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HomeMy WebLinkAboutBoard Meeting Agenda Packet 08-22-2023MEETING AGENDA Date: August 22, 2023 Time: 5:30 PM Location: Bd of Elections Office, Long Leaf Room Type: Special Scheduled Attendees: Derrick R. Miller, Chair Rae Hunter-Havens, Director James Battle Morgan, Jr. Secretary Caroline Dawkins, Deputy Director Natalie Hinton-Stalling, Member Noelle Powers, Database & Systems Specialist Bruce Kemp, Member Joan Geiszler-Ludlum, Administrative Technician Tom S. Morris, Member Jessica O’Neill, Program & Outreach Coordinator Visitor(s): Tufanna Bradley, Assistant County Manager; Kemp Burpeau, Deputy County Attorney AGENDA ITEMS 1.Meeting Opening a.Call to Order b.Pledge of Allegiance c.Approval of Agenda d.Approval of Minutes (11/08/21, 7/12/22, 11/8/22, 7/18/23) 2.Public Comment Period •2-minute limit •10-minute limit total 3.New Business a.Adoption of Regular Meeting Schedule b.Resolution to Adopt a Time for Counting Absentee Ballots c.2023 Municipal Elections Notice d.Temporary Transfer of Voters for Precinct H08 e.2023-2025 Multipartisan Assistance Team (MAT) Appointments f.2023-2025 Chief Judge and Judge Appointments 4.Closed Session (N.C. Gen. Stat. § 143-318.11(6)) 5.General Discussion •Other Elections-Related Matters 6.Adjournment *Agenda packets are sent via email in advance of meetings. Special Meeting New Hanover County Board of Elections August 22, 2023 Subject: Approval of Agenda Summary: N/A Board Action Required: Staff recommends approval Item # 1c Item # 1c Special Meeting New Hanover County Board of Elections August 22, 2023 Subject: Approval of Minutes Applicable Statutes and/or Rules N.C. Gen. Stat. §§ 163-31(e) and 143-318.10(e) Summary: This includes minutes from 11/08/21, 7/12/22, 11/8/22, and 7/18/23 meetings. Board Action Required: Staff recommends approval Item # 1d Board Minutes – 11/08/2021 Page | 1 SPECIAL MEETING New Hanover County Board of Elections November 8, 2021 2:00 P.M. ATTENDANCE Members: Oliver Carter III, Chair Derrick R. Miller, Secretary Russ Bryan, Member Lyana G. Hunter, Member Bruce Kemp, Member Staff:Rae Hunter-Havens, Executive Director Caroline Dawkins, Deputy Director Jenna Dahlgren, Elections Logistics Specialist Joan Geiszler-Ludlum, Administrative Elections Technician Visitors: Sheryl Kelly, Assistant County Manager; Kemp Burpeau, Deputy County Attorney; Jennifer Sparks, PrintElect Public Attendees: Julius Rothlein, Matthew Emborsky, NHC GOP; Jill Hopman, NHCDP; Becky Jaskey Virtual Attendees: Loraine; Cher Pridgen 1.MEETING OPENING a.Call to Order Chair Carter called the meeting to order at 2:02 p.m. The New Hanover County Board of Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington, NC. All members were present. b.Preliminary Announcements Chair Carter reminded the audience to silence their cell phones and that the meeting is being recorded and live streamed over the internet. c.Pledge of Allegiance Chair Carter called on the audience to rise and recite the Pledge of Allegiance. Board Minutes – 11/08/2021 Page | 2 d.Approval of Agenda Chair Carter moved to amend the agenda, moving the Public Comment and Question Period to follow New Business, second by Member Hunter. Motion to amend the agenda carried unanimously. Secretary Miller moved to adopt the agenda as amended, second by Member Kemp. Motion carried unanimously. 2. NEW BUSINESS a.Sample Audit Count Chair Carter called on Director Hunter-Havens to review the Sample Audit Count procedures. The Director said NC Gen. Stat. §163-182.1(a) requires all county boards of elections to complete a sample audit after each election. NC State Board of Elections (NCSBE) randomly draws one or more Election Day precincts, full count of absentee-by-mail ballots, or full counts of one or more One-Stop Early Voting sites for each county. The top local contest on the ballot is audited when there is no statewide contest on the ballot, as in this case. For the 2021 New Hanover County Municipal Elections, the randomly drawn precincts are W26 (Sunset Park Elementary School) and W31 (Senior Resource Center). The designated contest is the City of Wilmington Mayor contest. The Director said two Sample Audit Teams of three people, will each audit one of the two designated precincts. Each team consists of a caller, a tallyer, and an observer. The teams will work in the Paynter Room. The public may observe the Sample Audit Count, but must remain silent so as not to disturb the focus of the teams on their tasks. Each team will count the ballots twice, checking their results against the machine count. Differences are expected within a few ballots, as the human eye can read what the machines cannot. In case of a question about voter intent, the team will attempt to make a determination. If they are unable to agree, the Board will review the ballot and make a final determination. Hearing no questions from the Board, Chair Carter called for a motion to authorize the staff to proceed with the Sample Audit Count. Member Bryan so moved, second by Member Hunter. Hearing no further discussion, Chair Carter called the vote. Motion carried unanimously. The Sample Audit Count began at 2:38 p.m. in the Paynter Room. b.Review of Provisional Ballot Applications Chair Carter called on Director Hunter-Havens to make her report on the Provisional Ballot Applications. Board Minutes – 11/08/2021 Page | 3 Director Hunter-Havens reported that there were 471 Provisional Applications reviewed. In that review, staff made 3 administrative adjustments based on reported incidents where the precinct official was unable to cancel the provisional application because the voter changed their mind or was eligible to cast a regular ballot. The predominant reason for voting provisionally in this election is voter confusion about the requirement of residence within municipal limits, making them ineligible. An additional factor is a same-day registration requires a HAVA document to verify their residence at the address at which they are registering. If the voter does not present that proof of address at the polling place, the voter must present it to the office no later than 5:00 p.m. on the day before the final canvass. Based on the staff review, the Director recommends full approval of 135 provisional applications that meet all requirements, and disapproval of 332 applications that do not meet all requirements. The majority of the disapprovals are due to the voter residing in the county but outside of the municipal boundaries. The Director presented two Provisional Application for Board action. In each case, the reason for voting provisionally is marked “voter already voted.” What actually happened is a different voter was checked in under the wrong name but neither the official nor the voter caught the error on the Authorization to Vote, and the wrong voter voted as these two individuals, requiring them to vote provisionally. Because this is poll worker error, Director Hunter-Havens recommended accepting the provisional ballots and adjusting the voter history accordingly. Member Kemp moved to accept the two provisional ballots, second by Secretary Miller. Chair Carter noted that Mr. Rothlein, a representative of the NHC Republican Party, had raised his hand, and put the question to the Board whether to hear from Mr. Rothlein on this matter or hold his comment to the Public Comment and Question Period. After discussion among the Board members, with Secretary Miller and Member Hunter objecting, and Chair Carter and Board Members Bryan and Kemp consenting, Chair Carter called on Mr. Rothlein for his comment. Mr. Rothlein asked about two other ballots, one cast on October 30 and one cast on October 23, that he had previously questioned by email, where he said the voters were not properly required to prove their residence at the address at which they were registering. Secretary Miller objected to the comment as not germane to the matter before the Board. Director Hunter-Havens said the email raised a question of process, which was answered, but did not meet the requirements to be considered a Voter Challenge. Chair Carter returned to the motion before the Board, to approve the two provisional ballots presented by the Director. Motion carried unanimously. Board Minutes – 11/08/2021 Page | 4 Chair Carter called for a motion to approve the 1341 provisional ballots recommended for approval. Secretary Miller moved to approve 134 provisional ballots, second by Member Hunter. After brief discussion of proof of residence for same-day registration and changes of address, motion carried unanimously. Chair Carter moved to disapprove 232 provisional ballots as recommended by the Director, second by Member Hunter. After discussion to learn more about the various reasons why a provisional ballot may be disqualified, Chair Carter called the vote. Motion carried unanimously. c. Review of Supplemental Absentee Ballot Applications Chair Carter called on Director Hunter-Havens for her report. Director Hunter-Havens presented 81 supplemental absentee ballots recommended for approval. The total includes approval of the following special circumstances: • 2 were returned timely to a One Stop site, but were mistakenly placed in the wrong polybag on return to the office; • 1 ballot got wet and was returned by the voter with the explanation, was clearly not tampered with; • 1 Military ballot; • 3 Overseas ballots; • 2 received on Election Day in a single brown envelope. Due to the return envelope provided getting torn by the USPS sorting machine, USPS placed the ballots in the brown envelope. Board members reviewed the absentee-by-mail Applications2 recommended for approval. Upon completing their review, Secretary Miller moved to amend the motion before the Board to approve 83 absentee-by-mail Applications, second by Chair Carter. Hearing no further discussion, Chair Carter called the vote. Motion to amend carried unanimously. Chair Carter called the vote on the main motion as amended. Motion carried unanimously. Director Hunter-Havens presented 18 absentee-by-mail ballots with her recommendation that they not be approved for the following reason(s): 1 One provisional ballot was mistakenly inserted in the DS200 in the polling place and is addressed later in this meeting. The Board actually approved updating voter history in approving this motion. 2 When a voter submits an absentee-by-mail ballot, the voter places the completed ballot into a “Container Return Envelope”. On the outside of the Envelope is a pre-printed “Absentee Ballot Application”. The voter is required to complete this Application, and have it signed by two witnesses or have it notarized. In almost all cases, the Board must approve the Application before the Envelope is opened and the ballot is removed for counting. The terms “Absentee Ballot Application” and “Container-Return Envelope are used interchangeably. In these minutes, “Envelope” generally means the physical envelope, while “Application” generally means the form printed on the Envelope. Board Minutes – 11/08/2021 Page | 5 • Ballot received with a deficiency but too late to spoil and reissue or to cure; • Missing postmarks and received after Election Day; • Postmarked later than Election Day. The Director said the voters who submitted deficient absentee-by-mail ballots were called to give them the opportunity to vote on Election Day. The Board proceeded to review the 18 absentee-by-mail ballots. After their review, Member Hunter moved to disapprove these 18 absentee-by-mail ballots, second by Member Bryan. Hearing no further discussion, Chair Carter called the vote. Motion carried unanimously. Director Hunter-Havens presented for Board review a situation where a voter went to CFCC One Stop, completed a Same-Day Registration and voted. However, the voter failed to provide a first name on the registration, and was contacted by a letter to make that correction. The letter prompted the voter to return to CFCC where the official misunderstood the situation, processed the voter again and issued a second ballot. Both ballots were properly coded and were located. There is no evidence indicating the voter intended to vote twice. The evidence indicates miscommunication leading to poll worker error. The Director recommended removing and canceling the second ballot and making the proper administrative correction to voter history, due to site official error. Secretary Miller moved to accept the first ballot and cancel and remove the second ballot as the Director’s recommended, second by Member Hunter. Hearing no further discussion, Chair Carter called the vote. Motion carried unanimously. Director Hunter-Havens presented for Board review a situation where a voter presented to vote. The check-in official found the voter and noted the voter’s status was Inactive. A voter may be in Inactive status for a number of reasons, including not receiving mail sent from the office to confirm the voter is at the address at which the voter registered. An Inactive voter may update their registration and, if still validly registered in the county but with an unreported move, or still living at the registration address, the voter may proceed to vote a regular ballot. The voter is not required to vote provisionally due to their registration in Inactive status. Additional confusion arose from the voter’s original registration placed the voter in a different precinct, but the updated address placed her in WB, where she presented to vote. This voter has an incorrect voter history because the precinct official did not successfully cancel the voter update, and caused the voter to vote a provisional ballot, creating a second voter history in the provisional poll book. The Board has approved the provisional ballot. The Director recommended that the Board authorize an administrative adjustment to this voter’s voter history to correct the error. Chair Carter moved to authorize the Director and staff to delete the voter record as recommended, second by Secretary Miller. Hearing no further questions or discussion, Chair Carter called the vote. Motion carried unanimously. Board Minutes – 11/08/2021 Page | 6 Director Hunter-Havens presented one last situation, where a voter attempted to vote in the wrong precinct. Because the voter did not reside in the precinct, the voter completed a provisional application, voted the provisional ballot, but then inserted the ballot in the tabulator instead of the provisional envelope. The Help Desk operator did not fully follow instructions by writing “Provisional” on the ballot. Election officials were able to locate5 a ballot with WB written on it, but not “Provisional”. The ballot was the only such marked ballot found in the tabulator. The Director recommended to the Board to disapprove the ballot because the voter was not eligible to vote in that precinct, and authorize the staff to deduct the cast votes manually from the final count. Reconciliation for this precinct showed there was one more ballot cast than voter history, prompting the chief judge to complete an Incident Report. Chair Carter moved to authorize the staff to deduct from the count the ballot marked WB, second by Member Hunter. Hearing no further discussion, Chair Carter called the vote. Motion carried unanimously. Director Hunter-Havens presented 15 machine-rejected ballots and requested the Board authorize their duplication and counting. Member Kemp questioned why the tabulator may have rejected the ballots. Director Hunter-Havens said the most frequent reason is that there is an overvote or undervote and the voter had either already left or declined to redo the ballot. It may also arise where the tabulator head had to be replaced, requiring refeeding the cast ballots and any ballot deposited in the emergency bin, and the machine rejected the ballot with the voter already gone. The Director said tabulator heads had to be replaced at a couple of sites, but does not believe these sites were involved. Machine rejected ballots are placed in a separate polybag, secured for return to the office the same day, and the site lead or chief judge completed an Incident Report for staff review. In this case, 13 machine-rejected ballots came from the Senior Resource Center and 2 came from different Election Day precincts. Reconciliation of these voting sites is short this number of ballots. Member Kemp had questions about the procedures followed with the machine-rejected ballots and expressed his opinion that the process is not supported by statute, regulation, or numbered memo. Director Hunter-Havens said the process is established practice and honors voter intent to cast their ballot. Secretary Miller moved to authorize staff to duplicate 15 machine-rejected ballots and count them, second by Member Bryan. Hearing no further discussion, Chair Carter called the vote. Chair Carter, Secretary Miller, Members Bryan and Hunter voted aye; Member Kemp voted nay. Motion carried by majority vote. Chair Carter called on Deputy Director Dawkins to report the results of the Sample Audit Count. Deputy Director Dawkins reported that the two Sample Audit teams each counted their assigned precincts twice. W31 reconciled exactly each time. For W26, there was one ballot that required determination of voter intent. The voter recorded a vote for candidate Board Minutes – 11/08/2021 Page | 7 Saffo by circling his name, but neglected to fill in the bubble. As a result, the tabulator was unable to read and count the vote. Circling a candidate’s name is an acceptable way to indicate voter intent, and the team agreed to count the vote. that left the result with one additional vote for candidate Saffo than what the tape reported. The team got the exact same count the second time as well. Chair Carter thanked the Deputy Director for her report. Chair Carter said the Board would complete the Public Comment and General Discussion items before authorizing the tabulating of the ballots approved in this meeting. Once the agenda is complete, two Board members may leave, provided a quorum of three Members, including at least one from each party, remain to oversee the tabulation of the approved ballots. Chair Carter moved to amend the agenda to take the Public Comment and Question, then the General Discussion, and then rearrange the meeting room for vote tabulation, second by Member Bryan. Motion carried unanimously. 3. PUBLIC COMMENT AND QUESTION PERIOD Chair Carter called upon the public in-person attendees for their comments or questions, limited to two minutes each with a total maximum time of ten minutes. Julius Rothlein commented on his public records requests for review of absentee ballot request forms and the official register of absentee ballots cast and asked when the records would be available. He then alleged that an observer seeing a voter who did not live in the city limits but updated his address to his parents’ address in the city limits being allowed to vote at the Northeast Library; he alleged that a judge at CFCC allowed a voter to complete a Same-Day registration without presenting any evidence of residing at the address given. No Voter Challenge forms were submitted for these two incidents. Chair Carter called on Director Hunter-Havens to respond. The Director said, as she said previously, the registration cannot be completed without the official seeing a document verifying residence and marking the type of document presented in the electronic pollbook. The voter also signs the form attesting to the address update. While the registration can be challenged, the law prevents the official from challenging the domicile attested by the voter without evidence. Chair Carter said the Board and staff have the information presented previously. Matthew Emborsky said, while serving as an observer at CFCC One Stop site on Sunday, October 24, staff denied him the ability to observe the opening of the polls, in violation of 08 NCAC 04.0304. He said he has sent an email detailing his complaint that he was not permitted to observe the precinct official open the voting system, examine the ballots for accuracy, examine the counter or other steps to determine there is a zero-balance. He asked for clarification of the procedures and changes to comply with the regulation. He said his second request is for the cast-vote records for the municipal election, including the tabulator serial numbers, all tabulator tapes, and all technician reports for the tabulators used in this election. Board Minutes – 11/08/2021 Page | 8 Chair Carter called on Director Hunter-Havens to respond. The Director requested Mr. Emborsky to use the public records request form on the Board website to submit his requests, which she will submit to the State Board for guidance on what information may be provided. She said the State Board’s observer document addresses what an observer may do and see in the polling place, and site officials follow that guidance in working with observers. That document prohibits members of the public, including observers, from entering the polling site before it is open. The staff follow the State Board guidance. The State Board is aware of the concerns. Becky Jaskey requested information about the verification process for voters, such as students or nursing home residents, who have dual residency, or who own more than one home. Director Hunter-Havens said registration in such cases is determined by the place the voter plans to return. Voters may choose one residence at which to register to vote. If registered at another location, information is sent to that location of the request to register here, allowing the other location to cancel the registration in that jurisdiction. The State Board is able to monitor and cross-check registrations in other states as well as all counties in North Carolina, and has the power to investigate duplicate registrations and voting. Seeing and hearing no other public attendees wishing to comment, Chair Carter closed the Public Comment period. 4. GENERAL DISCUSSION Chair Carter called on Director Hunter-Havens to review next steps. Director Hunter-Havens said in the final canvass meeting, the Board will review and sign the abstracts of the final results for submission to the NCSBE. The Director noted that there were a higher number of write-in votes in this election which must be reviewed. A registered voter who received five or more votes will be included in the abstract. If a candidate was written in and the bubble not filled in, the candidate will receive a vote in the final count. Hearing no other discussion from the Board, Chair Carter closed the General Discussion. Chair Carter moved to direct staff to open and tabulate the supplemental approved ballots, second by Member Hunter. Motion carried unanimously. Tabulation began at 4:52 p.m. Members Bryan and Hunter left the meeting. Director Hunter-Havens drew the Board’s attention to 2 supplemental absentee-by-mail ballots. Two voters in the same household switched their Container-Return Envelopes when returning their ballots, a common occurrence. Chair Carter moved to accept the ballots, second by Secretary Miller. Motion carried unanimously. Tabulation of the supplemental absentee ballots was completed at 5:28 p.m. Board Minutes – 11/08/2021 Page | 9 Tabulation of the approved provisional ballots was completed at 5:53 p.m. Director Hunter-Havens drew the Board’s attention to a machine-rejected ballot requiring the Board to determine voter intent in the City Council contest. After reviewing the ballot, Chair Carter moved to accept the ballot and count the votes for Rivenbark, Uzcategui and White, seconded by Secretary Miller. Motion carried unanimously. Tabulation concluded at 6:21 p.m. ADJOURNMENT Chair Carter moved to adjourn the meeting at 6:21 p.m., second by Member Kemp. Motion carried unanimously. The next Board meeting is scheduled to be held on November 9, 2021, at 11:00 a.m., at the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington, NC APPROVED BY: RESPECTFULLY SUBMITTED: ____________________________________________________________ JAMES BATTLE MORGAN, JR.RAE HUNTER-HAVENS SECRETARY ELECTIONS DIRECTOR Board Minutes – 07/12/2022 Page | 1 REGULAR MEETING New Hanover County Board of Elections July 12, 2022 5:15 P.M. ATTENDANCE Members: Oliver Carter III, Chair Derrick R. Miller, Secretary Russ C. Bryan, Member Lyana Hunter, Member Bruce Kemp, Member Staff:Rae Hunter-Havens, Executive Director Caroline Dawkins, Deputy Director Jenna Dahlgren, Elections Logistics Specialist Visitors: Lisa Wurtzbacher, Assistant County Manager Public Attendees: Lee Rodio; Bob Gatewood; Susanne Werner, NHCDP; Julius Rothlein, NHC GOP; Chris Sutton; Sheila Fellerath, League of Women Voters LCF; Matthew Emborsky, NHC GOP; Mike Torbit Virtual Attendees: Darrell Warren; Tyler Daye; Jennah B; Kathryn Hedgepeth; Burt Johnson; Brenda Fong; Beth Frey 1.MEETING OPENING a.Call to Order Chair Carter called the meeting to order at 5:15 p.m. The New Hanover County Board of Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington, NC. Chair Carter, Secretary Miller, Members Bryan and Kemp were present. b.Preliminary Announcements Chair Miller reminded the audience to silence their cell phones and that the meeting is being recorded and live streamed on the internet. b.Pledge of Allegiance Board Minutes – 07/12/2022 Page | 2 Chair Carter invited all in attendance to rise and recite the Pledge of Allegiance. c.Approval of Agenda Member Kemp moved the approval of the agenda as submitted, second by Secretary Miller. Motion carried unanimously. d.Approval of Minutes Chair Carter said he had not had a chance to review the Minutes of 3/15/2022, 4/12/2022, 4/19/2022 and 4/26/2022 and requested the Minutes be tabled until the August meeting. Member Kemp moved to table the minutes to the August Board meeting, second by Chair Carter. Member Bryan asked whether the Minutes have any bearing on the pending protest appeal. Chair Carter said none that he was aware of. Hearing no other discussion, Chair Carter called the vote. Motion carried unanimously. 2.PUBLIC COMMENT AND QUESTION PERIOD Chair Miller called upon the public in-person attendees for their comments or questions, limited to two minutes each, total of 20 minutes. Chris Sutton expressed his concern with an incident he witnessed at Warwick Center polling site. The door to the polling site automatically locked at 5:00 p.m. He said a man tried the door at 5:35 p.m. and found it locked. Mr. Sutton shared a video he took of a UNCW maintenance employee arriving to unlock the door about that time. He shared copies of a written report from the man. [Member Hunter arrived in the meeting.] Chair Carter called on Director Hunter-Havens to respond. The Director said the doors automatically locked at 5:30 p.m., not 5:00 p.m. She said, to her knowledge, no voters went away without voting. The doors were unlocked within 10 minutes of the officials becoming aware of the automatic lock. She added that an election official was stationed outside to monitor the curbside location, since a call bell does not provide adequate notice of curbside voters. Chair Carter thanked Mr. Sutton for bringing the situation to the Board’s attention. Chair Carter acknowledged receiving written comments from Julius Rothlein, representing the New Hanover County Republican Party, which included questions about the measures that are taken to ensure that non-citizens do not vote in a federal election; and made a public records request for the list of all precinct officials who worked in the May primary. Chair Carter called on Director Hunter-Havens to respond to the questions. The Director said that the registration form includes a box at the top of the form that requires the Board Minutes – 07/12/2022 Page | 3 person to check that he or she is a citizen of the United States, with a warning not to continue if the person is not a citizen. In addition, the person registering is asked to give either their driver's license number or the last four digits of their social security number, which is then cross-checked against state and federal databases. If the registrant does not give either of those numbers, the voter will be required to present an ID when they vote for the first time. And the registrant’s signature attests to the correctness of the information provided, subject to criminal penalties. Darrell Warren said he is a resident of Myrtle Grove and he volunteered during the last election for the Board. He said Election Day is a very long day. He encouraged the Board to set long early voting hours to give Election Day workers the chance to vote. Chair Carter thanked Mr. Warren for his service. Seeing and hearing no other public attendees wishing to comment, Chair Carter closed the Public Comment period. 3.DIRECTOR’S REPORT a.Financial Update Chair Carter called on Director Hunter-Havens for her report. Director Hunter-Havens reported that the fiscal year ending June 30 showed 86% of the operating budget expended and 70.5% of salaries and benefits expended. The underspending is due to the vacant compliance specialist and database systems specialist positions for much of the fiscal year. There are a few outstanding invoices to be paid to close out the fiscal year. The contracting process is getting underway for the new fiscal year. b.List Maintenance According to the Statewide Elections Information Maintenance System (SEIMS), New Hanover County Board of Elections removed 2,400 voters from the voter registration rolls from March, 2022 through June, 2022, in accordance with NC Gen. Stat. § 163- 82.14, and processed 4,857 new registrations, 2,675 registration forms without changes, and 4,029 registration updates. Director Hunter-Havens reviewed the National Change of Address (NCOA) process in response to questions from Chair Carter and Member Bryan. Staff recently sent about 3,200 cards checking with registered voters for whom the US Post Office has a record of a change of address. The voter is asked to verify whether the Post Office address or the SEIMS address is correct. The voter signs the card which enables us to update their registration address. If the card is returned undeliverable, we follow up with a second mailing to the SEIMS address. If that card is returned undeliverable also, then the voter’s registration status will change to Inactive. This component of list maintenance occurs twice a year. Board Minutes – 07/12/2022 Page | 4 c. FY22-23 Budget Enhancements Requested Director Hunter-Havens responded to Member Kemp’s question whether the requested pay increases were included in the FY22-23 budget. The Director confirmed that precinct official pay was increased from $10.00 per hour to $15.00 per hour as requested. The Director reviewed all the enhancements that were approved in the adopted budget. •Increased Election Official Compensation (One-Stop Officials) from $10.00 per hour to $15.00 per hour for One-Stop Assistants and $17.00 per hour for One- Stop Site Leads •Increased Election Official Compensation (Election Day Officials) for Chief Judges, Judges and Assistants. ▪Increased rate of pay for Chief Judges from $225 to $300 per day ($15 per hour to $20 per hour for a 15-hour day). ▪Increased rate of pay for Judges from $180 to $255 per day ($12 per hour to $17 per hour for 15-hour day). ▪Increased rate of pay for Assistants from $120 to $225 per day ($8 per hour to $15 per hour for 15-hour day). •Increased Election Official Compensation (Multipartisan Assistance Team Members) from $25 to $40 per visit for average of two-to-three-hour visit. 4.STATUTORILY-REQUIRED BUSINESS •2022 General Election Absentee One-Stop Voting Plan Chair Carter called the Board’s attention to the staff-recommended plan in the Agenda packet, which recommends 5 One-Stop sites: Carolina Beach Town Hall, Senior Resource Center, CFCC Downtown Campus, CFCC North Campus, and the Northeast Library as the office site. The operating hours are set by statute across all locations: 8:00 a.m to 7:30 p.m. weekdays, 12:00 noon to 5:00 p.m. on weekend days, and 8:00 a.m. to 3:00 p.m. on the final Saturday. All sites must be open the same hours. Member Kemp said he has concerns about the toll on staff working so many hours to staff five locations. He asked whether fewer sites with extra staffing at peak hours was a possibility. The Board members reviewed and discussed the historical data the Director provided for previous elections, noting that comparisons vary depending on what contests are on the ballot, such as a US Senate contest. The Director noted that the sales tax referendum question will be on the ballot this time. Secretary Miller noted the trend seems to be increased early voting election to election, and how this Board can best serve the voters. Director Hunter-Havens told the Board of her additional efforts to recruit more election workers with notices in the county tax bills. She expects that staffing will be adequate to adjust the number of workers by site based on previous turnout, but with the ability to staff up should turnout exceed expectations. The Board considered other site options to add a sixth site to provide the mid-town Board Minutes – 07/12/2022 Page | 5 convenience of the Government Center site, which is not available due the new construction on that site. Director Hunter-Havens said use of publicly-owned sites reduces the cost of the One-Stop plan, and those just are not available in all areas of the county. Member Bryan moved to adopt the plan as proposed, second by Secretary Miller. Discussion continued on options to replace a site or add a sixth site. Chair Carter noted that if the Board is not unanimous in adopting a plan to submit to the State Board by August deadline, the State Board will adopt a plan of their choosing for this county. Hearing no further discussion, Chair Carter called the vote. Motion to adopt the One- Stop Plan as recommended carried unanimously. The Board signed the signature sheet for the One Stop plan to present to the State Board of Elections. 5. GENERAL DISCUSSION Chair Carter called for any general discussion from the Director and Board members. Director Hunter-Havens reminded the Board that September 2 is the deadline to on-board the election officials. Assistant County Manager Wurtzbacher said the tax bills will go out in late July or early August for election official recruitment. The Director reviewed the election official training schedule. Discussion of election official recruitment followed. Director Hunter-Havens reminded the Board of the SBE 2022 Summer Conference which will take place online on August 30 and 31. Member Kemp asked about ways to remind voters of the postmark requirements for returning absentee ballots and to advise absentee-by-mail voters to return their ballots early. Director Hunter-Havens said the State Board updates the envelopes and instructions for uniform use in all counties. 6.ADJOURNMENT Chair Carter moved that the meeting be adjourned at 6:44 p.m., second by Member Hunter. Motion carried unanimously. The next Board meeting is scheduled to be held on August 9, 2022, at 5:15 p.m., at the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington, NC. APPROVED BY: RESPECTFULLY SUBMITTED: ____________________________________________________________ JAMES BATTLE MORGAN, JR.RAE HUNTER-HAVENS SECRETARY ELECTIONS DIRECTOR Board Minutes – 11/8/2022 Page | 1 SPECIAL MEETING New Hanover County Board of Elections November 8, 2022 2:00 P.M. ATTENDANCE Members: Oliver Carter III, Chair Derrick R. Miller, Secretary Russ C. Bryan, Member Lyana G. Hunter, Member Bruce Kemp, Member Staff: Rae Hunter-Havens, Executive Director Caroline Dawkins, Deputy Director Jenna Dahlgren, Elections Logistics Specialist Joan Geiszler-Ludlum, Administrative Elections Technician Visitors: Lisa Wurtzbacher, Assistant County Manager; Kemp Burpeau, Deputy County Attorney; Jennifer Sparks, PrintElect Public Attendees: Nichole Kingston; Tiffany Thorn; Chad Hill; Matthew Emborsky, NHC GOP; Diane Zaryki; A. Crouch; Eileen Stefan; Paige Freeman Virtual Attendees: Cher Pridgen; Noelle Powers; Denise Brown 1. MEETING OPENING a. Call to Order Chair Carter called the meeting to order at 2:02 p.m. The New Hanover County Board of Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington, NC. All members were present. b. Preliminary Announcements Chair Carter reminded the audience to silence their cell phones and that the meeting is being recorded and live streamed over the internet. c. Pledge of Allegiance Chair Carter called on the audience to rise and recite the Pledge of Allegiance. Board Minutes – 11/8/2022 Page | 2 d.Approval of Agenda Member Kemp moved approval of the agenda as submitted, second by Secretary Miller. Member Kemp then moved to amend the agenda to add a discussion of voter challenges to 3 absentee-by-mail ballots that the Board reviewed and approved last night, second by Chair Carter after confirming with Member Kemp that proper voter challenge forms are completed. Hearing no discussion, Chair Carter called the vote. Chair Carter, Member Kemp and Member Bryan voted aye; Secretary Miller and Member Hunter voted no. Motion to add this item to the agenda carried by majority vote. Chair Carter returned to the main motion, to approve the agenda as amended. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. 2.PUBLIC COMMENT AND QUESTION PERIOD Chair Carter called upon the public in-person attendees for their comments or questions, limited to two minutes each with a total maximum time of ten minutes. He reminded speakers to identify themselves and the organization they represent, if any. If a Board member or the Director asks or answers a question, the speaker is asked to yield the floor. Matthew Emborsky, NHC GOP, presented three comments: ●His tracking of absentee ballots showed a significant increase between the day before and this day by nearly 4,000. He asked for an explanation. ●He said there is confusion as to what observers and the public are able to observe during Election Day opening and closing, and he requested clarification. ●NHC GOP previously submitted questions and comments about the media drive change-out involving storage of around 30,000 votes. Addressing the last comment first, Chair Carter called on Director Hunter-Havens to summarize why the media drives were swapped out at two One Stop sites toward the end of the early voting period. Director Hunter-Havens said she has submitted the questions to the State Board of Elections (SBE) for a more detailed response and will share that when the SBE responds. She said the DS200 tabulators scan the inserted ballots and store the images on a proprietary flash drive. The flash drive’s maximum cast-ballot capacity varies, dependent on the length of the ballot, the number of contests, and the number of candidates on the ballot. The SBE monitors turnout during voting in each county, to assess the remaining capacity, and will advise county boards of election on replacing the proprietary flash drive when it may be nearing its capacity. County boards of election program and test extra DS200 tabulators and proprietary flash drives for each election in the event a tabulator or proprietary flash drive needs to be replaced due to capacity or other technical problems. In addition, the DS200 protects voting data integrity by Board Minutes – 11/8/2022 Page | 3 refusing to scan additional ballots where there is not sufficient storage space remaining to receive the additional ballots. Observing higher than anticipated turnout at two of the New Hanover County One Stop Early Voting sites during the 2022 General Election, the SBE staff notified the Director with guidance to evaluate expected additional turnout and consider replacing the proprietary flash drives at those sites. In an abundance of caution and to prevent disruption in the closing days of One Stop, the Director instructed Site Leads for the Northeast Library and Senior Resource Center sites to close the DS200, remove the proprietary flash drive, install the second/back-up proprietary flash drive, and store the flash drive securely with its results tape. The second proprietary flash drive produced a second zero-tape which was also secured. The Site Leads performed the necessary steps in the presence of the public and party observers. The Director informed the chairs of the county political parties ahead of time that the change-out would occur. Director Hunter-Havens has submitted the NHC GOP’s emailed questions to the SBE for a more detailed response. When she receives it, she will pass it along. Chair Carter deferred discussion until later in the meeting of the clarification of what observers and the public can observe during opening and closing of the polls. Regarding the question about the increase in the number of absentee ballots, Director Hunter-Havens said, since she is not clear what numbers Mr. Emborsky is seeing, she will need more information from the SBE, which maintains and updates that information, before responding. Chair Carter said One Stop votes are absentee ballots also and that should be kept in mind. Chad Whitaker asked when the 2020 cast ballots will be available will be available for public review pursuant to a FOIA request. Director Hunter-Havens said that cast-ballots are not public records, and she will be glad to provide the citation. Seeing and hearing no other public attendees wishing to comment, Chair Carter closed the Public Comment period. Regarding the DS200 flash drive question, Member Kemp asked if extra DS200s are available to replace a machine rather than change out the flash drive? Director Hunter- Havens said there are a few extra DS200s, but SBE’s best practices recommendation was to replace the flash drive. 3. NEW BUSINESS Chair Carter said there are three challenges filed regarding cast absentee ballots, and called on Director Hunter-Havens to review the bases for the challenges: a. Absentee Ballot Challenge – Hicks Charlotte Spears Hicks presented to vote at the Northeast Library on October 26, 2022. Board Minutes – 11/8/2022 Page | 4 Ms. Hicks recognized that the wrong name was listed on the Application and brought it to the One Stop official’s attention. The official had 0pulled up the wrong voter in error, causing the wrong ballot style to print for Ms. Hicks. The official cancelled the Application and voter history record, which were stored for return to the Elections office, and the Site Lead completed an Incident Report. The official proceeded to vote Ms. Hicks, issued the correct Application, but gave her the incorrect ballot style, and in error spoiled the new, correct ballot style. Ms. Hicks proceeded to vote the ballot she was given, inserted it into the DS200 and left the voting site. Upon returning home, Ms. Hicks realized that the ballot style she voted did not match the ballot she had researched before voting. She called the Elections office. Staff were able to locate the Incident Report, cancel the One Stop Application, and retrieve the voted ballot using the absentee code. Director Hunter-Havens told Ms. Hicks that she had the option to vote a provisional ballot during Early Voting or on Election Day. Ms. Hicks returned to a One Stop location and cast a provisional ballot, which is pending, subject to the Board’s decision on this Voter Challenge. The Board has before it an official Voter Challenge to the first One Stop absentee ballot cast by Ms. Hicks. If the Board accepts the Challenge, the Board will hold a hearing on the Challenge on the day set for the county canvass, November 18, with proper written notice to the voter stating the reason for the Challenge, and the date and time of the hearing. Based on the hearing, the Board can sustain the Challenge to the One Stop absentee ballot, which allow the Board to accept the provisional ballot and adjust the vote totals accordingly. If the Board rejects the Challenge, the Board will reconsider and approve the One Stop absentee Application and count the first ballot cast by Ms. Hicks. The Director recommended accepting the for hearing and disapproving the One Stop absentee Application and ballot, which will allow the Board to consider and accept the cast provisional ballot. Member Kemp moved to accept the challenge of Ms. Hicks’s One Stop absentee ballot, second by Secretary Miller. Chair Carter called for any discussion. Secretary Miller asked questions about the challenge to verify the issue arose because of a clerical error and to clarify what options the voter was given. Hearing no further discussion, Chair Carter called the vote on the motion to accept the voter challenge. Motion carried unanimously. b.Absentee Ballot Challenge – Ferguson Voter presented to vote and had with them an unsealed absentee-by-mail ballot for Victoria Anne Ferguson. The voter alerted the curbside coordinator that they had the absentee-by-mail ballot to submit. The curbside coordinator brought it to the Site Lead’s attention. The Site Lead instructed the voter that they were missing the two witness signatures and that the ballot was not sealed. While correct in identifying the unsealed envelope as a deficiency, the voter’s signature was notarized, and therefore the voter did Board Minutes – 11/8/2022 Page | 5 not require two witnesses. The Site Lead told the voter they could cast their ballot which voter likely interpreted to mean they could place the absentee-by-mail ballot for Ms. Ferguson in the DS200 tabulator. At the end of the night, the Northeast Library One Stop site had one more ballot cast than they had voter history. Upon further discussion with officials, they found that the voter had dropped the absentee Container-Return Envelope in the trash near the DS200, which the Site Lead retrieved and returned, allowing staff to identify, locate, and separately bag the absentee ballot. The Board The Board has before it an official Voter Challenge to the absentee-by-mail ballot. If the Board accepts the Challenge, the Board will hold a hearing on the Challenge on the day set for the county canvass, November 18, with proper written notice to the voter stating the reason for the Challenge, and the date and time of the hearing. After discussion, Member Kemp moved to reject the Voter Challenge and approve the ballot cast by Victoria Anne Ferguson, second by Secretary Miller. Hearing no further discussion, Chair Carter called the vote. Motion carried unanimously. The Board’s action resulted in counting the ballot with the tabulator results and adding the voter history to the One Stop Early Voting site. The absentee-by-mail record was cancelled administratively. c.Absentee Ballot Challenge – Connolly The voter’s One Stop absentee ballot was cast using the wrong voter record on November 1, 2022 at the Carolina Beach One Stop site. Per the incident report, Mr. Conolly presented to vote and stated his name and address, which matched the name and address of his son. Mr. Conolly signed the application that was printed without noting that it reflected his son’s record. Mr. Conolly was not himself currently registered to vote. His previous registration record was removed on January 4, 2017 after two consecutive federal elections in Inactive status. Mr. Conolly should have been given the opportunity to complete same day registration process and vote a regular ballot, or vote provisionally. Director Hunter-Havens spoke with Mr. Conolly to apprise him of the situation so that he could vote provisionally on Election Day, which he did at precinct M03. His son, Jeffrey Scot Conolly, Jr., voted in Durham County. As a result, we removed his son’s New Hanover County registration record on November 6, 2022, due to his move to a different county within the state. The Board has before it an official Voter Challenge to the One Stop absentee . If the Board accepts the challenge, the Board will hold a hearing on the challenge on the day set for the county canvass, November 18, with proper written notice to the voter stating the reason for the challenge, and the date and time of the hearing. After discussion, Chair Carter moved to accept the voter challenge and disallow the cast One Stop absentee ballot, second by Member Hunter. Hearing no further discussion, Chair Carter called the vote. Motion carried unanimously. Board Minutes – 11/8/2022 Page | 6 d.Counting of Absentee Ballots Chair Carter asked the Board’s preference whether to proceed with counting the approved absentee ballots and then addressing Member Kemp’s proposed Voter Challenges, or address the challenges first. Member Kemp asked the Board to consider these challenges first, and Chair Carter agreed. e. Kemp Challenges to Absentee Ballots Approved November 7, 2022 Member Kemp moved to challenge the ballot that was damaged by the slicer when opening the Container-Return Envelope, preventing determination of the voter’s intent in voting for the US Senate contest and the Soil and Water Conservation Board contest, to allow the voter to clarify which candidate for whom he or she intended to vote. Chair Carter said there is a rule against asking or allowing testimony by a voter how they voted, but he is not sure whether the rule applies in all circumstances or only when the voter may be ineligible to vote. He would like to research that rule before acting on this motion. Member Kemp said the voter still has the time to cast a provisional ballot today, Election Day. Chair Carter asked Member Kemp if he is in contact with the voter. Member Kemp said he is not and does not know the voter’s name. Chair Carter said the Board needs first to identify the voter and whether he or she can be contacted. Otherwise, he said he thinks it is better to count the votes that can be determined rather than reject the already-approved votes that could be determined. Secretary Miller said he is not clear on the mechanics of how this Voter Challenge would work. He questions whether the voter, who voted an absentee-by-mail ballot is even physically able to vote a provisional ballot in the next 4½ hours. Member Hunter agreed. Director Hunter-Havens asked whether anyone recalled the voter’s name. Chair Carter said he may have the absentee code written down but not the name. Chair Carter said he appreciated what Member Kemp intends to do here. After checking, Chair Carter said he did not write down the number. After further discussion, Director Hunter-Havens said Beth will search for the ballot in question among the machine-rejected ballots during the closing of the DS200s and then return to the matter. Chair Carter asked Member Kemp if he had any other ballots that he wished to challenge. Member Kemp said there was a ballot that was accepted with direction to refer it to the State Board of Elections for investigation. He asked if he has that right. Chair Carter said he does not recall the action on the ballot, but he recalls the request to make that referral. Further discussion clarified it was a question of the similarity of the witnesses’ signatures that raised a question. Member Kemp said his purpose is to take whatever is the correct action to give the Board additional time to better sort the question out and get some guidance from the SBE legal team. He referred to a Numbered Memo about comparing signatures, but it does not fit this scenario. If the Application did not have two valid witness signatures, the Board Board Minutes – 11/8/2022 Page | 7 would not have approved it. Member Kemp said it must have been shaky enough that the Board made the referral and should not have counted the ballot. Secretary Miller said he does not see how this action would be procedurally appropriate. He said it appears to re-examine a decision already made and revisit it by the side that did not prevail. Chair Carter said if a voter challenge is filed, there is a required procedure to follow. Member Kemp clarified that he is asking the Board, as a whole, enter the challenge. Chair Carter restated the motion on the floor is for the Board to file a Voter Challenge the absentee-by-mail ballot approved in the previous meeting on which the witnesses’ information appeared questionable. At the Board’s direction, that ballot was approved and referred for possible fraud investigation, second by Member Bryan. Chair Carter said he recalled that the reason the ballot was approved was based on SBE guidance that irregularities in the witnesses’ signatures does not invalidate the ballot. Chair Carter added that the issue can be revisited if there is an election protest. Hearing no further discussion, Chair Carter called the vote. Members Kemp and Bryan voted aye; Chair Carter, Secretary Miller and Member Hunter voted no. Motion to enter a voter challenge failed for lack of a majority. d. Counting of Absentee Ballots Chair Carter returned to the previous discussion regarding the ballot damaged during opening. Staff have located the ballot in question and the Board reviewed the ballot. After their review, the Board asked staff to contact the voter and advise the voter that the ballot was partially torn by the equipment while being opened, such that the voter’s vote in the US Senate and the Soil and Water Conservation Board contests could not be determined, and inquire for whom the voter voted if the voter could recall. Member Hunter said that, instead of asking the voter how he or she voted, the first question should be whether the voter would be able to vote provisionally before the polls close today. She said she was uncomfortable with so much disclosure of the voter’s identity and voting choices. Member Bryan asked what the alternative is if the voter is unable to return today and vote a provisional ballot. Director Hunter-Havens asked if the Board plans to rely on an oral affirmation from the voter as to which candidate he or she selected in that contest, which may not meet statutory requirements. Chair Carter suggested the Board file a voter challenge today and hold a hearing next week, which would preserve the option to spoil and cancel the partially-counted damaged ballot in deference to a provisional ballot, if the voter was able to cast one. Member Bryan said he prefers to know how the voter cast the ballot before the election is over and other results are known. The Director said staff will attempt to contact him and encourage him to go to his precinct and vote provisionally today, if possible. Chair Carter said the Board would continue to hold off on a decision until after the closing of the DS200s is completed. Board Minutes – 11/8/2022 Page | 8 Chair Carter called for a motion to proceed with closing the DS200s and counting the results from One Stop absentee voting. Member Kemps so moved, second by Chair Carter. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. Closing the DS200s began at 3:24 p.m. Closing the DS200s was completed at 3:50 p.m. The tapes were presented to the Board for their review and signature. Director Hunter-Havens said the SBE has given clearance to post these results at 7:30 p.m. when the polls close locally, even though voting has been extended for 1 precinct in 3 other counties. Chief Judges are also cleared to post the Election Day results at each precinct. Chair Carter called the meeting back to order at 5:01 p.m. to finish the Board’s business for this day and called on Director Hunter-Havens. The Director presented four copies of the Absentee Abstract of the tabulated absentee-by- mail ballots returned by 5:00 p.m. on November 7, for the Board’s review and signature. The results for both the absentee-by-mail and One Stop absentee ballots will be posted at 7:30 p.m. and until then must remain confidential until then by statute. Chair Carter asked about the differences between the totals signed yesterday and the totals verified today. Director Hunter-Havens said the difference is due to Same Day registrations that are incomplete because the voter needs to present additional information to complete the registration. 4.ADJOURNMENT After the Board finished signing the abstracts, Chair Carter said there is no further business before the Board and called for a motion to adjourn the meeting. Member Hunter moved to adjourn the meeting, second by Secretary Miller. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. The meeting adjourned at 5:08 p.m. The next Board meeting is the regular meeting scheduled to be held on November 15, 2022, at 5:15 p.m., at the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington, NC APPROVED BY: RESPECTFULLY SUBMITTED: ____________________________________________________________ DERRICK R. MILLER RAE HUNTER-HAVENS SECRETARY ELECTIONS DIRECTOR Board Minutes 7/18/2023 Page | 1 SPECIAL MEETING New Hanover County Board of Elections July 18, 2023 12:00 P.M. ATTENDANCE Members: Derrick R. Miller, Chair James Battle Morgan, Jr., Secretary Natalie Hinton-Stalling, Member Bruce Kemp, Member Tom Morris, Member Staff:Rae Hunter-Havens, Executive Director Caroline Dawkins, Deputy Director Jenna Dahlgren, Elections Logistics Specialist Noelle Powers, Elections Systems Administrator Joan Geiszler-Ludlum, Administrative Elections Technician Visitors: Tufanna Bradley, Assistant County Manager; Kemp Burpeau, Deputy County Attorney Special Guests: The Hon. James Faison, New Hanover County District Judge, Angela Faison, and Colethia Faison Public Attendees: Shawn Singleton, Port City Daily; Debra Morris; Emily Fountain; Becket Morgan; Bob Gatewood; Debbie Barlok; Jana Albritton, League of Women Voters LCF; Matthew Emborsky, NHC GOP Virtual Attendees: Sage Hoare; anonymous; Denise Brown; Jenna Dahlgren; Jessica O’Neill; Gina Herring; [910-612-9599] 1.MEETING OPENING a.Call to Order Chair Miller called the meeting to order at 12:00 p.m. The New Hanover County Board of Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington, NC. Chair Miller and Members Kemp, Morgan and Morris were present. b.Preliminary Announcements Chair Miller reminded the audience to silence their cell phones; to not engage in Board Minutes 7/18/2023 Page | 2 conversation among themselves; and to remember that the meeting is being recorded and live streamed on the internet. c. Pledge of Allegiance Chair Miller invited all in attendance to rise and recite the Pledge of Allegiance. 2. ORGANIZATIONAL BUSINESS a. 2023-25 Oath Ceremony The Honorable James Faison, New Hanover County District Court Judge, administered the oath of office to Chair Miller and Members Kemp, Morgan and Morris. Judge Faison thanked Chair Miller for the privilege of administering the oath, and introduced his wife, Angela, and his aunt, Colethia Faison, who is visiting from Philadelphia. b. Election of Secretary Chair Miller said it is tradition that the senior Board member representing the majority party serve as Secretary. He asked member Morgan if he was willing to serve as secretary and explained the secretary’s role includes presiding in the absence of the Chair and reviewing and signing the meeting minutes. Member Morgan accepted nomination and was elected unanimously. c. Adoption of Regular Meeting Schedule Chair Miller reviewed the proposed 2023-24 Board meeting schedule. He proposed to defer action on the full schedule until Member Hinton-Stalling could attend and provide input. Chair Miller moved to approve the proposed date for the August meeting, August 22 at 5:30 p.m., second by Member Kemp. Motion carried unanimously. 3. PUBLIC COMMENT PERIOD Chair Miller called upon the public in-person attendees for their comments, limited to two minutes each, total of 20 minutes. Chair Miller said the Board will hear from all members of the public before responding to the comments. No comments were submitted in advance of the meeting. Matthew Emborsky, NHC GOP, asked about public notice of the scheduling of Logic and Accuracy (L&A) testing for the Municipal Election. He asked again about response to the NHC GOP’s questions submitted following the 2022 General Election. Seeing and hearing no other public attendees wishing to comment, Chair Miller closed the Public Comment period and called on Director Hunter-Havens for response. Board Minutes 7/18/2023 Page | 3 Director Hunter-Havens said the dates and times for L&A testing will be announced in August, targeting dates in late September. She said, as there is limited room for the public to watch in person, the testing will also be live streamed. Director Hunter-Havens said both she and Chair Carter have provided responses to some questions. Some questions addressed security matters which have been submitted to the SBE for guidance on what information can be shared. Other questions addressed matters of public record and have been answered. 4. NEW BUSINESS a.Approval of Minutes Chair Miller reviewed the list of Board minutes presented for review and approval: 5/16/22, 6/8/22, 6/10/22, 6/15/22, 11/8/22, and 6/13/22. Chair Miller said Chair Carter submitted edits to the minutes of 11/8/2022 over the weekend. In the interest of time for the Board members to review those proposed edits, Chair Miller moved to reschedule those minutes to the August meeting, second by Member Morgan. Hearing no further discussion, Chair Miller called the vote. Motion carried unanimously. Member Kemp said he would like to propose an edit to the 6/13/23 minutes. Chair Miller moved approval of the 5/16/22, 6/8/22, 6/10/22, and 6/15/22 minutes as presented, second by Member Kemp. Chair Miller called for any corrections to the minutes. Member Kemp asked who reviewed the three sets of minutes of the June 2022 meetings. He said he wanted that information on the record for the new Board members. Chair Miller said he and Chair Carter reviewed them. Hearing no further discussion, Chair Miller called the vote. Motion carried unanimously. Member Kemp proposed a correction to the 6/13/23 minutes on page 5, first paragraph, first sentence, changing “observers” to “judge and chief judge”, second by Member Morris. Hearing no further discussion, Chair Miller called the vote. Motion carried unanimously. b. 2023 Municipal Election One-Stop Implementation Plan Chair Miller called on Director Hunter-Havens to present the proposed One-Stop Implementation Plan. The Director said the Board must set a plan for Absentee One Stop Early Voting by August 4, 2023, and reviewed the statutory requirements: •Early voting begins on the third Thursday before Election Day, October 19, and ends on the Saturday before Election Day, November 4. •At a minimum, Absentee One-Stop voting must be available in the county board of elections office from 8:00 a.m. to 5:00 p.m. on weekdays, and 8:00 a.m. to 3:00 p.m. on the last Saturday. The Paynter Room at the Northeast Library is designated as the office site. Board Minutes 7/18/2023 Page | 4 • A different schedule for the office site, or the inclusion of additional sites, requires the Board to give unanimous approval of a One-Stop Implementation Plan. • In odd-numbered years, additional sites are not required to open the same hours and days as the office site, but all additional sites must be open for the same days and hours. • If the Board is not unanimous on adopting a plan, a member or group of members may petition the NC State Board of Elections (NCSBE) to adopt a plan for the county. The NCSBE, after a hearing, may consider any plans submitted by the members, or may adopt a different plan of their choosing. In recommending a One-Stop plan, the Board should consider voter access and convenience, expected turnout, and cost per site, which runs about $20,000 per site for a municipal election. Chair Miller moved approval of the recommended plan, calling for three sites, Northeast Library, Senior Resource Center, and CFCC downtown locations, open on uniform days and uniform hours, second by Member Morris. Chair Miller called for Board discussion. Board discussion followed, with an emerging consensus to add a site at Carolina Beach to serve the municipal residents of Carolina Beach and Kure Beach, and whether to open three or four sites. Chair Miller and Member Morris withdrew their motion. Member Kemp moved to authorize the Northeast Library as the office site, open as the Director proposed, and open three additional sites at the Senior Resource Center, CFCC downtown, and Carolina Beach Police Training Room from October 28 through November 4, and the same hours as the Northeast Library location. second by Member Morris. Hearing no further discussion, Chair Miller called the vote. Motion carried unanimously. 5. GENERAL DISCUSSION Chair Miller called on the Board members for any general discussion. • Board use of County email Chair Miller outlined best practices for Board communication via email. The Board’s county email accounts are public records, and he proposes to respond only to emails from the Board members sent by county email. Director Hunter-Havens uses the Board’s county emails for all her communication with the Board, which are available to the public through a public terminal, unless the email is marked as Confidential. Chair Miller said that he will not respond to emails received from the Board members’ private email accounts. It is best practice to conduct Board business in public meetings, not by email. • Chair Miller asked about the status of the photo ID requirements and regulations. Director Hunter-Haves said the photo ID machine is being installed and expects the office will have the capability to issue free photo IDs in early August. Board Minutes 7/18/2023 Page | 5 •Nominations for chief judges and judges Director Hunter-Havens said she has sent a list of recommended chief judges and judges to the party chairs for their review, and has invited their additional nominations by August 11. She will request the Board to make those appointments at the August 22 meeting. •Municipal candidate filing Director Hunter-Havens gave a status report on municipal candidate filing so far, with the deadline for filing at noon on Friday, July 21. To date, there is at least one nominee for all contests on the ballot. Turnout rises if the contests are competitive, which is the case for all council seats. The Wilmington Mayor contest is not competitive so far, but there are competitive contests for Mayor in the three beach towns. •Board minutes Member Kemp said he has recently review minutes of the NCSBE meetings which are succinct and recommended them as a model for this Board’s minutes. That would make the minutes available timelier, improving their usefulness. Chair Miller asked the Board to review the NCSBE minutes, to consider that format further at the August meeting. 9.ADJOURNMENT Hearing no further General Discussion, Chair Miller called for a motion to adjourn. Member Morris moved that the meeting be adjourned at 1:07 p.m., second by Secretary Morris. Motion carried unanimously. The next Board meeting is scheduled to be held on August 22, 2023, at 5:30 5p.m., at the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington, NC APPROVED BY: RESPECTFULLY SUBMITTED: ____________________________________________________________ JAMES BATTLE MORGAN, JR.RAE HUNTER-HAVENS SECRETARY ELECTIONS DIRECTOR Special Meeting New Hanover County Board of Elections August 22, 2023 Subject: Public Comment Period Summary: This is an opportunity for members of the public to provide comments on elections-related matters. Each commenter will be limited to two minutes. There is a limit of 10 minutes total for the public comment period. Board Action Required: Discuss as necessary Item # 2 Special Meeting New Hanover County Board of Elections August 22, 2023 Subject: Adoption of Regular Meeting Schedule Applicable Statutes and/or Rules N.C. Gen. Stat. § 143-318.12(a) Summary: By statute, the Board may adopt a schedule of regular business meetings. The schedule implemented by the previous Board called for regular business meetings on the Tuesday following the second Monday of each month at 5:15 PM. Also included on the proposed regular meeting calendar are special meetings. Board members are required to attend special meetings, in accordance with Chapter 163 of the NC General Statutes, in order to review absentee ballot applications, count approved absentee ballots, and conduct the county canvass. Currently, there is an absentee review meeting scheduled on Tuesday, October 3, 2023. The board may cancel this meeting for the 2023 Municipal Elections since absentee ballots will not be mailed to voters who have requested them until Friday, October 6, 2023. Document/s Included: 2023 Schedule of Meetings; 2023 Board of Elections Calendar Board Action Required: Board Action Required Item # 3a NOTICE OF MEETINGS In accordance with N.C. Gen. Stat. § 143-318.12(a), the New Hanover County Board of Elections will meet on the Tuesday following the second Monday of each month at 5:15 PM unless otherwise noted on the schedule below. All meetings are held at 1241 A Military Cutoff Road, Wilmington, NC 28405, unless otherwise noted in the board meeting notice. The schedule for all meetings in 2023 is as follows: Date Type Time Purpose 1/ 10/ 2023 Regular 5:15 P.M. Conduct business as needed 2/ 14/ 2023 Regular 5:15 P.M. Conduct business as needed 3/ 14/ 2023 Regular 5:15 P.M. Conduct business as needed 4/ 11/ 2023 Regular 5:15 P.M. Conduct business as needed 5/ 09/ 2023 Regular 5:15 P.M. Conduct business as needed 6/ 13/ 2023 Regular 5:15 P.M. Conduct business as needed 7/ 18/ 2023 Special 12:00 P.M. Administrations of Oaths 8/ 22/ 2023 Special 5:30 P.M. Chief Judge/Judge Appointments 23-25 9/ 12/ 2023 Regular TBD Conduct business as needed 10/ 03/ 2023 Special 5:00 P.M. Absentee Review Meeting 10/ 10/ 2023 *Special 5:00 P.M. Absentee Review Meeting 10/ 17/ 2023 Special 5:00 P.M. Absentee Review Meeting 10/ 24/ 2023 Special 5:00 P.M. Absentee Review Meeting 10/ 31/ 2023 Special 5:00 P.M. Absentee Review Meeting 11/ 06/ 2023 Special 5:00 P.M. Absentee Review Meeting 11/ 07/ 2023 Special TBD Count Absentee Ballots 11/ 14/ 2023 Regular TBD Conduct business as needed 11/ 16/ 2023 Special TBD Count Absentee & Provisional Ballots 11/ 17/ 2023 Special 11:00 A.M. County Canvass of Election Results 12/ 12/ 2023 Regular TBD Conduct business as needed * Denotes a regular meeting that falls on the date of a special meeting required by statute If any meetings of the Board of Elections are added to this calendar, or cancelled, notice will be provided. For more details on the Board of Elections, please call 910-798-7330 or visit our website at nhcvote.com. Legend Holidays Absentee One-Stop Voting Voter Registration Deadline Regular Board Meeting Election Day Voting * Absentee Meetings Canvass Special Meeting: Board Member Oaths Special Meeting: CJ/Judge Appointment 2023 JANUARY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 FEBRUARY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MARCH S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 APRIL S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 MAY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JUNE S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 JULY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AUGUST S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SEPTEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 OCTOBER S M T W T F S 1 2 *3 4 5 6 7 8 9 *10 11 12 13 14 15 16 *17 18 19 20 21 22 23 *24 25 26 27 28 29 30 *31 NOVEMBER S M T W T F S 1 2 3 4 5 *6 7 8 9 10 11 12 13 14 15 *16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 DECEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Special Meeting New Hanover County Board of Elections August 22, 2023 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 2023 Municipal Elections 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 November 7 and November 16, 2023. 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 # 4b Item # 3b RESOLUTION TO ADOPT THE TIME FOR COUNTING OF ABSENTEE BALLOTS At a meeting duly called and held on the 22nd day of August 2023, 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 November 7 and November 16, 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 2023 Municipal Elections to begin at 2:00 pm on November 7 and November 16. Derrick R. Miller, Chair StarNews Publication – October 24th & October 31st Special Meeting New Hanover County Board of Elections August 22, 2023 Subject: 2023 Municipal Elections 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. 2023 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: 2023 Municipal Elections Notice Board Action Required: Staff recommends approval Item # 4c Item # 3c NOTICE OF ELECTION NEW HANOVER COUNTY, NORTH CAROLINA The municipal general election for the City of Wilmington and Towns of Carolina Beach, Kure Beach and Wrightsville Beach will be held on Tuesday, November 7, 2023. Voters will be asked to show photo ID when they vote. All voters will be allowed to vote with or without ID. Voters who lack ID can get one for free from their county board of elections. Find out more at ncsbe.gov/voter-id. All polling places within the municipal boundaries of each jurisdiction will be open from 6:30 a.m. to 7:30 p.m. on Election Day. Absentee One-Stop Voting will be held at the NHC Northeast Library (1241 Military Cutoff Road), Cape Fear Community College Health Sciences Building (415 North 2nd Street), and NHC Senior Resource Center (2222 South College Road), and Carolina Beach Town Hall (1121 N. Lake Park Blvd). The times and days these sites are open are as follows: Northeast Library Site: October 19-20 8:00 a.m. to 5:00 p.m. October 21-22 CLOSED October 23-27 8:00 a.m. to 5:00 p.m. October 28-29 12:00 pm. to 5:00 p.m. October 30- Nov 3 8:00 a.m. to 5:00 p.m. November 4 8:00 a.m. to 3:00 p.m. All Additional Sites: October 28-29 12:00 p.m. to 5:00 p.m. October 30- Nov 3 8:00 a.m. to 5:00 p.m. November 4 8:00 a.m. to 3:00 p.m. Absentee ballots will be mailed to voters who have requested them beginning October 6, 2023. A voter can fill out an absentee ballot request at votebymail.ncsbe.gov, or by filling out a request form provided by the board of elections. The request must be received through the website or by the New Hanover County Board of Elections by 5 p.m. October 31, 2023. The voter registration deadline for this election is 5 p.m. Friday, October 13, 2023. Eligible individuals who are not registered by that deadline may register and vote at any early voting site during the early voting period. New registrants will be required to provide documentation of their residence. The Elections Board will meet at 5:00 pm on October 10, 17, 24, 31, and on November 6 to take action on applications for absentee ballots. The Board will also meet at 2:00 pm on November 7 & November 16 for the purpose of counting absentee ballots. Canvass will be held in the New Hanover County Board of Elections office at 11:00 am on Thursday, November 17, 2023. Registered voters who live within the boundaries of the City of Wilmington and Towns of Carolina Beach, Kure Beach and Wrightsville Beach may vote in the municipal election. Municipal contests include the mayor and the members of the municipality’s governing board. 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. ________________________, Chair New Hanover County Board of Elections StarNews Publication – September 22nd, 29th and October 6th Special Meeting New Hanover County Board of Elections August 22, 2023 Subject: Temporary Transfer of Voters for Precinct H08 Applicable Statutes and/or Rules N.C. Gen. Stat §163-128(a) Summary: Currently, there are no registered voters who reside in the municipal boundaries in precinct H08. However, voters have until October 13, 2023, to register to vote. As a result, the NC State Board of Elections has recommended that the county board of elections temporarily transfer voters from precinct H08 to precinct H12 for the 2023 Municipal Elections only. Precinct H12 is adjacent to precinct H08. When such a resolution has been adopted by the county board of elections to assign voters from more than one precinct to the same precinct, then the county board of elections shall maintain separate registration and voting records to properly identify the precinct in which such voters reside. The polling place for the adjacent precinct, H12, is Porters Neck Elementary School. The voting enclosure used for voters in precinct H12 is the multipurpose room. It has sufficient interior space to permit our office to maintain separate registration and voting in the event a voter registers to the vote in precinct H08 who is eligible to participate in the 2021 Municipal Elections. Document/s Included: Resolution to Transfer Voting for Precinct H08 Board Action Required: Staff recommends approval Item # 4d Item # 3d RESOLUTION TO TEMPORARILY TRANSFER VOTERS FOR PRECINCT H08 At a meeting duly called and held on the 22nd day of August, 2023, at 1241 A Military Cutoff Road in Wilmington, North Carolina, the New Hanover County Board of Elections unanimously adopted the following resolution: WHEREAS the current voting location for Precinct H08 is Ogden Elementary School, 3637 Middle Sound Loop Road, Wilmington, NC 28411; and, WHEREAS as of August 17, 2023, there are 0 voters in Precinct H08 who are eligible to vote in the November 7th Municipal Election and, WHEREAS North Carolina General Statutes § 163-128 provides that upon a resolution adopted by the County Board of Elections, voters from a given precinct may be temporarily transferred, for the purpose of voting, to an adjacent precinct; and, WHEREAS the County Board's proposal is subject to approval by the Executive Director of the State Board of Elections. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Elections as follows: 1. During the 2023 Municipal Elections, those voters residing within the municipal boundaries of Precinct H08 shall be temporarily transferred to Precinct H12 located at Porters Neck Elementary School, 416 Edgewater Club Road, Wilmington, NC 28411. 2. That all notice requirements of North Carolina General Statutes § 163 shall be be met. THIS RESOLUTION shall be effective upon the date of its signing by the Board's Chair and dispatched to the NC State Board of Elections for consideration and approval of the Board's decision on August 22, 2023. Derrick R. Miller, Chair Special Meeting New Hanover County Board of Elections August 22, 2023 Subject: 2023-2025 Multipartisan Assistance Team (MAT) Appointments Applicable Statutes and/or Rules N.C. Gen. Stat §§ 163-226.3(a)(4) and 8 NCAC 16.0101 Summary: Every two years, the Board of Elections is required to establish Multipartisan Assistance Teams (MATs) to assist patients and residents with requesting or casting absentee ballots, if they are in a “covered facility” (i.e., hospital, clinic, nursing home, or rest home that provides residential healthcare in the State that is licensed pursuant to Chapter 122C, Chapter 131D, or Chapter 131E of the General Statutes; or by the federal government or an Indian tribe). Each team shall consist of one Republican and one Democrat unless the Board unanimously decides to appoint Unaffiliated members to replace one or both major political party members in the event a Democratic or Republican MAT appointee is not available to participate in a schedule visit. Document/s Included: MAT Rules , MAT Informational Flyer, and 2023-2025 MAT Nominees (Provided at Meeting) Board Action Required: Discuss as necessary and approval Item # 3e CHAPTER 16 - MULTIPARTISAN ASSISTANCE TEAMS 08 NCAC 16 .0101 MULTIPARTISAN ASSISTANCE TEAMS (a) Each county board of elections shall assemble and provide training to a Multipartisan Assistance Team ("Team") to respond to requests for voter assistance for any primary, general election, referendum, or special election. (b) For every primary or election listed in Paragraph (a) of this Rule, the Team shall be made available in each county to assist patients and residents in every covered facility in that county in requesting or casting absentee ballots as provided by Article 21 of Subchapter III of Chapter 163A of the General Statutes. For the purposes of this Chapter, a "covered facility" is any facility that provides residential or in-patient healthcare in the State that is licensed or operated pursuant to Chapter 122C, Chapter 131D, or Chapter 131E of the General Statutes, including, for example, a hospital, clinic, nursing home, or adult care home; or by the federal government or an Indian tribe. (c) The Team may assist voters in requesting mail-in absentee ballots, serve as witnesses to mail-in absentee voting, and otherwise assist in the process of mail-in absentee voting as provided by Article 21 of Subchapter III of Chapter 163A of the General Statutes. Upon the voter's request, the Team shall assist voters who have affirmatively communicated, either verbally or nonverbally, a request for assistance. History Note: Authority G.S. 163A-1298(a)(4); S.L. 2013-381, s. 4.6(b); Temporary Adoption Eff. January 1, 2014; Eff. October 1, 2014; Amended Eff. December 1, 2018. 08 NCAC 16 .0102 TEAM MEMBERS (a) For purposes of this Chapter, the county board of elections shall compose the Team as follows: (1) At least two registered voters shall be on each Team. The two political parties having the highest number of affiliated voters in the State, as reflected by the registration statistics published by the State Board on January 1 of the current year, shall each be represented by at least one Team member of the party's affiliation. If the Team consists of more than two members, voters who are unaffiliated or affiliated with other political parties recognized by the State of North Carolina may be Team members. (2) If a county board of elections finds an insufficient number of voters available to comply with Subparagraph (a)(1) of this Rule, the county board, upon a unanimous vote of all of its sworn members, may appoint an unaffiliated Team member to serve instead of the Team member representing one of the two political parties as set out in Subparagraph (a)(1) of this Rule. (b) Team members shall not be paid or provided travel reimbursement by any political party or candidate for work as Team members. History Note: Authority G.S. 163A-1298(a)(4); S.L. 2013-381, s. 4.6(b); Temporary Adoption Eff. January 1, 2014; Eff. October 1, 2014; Amended Eff. December 1, 2018. 08 NCAC 16 .0103 TRAINING AND CERTIFICATION OF TEAM MEMBERS (a) The State Board of Elections shall provide uniform training materials to each County Board of Elections. The training shall review the Rules of this Chapter as well as G.S. 163-226.3, 163-230.1, 163-230.2, and 163-231, including the statutory deadlines associated with absentee voting, and provide information to help Team members interact with persons who have disabilities. Every Team member shall confirm in writing that he or she has reviewed and understands the content of the training. Each County Board of Elections shall administer training for every Team member as directed by the State Board of Elections in this Rule. (b) Every Team member shall sign a declaration provided by the County Board of Elections that includes the following statements: (1) the Team member will provide voter assistance in a nonpartisan manner, will not attempt to influence any decision of a voter being provided any type of assistance, and will not wear any clothing or pins with political messages while assisting voters; (2) the Team member will adhere to the rules of this Chapter and the General Statutes listed in Paragraph (a) of this Rule, and the Team member will refer to County Board of Elections staff in the event the Team member is unable to answer any question; (3) the Team member will not use, reproduce, or communicate to anyone other than County Board of Elections staff any information or document handled by the Team member, including the voting choices of a voter, a voter's date of birth, or a voter's signature; (4) the Team member will not accept payment or travel reimbursement by any political party or candidate for work as a Team member; (5) the Team member does not hold any elective office under the United States, this State, or any political subdivision of this State; (6) the Team member is not a candidate for nomination or election, as defined in G.S. 163-278.6(4), for any office listed in Subparagraph (b)(5) of this Rule; (7) the Team member does not hold any office in a State, congressional district, or county political party or organization, and is not a manager or treasurer for any candidate or political party. For the purposes of this Subparagraph, a delegate to a convention shall not be considered a party office; (8) the Team member is not an owner, manager, director, or employee of a covered facility where a resident requests assistance; (9) the Team member is not a registered sex offender in North Carolina or any other state; and (10) the Team member understands that submitting fraudulent or falsely completed declarations and documents associated with absentee voting is a Class I felony under Chapter 163 of the General Statutes, and that submitting or assisting in preparing a fraudulent or falsely completed document associated with absentee voting may constitute other criminal violations. (c) Upon completion of training and the declaration, the County Board of Elections shall certify the Team member. Only certified Team members may provide assistance to voters. The certification shall be good for two years, or until the State Board of Elections requires additional training, whichever occurs first. History Note: Authority G.S. 163-226.3(a)(4); S.L. 2013-381, s. 4.6(b); Temporary Adoption Eff. January 1, 2014; Eff. October 1, 2014. 08 NCAC 16 .0104 VISITS BY MULTIPARTISAN ASSISTANCE TEAMS (a) The State Board shall provide annual notice regarding availability of Teams in each county. The notice shall provide information for covered facilities, or patients or residents of the facilities, to contact the county board of elections to arrange a Team visit. (b) If a facility, or a patient or resident of a facility, requests a visit by the Team, the county board of elections shall notify the Team and schedule the visit(s) within seven calendar days if it is able to do so. If the county board of elections is unable to schedule the visit within seven calendar days, the voter may obtain such assistance from any person other than: (1) an owner, manager, director, employee of the hospital, clinic, nursing home, or rest home in which the voter is a patient or resident; (2) an individual who holds any elective office under the United States, this State, or any political subdivision of this State; (3) an individual who is a candidate for nomination or election to such office; or (4) an individual who holds any office in a State, congressional district, county, or precinct political party or organization, or who is a campaign manager or treasurer for any candidate or political party; provided that a delegate to a convention shall not be considered a party office. None of the persons listed in Subparagraphs (1) through (4) of this Paragraph may sign the application or certificate as a witness for the patient. (c) On a facility visit, the composition of the visiting Team members shall comply with the requirements of Rule .0102(a)(1) or (a)(2) of this Section. (d) All Team members shall remain within the presence of each other while visiting or assisting patients or residents. (e) At each facility visit, the Team shall provide the following assistance to patients or residents who request it: (1) Assistance in requesting a mail-in absentee ballot: The Team shall collect any request forms submitted by voters and deliver those request forms to the county board of elections office upon leaving the facility. Upon the voter's request, the Team may also: (A) Assist the voter in completing the request form, provided that the voter signs or, if unable to sign, makes his or her mark or directs that his or her mark to be placed on the form; and (B) Coordinate a return visit to assist the voter in completing the absentee ballot. (2) Assistance in casting a mail-in absentee ballot: Before providing assistance in voting by mail-in absentee ballot, a Team member shall be in the presence of another Team member whose registration is not affiliated with the same political party. Team members shall sign the return envelope as witnesses to the marking of the mail-in absentee ballot. If the Team members provide assistance in marking the mail-in absentee ballot, the Team members shall also sign the voter's return envelope to indicate that they provided assistance in marking the ballot. (f) The Team shall make and keep a record containing the names of all voters who received assistance or cast an absentee ballot during a visit as directed by the county board of elections, and submit that record to the county board of elections. (g) The Team shall assist patients or residents physically located in the Team's county, regardless of the voter's county of registration. If a patient or resident is registered to vote in another county, the county board of elections in the county where the voter is registered shall communicate any request for assistance to the county board of elections in the county where the voter is physically located. History Note: Authority G.S. 163A-1298(a)(4); S.L. 2013-381, s. 4.6(b); Temporary Adoption Eff. January 1, 2014; Eff. October 1, 2014; Amended Eff. December 1, 2018. 08 NCAC 16 .0105 REMOVAL OF TEAM MEMBERS (a) The County Board of Elections shall revoke, pursuant to G.S. 163-33(2), a Team member's certification granted under Rule .0103 of this Section for the following reasons: (1) violation of Chapter 163 of the General Statutes or one of the Rules contained in this Section; (2) political partisan activity in performing Team duties; (3) failure to respond to directives from the County Board of Elections; or (4) failure to maintain certification pursuant to Rule .0103 of this Section. (b) If the County Board of Elections revokes a Team member's certification, the person shall not participate on the Team. History Note: Authority G.S. 163-33(2), 163-226.3(a)(4); S.L. 2013-381, s. 4.6(b); Temporary Adoption Eff. January 1, 2014; Eff. October 1, 2014. What is a “Multi-partisan Assistance Team”? A Multi-partisan Assistance Team, or “MAT,” is a group of persons appointed by the county board of elections to provide assistance with mail-in absentee voting to voters living at facilities such as nursing homes, hospitals, clinics, or adult care homes. The makeup of the Team includes, at a minimum, two people who have different party affiliations or who are not affiliated with a political party. When you request help from a MAT, you will receive impartial, professional assistance; their job is to help you vote, but your voting choices will remain confidential. Oftentimes, these voters may require assistance in completing the request forms or marking the ballot. The first preference, according to the law, is for the voter to receive assistance from a near relative or legal guardian. But some voters, particularly those who live in facilities, may not have a near relative or guardian available to provide that assistance. What is absentee-by-mail voting? Any registered voter may vote absentee by-mail. To vote absentee by mail, a voter completes a request form for an absentee ballot, which they mail or deliver in person to their county board of elections. They may also complete the form in an online portal by visiting the State Board of Elections website. The ballot is then mailed to the voter with instructions on how to complete and return the ballot, including information on who can serve as a witness or assistant. In North Carolina, any registered voter can vote by mail-in absentee ballot. Some voters find it necessary due todisability, limited mobility, or age. MULTI-PARTISAN ASSISTANCE TEAM Voters are required to include a copy of an acceptable photo ID or complete a Photo ID Exception form when they vote by mail. Is a photo ID required when voting absentee-by-mail? MATs can assist voters in requesting and casting a mail-in absentee ballot. What does a Multi-partisan Assistance Team do? In every county, an impartial team called a Multi-partisan Assistance Team is available to visit facilities such as nursing homes in order to provide assistance with mail-in absentee voting. To receive an absentee ballot by mail, a request must be made on the official Absentee Ballot Request Form. MATs can provide this form and help you fill it out if necessary. The MAT can then deliver the form back to the County Board of Elections office, and the ballot will be mailed to you in the following days. The Absen- tee Ballot Request Form includes a check-box to request assistance from a MAT in casting a mail-in absentee ballot. If you check that box, someone from the county board of elections will be in contact about arranging a visit. Requesting a mail-in absentee ballot Casting a mail-in absentee ballot If you’ve requested a mail-in absentee ballot, it will arrive in the mail, along with a special return envelope. On the back of the return envelope, you must sign your name. Two witnesses must be present when you mark your absentee ballot (but should not see how you vote) and must complete and sign the witness section on the return envelope. MATs can help with marking the ballot, completing the required information on the return envelope, and serving as a witness to the act of voting. I work at a facility such as a nursing home. How do I arrange a visit by a MAT? To inquire about scheduling a MAT visit, contact your county board of elections office. It is most helpful if the facility informs residents about MATs and determines a time when the most voters who need help will be available so that the MAT can help the maximum number of voters during the visit. It is also important, if possible, to know whether some voters have already received assistance in voting from family members (or if a family member plans to drive the resident to vote in person), particularly if the voter has memory difficulties. I reside at a facility. How do I request help from a MAT? Contact the activity coordinator of your facility. If you do not know who the activity coordinator is, or if there is no activity coordinator, talk to staff or management at your facility. Ideally, the local elections office can schedule a MAT visit to help several voters in one visit, so it is preferable that the visit is arranged by the facility. However, residents of the facility may also call the county board office to request a visit. Are there restrictions on care facility staff assisting with absentee voting? If a resident requests assistance due to a disability, care facility staff may provide assistance, although they are not required to do so. If a resident is not seeking assistance due to a disability, however, it is illegal for the owner, manager, director, or employee of care facilities to complete or submit absentee request forms or to assist residents with voting mail-in absentee ballots. COVID-19 Precautions MAT visits must be conducted in accordance with the visitation policy for each facility. This includes following facility guidance related to COVID-19 precautions such as wearing personal protective equipment. For more information or to find a list of county board of election contacts visit www.ncsbe.gov or call (919) 814-0700 Special Meeting New Hanover County Board of Elections August 22, 2023 Subject: 2023-2025 Chief Judge and Judge Appointments Applicable Statutes and/or Rules N.C. Gen. Stat §§ 163-31 and 163-41(a) Summary: County boards of elections are required to appoint one chief judge and two judges to each precinct in the county. 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. Below is the order of operations county board of elections should use for appointing chief judges and judges, including those recommended by party chairs and county board of elections staff: 1. For each chief judge position, each party chair recommends two total names for each precinct who must be registered voters of that precinct 2. For the two judge positions, each party chair recommends two total names for each precinct who must be registered voters of that precinct. 3. If the party chairs submitted this list of names to the county board of elections by August 17th, the county board MUST appoint chief judges and judges from that list, even if the party list only contains one name for each position. 4. If the lists from the party were received by the deadline but contain names that are NOT residents of the precinct, those lists are insufficient. The county board MUST appoint the names of those who ARE residents of the precincts (there is no discretion here per the statute). Item # 3f 5. The county board of elections must then, by unanimous vote, appoint as chief judge or judge names of voters in the following order: a. Those who were NOT recommended by the party but who ARE residents of the precinct (and must “diligently” seek residents of the precinct). b. Those who were recommended by the party but ARE NOT residents of the precinct (this includes names that the party did not submit by the deadline but may have recommended after that time – the statute says the county board “where possible” must seek and adopt the recommendation of the county chair of the party affected). By unanimous vote, the county board of elections may approve recommendations by staff to appoint a nonresident as a chief judge or judge so long as these recommendations meet all other statutory requirements*. *The term of office is two years from the specific date of appointment and until successors are appointed and qualified. The only exceptions to the term of appointment are cases where a nonresident of the precinct is appointed as a chief judge or judge. In those cases, the nonresident judge’s term of office shall end if the chair of the county board of elections appoints a qualified resident of the precinct of the same party to replace to the nonresident chief judge or judge. There is no statutory prohibition on an unaffiliated voter serving as a chief judge or judge. In fact, the statute doesn’t even mention Democrat or Republican, but rather states, “Not more than one judge in a precinct shall belong to the same political party as the chief judge” in subsection (a) of G.S. 163-41(a) and, “In making its appointments, the county board shall assure, wherever possible, that no precinct has a chief judge and judges all of whom are registered with the same party” in subsection (c) of that same statute. Per the NC State Board of Elections, after the board completes the appointment of all chief judges and judges for the 2023-2025 election cycle, any remaining vacancies in the chief judge and judge appointments after the appointments have been made can be filled by the chair of the county board of elections. If the chairman of the county board of elections did not appoint a person upon recommendation of the chair of the party to fill such a vacancy, then the term of office of the person appointed to fill the vacancy shall expire upon the conclusion of the next canvass held by the county board of elections under this Chapter, and any successor must be a person nominated by the chairman of the party of the vacating officer. If the current board does not unanimously appoint as required by N.C. Gen. Stat § 163-41(c), the precinct chief judges and judges appointed in 2021 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 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). Document/s Included: 2023-2025 Chief Judge and Judge Nominations (Provided at Board Meeting) Board Action Required: Discuss as necessary and approval Special Meeting New Hanover County Board of Elections August 22, 2023 Subject: Closed Session Chairman Statement Prior to Closed Session: I move that the Board enter into closed session, under N.C. Gen. Stat. § 143-318.11(6) to discuss personnel matters. Applicable Statutes and/or Rules: N.C. Gen. Stat. § 143-318.11(6) Summary: Closed session is required to discuss personnel matters under N.C. Gen. Stat. § 143-318.11(6). Board Action Required: Discuss as necessary Returning to Open Session: I move that the Board return to open session, under N.C. Gen. Stat. § 143-318.11(6), to conduct business remaining before the Board. I Item # 4 Special Meeting New Hanover County Board of Elections August 22, 2023 Subject: General Discussion Summary: This is an opportunity for discussion on other elections-related matters not included in the meeting agenda. Board Action Required: Discuss as necessary Item # 3 Item # 5