will still need to follow the ballot challenge procedures below. If, after
1 G.S. § 163-89; see N.C. State Bd. of Elections, Order In the Matter of: Consideration of Certain
Legal Questions Affecting the Authentication of the 2016 General Election, ¶ 7 (Nov. 28, 2016)
(“No county board may retrieve and discount a ballot cast by an unqualified voter unless a
challenge was timely brought . . . or the State Board or a county board has found [pursuant to an
election protest] that ineligible voters participated in numbers sufficient to change the outcome
of the election.”).
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a challenge proceeding, the board determines that the ballot was properly cast, it shall reconsider
and approve the application (if it was not already approved) and permit the ballot to be opened
and counted.
As a reminder, the qualifications for all voters, including absentee voters, are judged as of
Election Day.2
Who May File a Challenge
There are two options for who may file a challenge when it becomes apparent to the county
board that an ineligible absentee ballot has been cast:
1. The county board of elections may file challenges to one-stop or absentee-by-mail
ballots;3 or
2. The chief judge of the voter’s precinct may file the challenge to one-stop or absentee-by-
mail ballots at the close of the polls on Election Day. The chief judge is not required to be
a resident of the voter’s precinct.4
Challenge Deadlines
One-Stop: A challenge to a voter’s ballot cast at a one-stop site must be filed:
1. By the county board between noon on Election Day and 5 p.m. on the next business day
following the deadline for receipt of civilian absentee ballots (i.e., the Monday after
Election Day, typically);5
2 G.S. § 163-226.
3 G.S. § 163-227.2(d); see G.S. § 163-182.5(a) (permitting county boards to “pass upon the
legality of disputed ballots,” which it may do on its own motion pursuant to a proper challenge).
4 G.S. § 163-89(a).
5 The 5 p.m. Election Day deadline in G.S. § 163-89(a) applies to challenges brought by voters
only, not county boards. The authority for county board challenges of absentee ballots comes
from G.S. § 163-182.5(a) and § 163-227.2(d), neither of which sets an Election Day deadline.
The county board must, however, challenge a ballot in sufficient time for notice of a challenge
hearing to be effectively delivered to a challenged voter, to comply with the requirements of due
process. Accordingly, one-stop and civilian absentee challenges may not be filed after the
business day following the last day for the receipt of civilian absentee ballots, which affords
enough time for notice to be received by the voter before the hearing at the county canvass
meeting.
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2. By the chief judge of the voter’s precinct at the close of the polls on Election Day;6 or
3. During the one-stop voting period.7
By-Mail: A challenge to an absentee-by-mail ballot must be filed either:
1. By the county board between noon on Election Day and 5 p.m. on the next business day
following the deadline for receipt of civilian absentee ballots (i.e., the Monday after
Election Day, typically);8 or
2. By the chief judge of the voter’s precinct at the close of the polls on Election Day.9
Disapproving the Absentee Application and Challenging the Absentee
Ballot
1. Disapproving the One-Stop or Absentee-By-Mail Application
If a county board finds that a voter was not qualified to cast an absentee ballot or finds that the
voter was not qualified to cast the ballot issued, at its absentee board meeting the county board
must disapprove the absentee application and then file a ballot challenge.10
Upon disapproving the application, the board must notify the voter stating the reason for
disapproval by first-class mail addressed to the voter at that voter’s residence address and at the
address shown in the application for the voter’s absentee ballot.11
In some instances, the voter should be notified of the opportunity to vote a provisional ballot
during early voting or on Election Day. This may occur if, for example, the voter was given an
incorrect ballot style or was erroneously allowed to change party affiliation during One-Stop and
there remains time to re-vote. In such cases, the county board should contact the voter via phone,
if possible, immediately to notify them of this option.
6 G.S. § 163-89(a).
7 G.S. § 163-227.2(i).
8 For any challenges to UOCAVA ballots received after the civilian absentee ballot receipt
deadline, the county board must file the challenge as far in advance of county canvass as possible
and notify the voter by any means that are available to ensure the quickest notification.
9 G.S. § 163-89(a).
10 G.S. §§ 163-227.2(d), 163-230.1(f).
11 G.S. § 163-227.2(d).
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2. Challenging the Absentee Ballot
a. Enter the Challenge. Use one of the following options:
i. At the absentee board meeting on Election Day or at a subsequent
board meeting, the board must enter an official challenge to the
absentee ballot, using the challenge form and attaching any relevant
evidence;
Or,
ii. The chief judge of the precinct in which the voter is registered enters
the challenge at the polling place at the time of close of the polls; the
chief judge should use the challenge form to enter the challenge and
attach any relevant evidence. NOTE: If the chief judge is to challenge
the ballot at the close of the polls on Election Day, the CBE should
prepare the Notice of Challenge and other materials (e.g., Incident
Report, witness statements, etc.), and provide the materials to the chief
judge to ensure the chief judge is prepared to make the challenge.
b. Send Notice. The board shall hold a hearing on the challenge on the day set
for the county canvass. The voter whose ballot is being challenged must be
sent a notice in advance of the hearing (preferably via first-class mail),
addressed to the voter’s residence address, mailing address (if different), and
the address shown in the application for absentee ballots. The notice shall
include the reason for the challenge and the date and time of the county
canvass where the challenge will be heard.
c. Conduct the Hearing. Follow the procedures in G.S. §§ 163-88 and 163-89(e)
for examining the challenged voter (if they appear), administering oaths, and
adjudicating the challenge. Recall that “[n]o challenge shall be sustained
unless the challenge is substantiated by affirmative proof,” and “[i]n the
absence of such proof, the presumption shall be that the voter is properly
registered or affiliated.”12
12 G.S. § 163-90.1(b).
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d. If Challenge Sustained. If the challenge to the absentee ballot is sustained, the
board shall direct county board staff to retrieve the challenged absentee ballot,
and carry out the following steps:
i. The board shall complete a tally sheet to deduct the votes cast on the
full ballot or shall deduct the votes cast for any ineligible contest. If
the voter returned to vote a provisional ballot with an eligible ballot
(because they are eligible but voted the wrong ballot at first), the
original ballot should be deducted in full and the provisional should be
counted. The board shall direct staff to add a manual edit to the proper
precinct results in the proper reporting group to deduct any ineligible
votes that were recorded on the results tally sheet.
ii. The staff shall then print two copies of the manual edit report and
attach one report to the tally sheet and one report to the official
canvass report.
iii. The challenged ballots and the accompanying tally sheet and a copy of
the manual edit report shall then be sealed by the board and separated
from the other absentee ballots.
iv. The official canvass reports shall be provided to the State Board of
Elections pursuant to G.S. § 163-182.6.
v. The county board shall prepare a supplemental absentee abstract in
accordance with G.S. § 163-234(6) and provide it to the State Board of
Elections.
e. Challenge Overruled/Dismissed. If the challenge is overruled or dismissed,
the board must reconsider and approve the absentee application (if it was not
already approved), and proceed to count the ballot.
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Frequently Asked Questions
1. A person who is serving a felony sentence registered to vote using same-day
registration and cast a ballot during one-stop voting. What should the CBE
do?13
• Create an incident report
• Follow the process for Disapproving the Application and Challenging the
Absentee Ballot above.
• Report to Investigations at the State Board via a Help Desk ticket. Include the
application number, incident report, and any other documentation.
• Deny the voter registration application.14 Once the county board resolves that the
applicant is not qualified to vote due to felony conviction, the board shall send,
by certified mail, a notice of denial of registration. The notice of denial shall
contain the date on which registration was denied, and shall be mailed within
two business days after denial. Any applicant who receives notice of denial of
registration may appeal the denial within five days after receipt of the notice of
denial. Keep a physical copy of the denial letter and certified mail notice. Attach
a copy of the denial letter to the voter record.
2. An existing registrant has been flagged for removal due to active felony status
and has cast a ballot during one-stop voting.
• Create an incident report.
• Follow the process for Disapproving the Application and Challenging the
Absentee Ballot above.
• Report to Investigations at the State Board via a Help Desk ticket. Include the
application number, incident report, and any other documentation.
• Follow the 30-Day Removal Notice procedure, pursuant to G.S. § 163-
82.14(c)(3). The felony conviction list-maintenance process can be found in the
SEIMS Help Files.
13 Note that any felons serving extended felony sentences for financial obligations—and
therefore eligible to vote under the court ruling in Community Success Initiative v. Moore, see
Numbered Memo 2020-26—would not be identified through the felon matching in SEIMS or on
the lists provided to CBEs on the State Board’s Intranet.
14 G.S. § 163-82.7.
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3. A voter has submitted an absentee-by-mail ballot and votes at a one-stop site
in the same county.
• The county board should first review both the one-stop application and the
absentee envelope, including comparing the voter’s signatures on the two voting
documents, to determine if the same person voted twice. The board must
determine by majority vote that there is sufficient evidence to challenge the voter
for voting twice.
• If the board determines by majority vote that the same voter voted twice, it shall
determine which ballot should be counted and shall challenge the ballot that
should not be counted. If only one ballot is retrievable, that ballot shall be
retrieved. Again, it is up to the board, not staff, to make the determination of
which vote should be counted. For the challenge, follow the Process for
Disapproving the Application and Challenging the Absentee Ballot above.
• Create an incident report.
• Notify the Legal and Investigations teams at the State Board. Include the ballot
application, absentee envelope, incident report, and any other documentation.
• Is the process different if the absentee ballot was considered deficient
pending cure and then was Approved-Cured?
o The process is ultimately the same. The county board will count the
legal vote and administratively retrieve the other absentee ballot.
4. A voter submitted a ballot in two different counties.
• Create an incident report.
• Work with the other county to determine where the voter is eligible to vote and
which ballot must be retrieved. Work with the State Board as needed.
• If the ballot cast in your county was ineligible, follow the Process for
Disapproving the Application and Challenging the Absentee Ballot above.
• Report to Investigations at the State Board via a Help Desk ticket. Include the
application number, incident report, and any other documentation.
5. A one-stop employee accidentally provided a ballot style to the voter that the
voter was not eligible to vote. The voter voted that ballot.
• Create an incident report.
• Follow the Process for Disapproving the Application and Challenging the
Absentee Ballot above.
• If there is time, contact the voter and allow the voter to come in person to vote a
provisional ballot with the correct ballot style. The board should count the
provisional ballot if the voter is otherwise eligible to vote that ballot. If the voter
does not return, count any contests on the regular ballot that the voter was
eligible to vote in.
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6. A voter dies after voting absentee (one-stop or by mail) but before Election
Day.
• Before disapproving the absentee application based on belief that the voter is
now deceased, obtain official confirmation of the death. Permissible sources
include the DHHS List Maintenance Reports, death certificate from the local
register of deeds, or a written, signed notification from a near relative.
• Follow the Process for Disapproving the Application and Challenging the
Absentee Ballot above.
• Remove the voter pursuant to G.S. 163-82.14(b).
7. A voter registers to vote at a one-stop site and the two voter cards sent
pursuant to G.S. § 163-82.7 are returned as undeliverable prior to Election
Day.
• Previously, a voter who same-day registered and had both mail verifications
returned as undeliverable prior to Election Day would have their ballot
challenged. See G.S. § 163-82.7(g)(1).
• However, a 2018 federal court order prohibits any voter challenges from being
brought without individualized knowledge within 90 days of a federal election.
The order specifically states that the mere fact that mail was sent to a voter and
returned as undeliverable did not constitute individualized evidence and
therefore is prohibited as the basis for a challenge. As a result, the voter’s ballot
must be counted if otherwise eligible and cannot be challenged on the basis of
returned voter cards without individualized evidence that the voter is not a
resident of the county. See Numbered Memo 2018-07 for more information.
8. Voter inserted their absentee-by-mail ballot into the tabulator at a One-Stop
Site.
• Create an incident report.
• Retrieve and secure the ballot.
• Mark the absentee as SPOILED as it was returned without an application/
certificate and will need to be reissued.
• Notify the voter and let them know they may complete the reissued ballot or vote
one-stop or on Election Day.
• Challenge the ballot on Election Day.
• Conduct a hearing and, if sustained, remove the vote totals of the challenged
ballot at canvass.
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9. A voter submitted an absentee-by-mail and subsequently moved to a new
county. The voter has contacted your county to find out what they need to do.
• If the voter moved less than 30 days prior to election day, they don’t need to do
anything. They are still eligible to vote in your county and the ballot they
submitted stands.
• If they moved 30 or more days prior to Election Day, they are no longer eligible
to vote in your county. However, a 2018 federal court order prohibits any voter
challenges based on residence from being brought without individualized
knowledge within 90 days of a federal election. The voter will need to submit a
cancellation in your county, or the voter will need to register in the new county.
Then you can challenge the ballot, notify the voter, and hear the challenge at
canvass in order to deduct the vote totals.
• If the voter submits a cancellation in your county, you should direct them to
register and vote in their new county.
10. A voter mails their ballot and votes on Election Day. The mailed ballot is
received by the county board timely but on or after Election Day.
• Follow the Process for Disapproving the Application and Challenging the
Absentee Ballot above.
• It is critical to complete voter history as soon as possible in order to identify this
issue and challenge the absentee-by-mail ballot.
11. FOR PRIMARY ELECTIONS: A registered voter affiliated with a political
party can’t be found during check-in and uses same-day registration to re-
register with a different party.
• Process the voter registration application. If you have already “linked” the
registrations, you will need to “unlink” the registration in order to be able to
deny the new registration without removing the prior voter registration. Please
put in a Help Desk ticket if you need assistance.
• Follow the Process for Disapproving the Application and Challenging the
Absentee Ballot above.
• Contact the voter and let the voter know that they can vote the correct ballot
provisionally, which the board would consider during canvass.
• If the challenge is sustained at canvass, the ineligible ballot should be retrieved
and the vote counts deducted. This could result in a partial count if there is an
eligible contest on the ineligible ballot (bond, nonpartisan board of education,
etc.) and the voter has not returned to vote a provisional ballot.
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12. FOR PRIMARY ELECTIONS: A voter is registered as Unaffiliated. The
voter’s record can’t be found during check-in so the voter re-registers with a
political party.
• Process the voter registration application. If you have already “linked” the
registrations, you will need to “unlink” the registration to be able to deny the
new registration without removing the prior voter registration. Please put in a
Help Desk ticket if you need assistance.
• The voter has received an eligible ballot based on their unaffiliated registration
status so there is no need to disapprove the application or challenge the ballot.
• Check with the voter after the election to confirm whether they did want to
change party affiliation, at which point you may process that change.
NCSBE 2022.2
I, _______________________________________, Chair of the ______________________ County Board of
Elections, hereby challenge the ballot cast by __________________________________________, who is
registered to vote at (address) ____________________________________________________________,
pursuant to a vote of the board.
I challenge the above-named voter for the reason(s) checked below:
The person is not a resident of the State of North Carolina.
The person is not a resident of the county in which the person is registered.
The person is not a resident of the precinct in which the person is registered.
The person is not a resident of the municipality in which the person is registered.
The person is not eighteen years of age, or if this challenge is made within 60 days before a primary,
the person will not be eighteen years of age by the next general election.
The person has been adjudged guilty of a felony and the person’s rights of citizenship have not been
restored.
The person is dead.
The person is not a citizen of the United States.
The person is not who he or she represents himself or herself to be.
With respect to a primary or election on _____/_____/_____, the person has already voted in the
primary or election.
With respect to voting in a partisan primary on _____/_____/_____, the person is a registered voter
of another political party.
The person was issued the wrong ballot style.
Chair’s Signature ______________________________________________________
[ATTACH EVIDENCE SUPPORTING THE CHALLENGE]
VOTER CHALLENGE FORM – For Board Use
NORTH CAROLINA
COUNTY OF
[ ] COUNTY BOARD OF ELECTIONS [ADDRESS] [CITY/STATE/ZIP]
PHONE: FAX:
EMAIL:
COUNTY BOARD LETTERHEAD
DATE
NAME
STREET ADDRESS
CITY, STATE, ZIP CODE
RE: Notice of Absentee Ballot Challenge
The ballot submitted by the above-referenced voter has been challenged pursuant to North Carolina
General Statute 163-89, a copy of which is attached. The ballot has been challenged because:
The person is not a resident of the State of North Carolina.
The person is not a resident of the county in which the person is registered.
The person is not a resident of the precinct in which the person is registered.
The person is not a resident of the municipality in which the person is registered.
The person is not eighteen years of age, or if this challenge is made within 60 days before a
primary, the person will not be eighteen years of age by the next general election.
The person has been adjudged guilty of a felony and the person’s rights of citizenship have
not been restored.
The person is dead.
The person is not a citizen of the United States.
The person is not who he or she represents himself or herself to be.
With respect to a primary or election on _____/_____/_____, the person has already voted
in the primary or election.
With respect to voting in a partisan primary on _____/_____/_____, the person is a registered
voter of another political party.
The person was issued the wrong ballot with contests for which the voter is ineligible.
If this challenge is successful, the challenged ballot will not count, or any ineligible contests will not
count.
The county board will conduct a hearing on this challenge at the county canvass meeting, which is held in
person at 11:00 a.m. on Friday, [DATE], at the county board of elections office. If you believe the
information is in error, please contact our office immediately.
You have a right to be heard by the board at the challenge proceeding or you may authorize a
representative to appear on your behalf. You may present evidence in support of your position,
including your own testimony.
§ 163-89. Procedures for challenging absentee ballots. (a) Time for Challenge. - The absentee ballot of any voter may be challenged on the day of any
statewide primary or general election or county bond election beginning no earlier than noon and ending no later than 5:00 P.M., or by the chief judge at the time of closing of the polls as provided in G.S. 163-232 and G.S. 163-258.26(b). The absentee ballot of any voter received by the county board of elections pursuant to G.S. 163-231(b)(ii) or (iii) may be challenged no earlier than noon on the day following the election and no later than 5:00 p.m. on the next business day following the deadline for receipt of such absentee ballots. (b) Who May Challenge. - Any registered voter of the same precinct as the absentee voter may challenge that voter's absentee ballot. (c) Form and Nature of Challenge. - Each challenged absentee ballot shall be challenged separately. The burden of proof shall be on the challenger. Each challenge shall be made in writing and, if they are available, shall be made on forms prescribed by the State Board of Elections. Each challenge shall specify the reasons why the ballot does not comply with the provisions of this Article or why the absentee voter is
not legally entitled to vote in the particular primary or election. The challenge shall be signed by the challenger. (d) To Whom Challenge Addressed; to Whom Challenge Delivered. - Each challenge shall be
addressed to the county board of elections. It may be filed with the board at its offices or with the chief judge of the precinct in which the challenger and absentee voter are registered. If it is delivered to the chief judge, the chief judge shall personally deliver the challenge to the chairman of the county board of elections
on the day of the county canvass. (e) Hearing Procedure. - All challenges filed under this section shall be heard by the county board of elections on the day set for the canvass of the returns. All members of the board shall attend the canvass and all members shall be present for the hearing of challenges to absentee ballots. Before the board hears a challenge to an absentee ballot, the chairman shall mark the word "challenged" after the voter's name in the register of absentee ballot applications and ballots issued and in the pollbook of absentee voters. The board then shall hear the challenger's reasons for the challenge, and it shall make its decision without opening the container-return envelope or removing the ballots from it. The board shall have authority to administer the necessary oaths or affirmations to all witnesses brought before it to testify to the qualifications of the voter challenged or to the validity or invalidity of the ballot.
If the challenge is sustained, the chairman shall mark the word "sustained" after the word "challenged" following the voter's name in the register of absentee ballot applications and ballots issued and in the pollbook of absentee voters; the voter's ballots shall not be counted; and the container-return envelope shall not be opened but shall be marked "Challenge Sustained." All envelopes so marked shall be preserved intact by the chairman for a period of six months from canvass day or longer if any contest then is pending concerning the validity of any absentee ballot.
If the challenge is overruled, the absentee ballots shall be removed from the container-return envelopes and counted by the board of elections, and the board shall adjust the appropriate abstracts of returns to show that the ballots have been counted and tallied in the manner provided for unchallenged absentee ballots. If the challenge was delivered to the board by the chief judge of the precinct and was sustained, the board shall reopen the appropriate ballot boxes, remove such ballots, determine how those ballots were voted, deduct such ballots from the returns, and adjust the appropriate abstracts of returns. Any voter whose ballots have been challenged may, either personally or through an authorized representative, appear before the board at the hearing on the challenge and present evidence as to the validity of the ballot. (1939, c. 159, ss. 8, 9; 1945, c. 758, s. 8; 1953, c. 1114; 1963, c. 547, s. 8; 1965, c. 871; 1967, c. 775, s. 1; 1973, c. 536, s. 4; 1993 (Reg. Sess., 1994), c. 762, s. 29; 2009-537, s. 8(c); 2014-111, s. 15(d); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
Challenge Hearing Process
During challenges proceeding, the Board must follow the following steps in accordance with
N.C. Gen. Stat §163-86:
1. The Board Chair shall state reason for challenge hearing.
2. The Board Chair shall call upon the challenged registrant to appear before the Board.
• Chairman- “I would like to call “Voter’s Name” to please come forward”
3. The Board Chair shall administer the oath to the challenged registrant.
• Chairman-Repeat after me:
"I, “Voter’s Name” , swear (or affirm) that the statements and information I shall give in this
hearing with respect to my identity and qualifications to be registered and to vote shall be the
truth, the whole truth, and nothing but the truth, so help me, God."
4. The Board shall examine the challenged registrant as to their rights to register and vote.
If the challenged registrant insists that he or she is qualified to register and vote, the
Board Chair shall administer the second oath.
• Chairman-Repeat after me:
" I do solemnly swear (or affirm) that I am a citizen of the United States; that I am at least 18
years of age or will become 18 by the date of the next general election; that I have or will have
resided in this State and in the precinct for which registered for 30 days by the date of the next
primary or election; that I am not disqualified from voting by the Constitution or the laws of this
State; that my name is “Voter’s Name” and that in such name I am duly registered as a voter of
“Voter’s Precinct”; and that I am the person I represent myself to be, so help you, God."
If the challenged registrant refuses to take the tendered oath, the challenge shall be
sustained.
5. Allow the challenged registrant to present evidence against the claims against him/her.
6. Allow testimony of witnesses that have been prescribed the required oath.
Chairman-Repeat after me:
• “I swear (or affirm) that the statements and information that I give in this hearing with respect
to the matter of “Voter’s Name” to register and to vote, shall be the truth, the whole truth, and
nothing but the truth, so help me, God”
7. After hearing evidence, sustain or overrule the challenge by majority vote and sign the written
decision.
• Challenges shall only be upheld if it is substantiated by affirmative proof (N.C. Gen.
Stat. §163-86).
End of Proceedings
Special Meeting
New Hanover County Board of Elections
November 18, 2022
Subject:
Canvass of the 2022 General Election
Applicable Statutes and/or Rules
N.C. Gen. Stat § 163-182.5(b)
Summary:
The canvass means the entire process of determining that the votes have been counted and tabulated
correctly, culminating in the authentication of the official results. Once the Board has made this
determination, the election may be finalized. The Board will also need to sign original canvass abstracts
for internal records and distribution to the NC State Board of Elections and Clerk of the Superior Court of
New Hanover County.
Document/s Included:
2022 General Election Reconciliation Notes, Canvass Abstracts (Provided at Board Meeting)
Board Action Required:
Staff Recommends Approval
Item # 3b
Special Meeting
New Hanover County Board of Elections
November 18, 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