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HomeMy WebLinkAboutBoard Meeting Agenda Packet 10-10-2023MEETING AGENDA Date: October 10, 2023 Time: 5:00 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 (5/17/22, 8/9/22, 11/15/22, and 9/12/23) 2.Public Comment Period •2-minute limit •10-minute limit total 3.New Business a.2023-2025 Chief Judge and Judge Declinations and Vacancy b.Precinct Assistants c.Review of Absentee Ballot Applications and Resolution Authorizing Director to Complete Preparatory Steps for Absentee Meetings 4.General Discussion •Other Elections-Related Matters 5.Adjournment *Agenda packets are sent via email in advance of meetings. Special Meeting New Hanover County Board of Elections October 10, 2023 Subject: Approval of Agenda Summary: N/A Board Action Required: Staff recommends approval Item # 1c Special Meeting New Hanover County Board of Elections October 10, 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 the 8/9/22, 5/17/22, 11/15/22, and 9/12/23 meetings. Board Action Required: Staff recommends approval Item # 1d Item # 1d Board Minutes – 05/17/2022 Page | 1 SPECIAL MEETING New Hanover County Board of Elections May 17, 2022 2:00 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 Joan Geiszler-Ludlum, Administrative Elections Technician Visitors: Lisa Wurtzbacher, Assistant County Manager; Kemp Burpeau, Deputy County Manager; Jennifer Sparks, PrintElect Public Attendees: Matthew Emborsky, NHC GOP Virtual Attendees: Jim Keefe; Lee Rodio 1. MEETING OPENING a. Call to Order Chair Carter called the meeting to order at 2:03 p.m. The New Hanover County Board of Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington, NC. All members were present. Chair Carter said the purpose of the meeting was to review and process absentee-by-mail ballots. b. Preliminary Announcements Chair Carter reminded the audience to silence their cell phones and that the meeting is being recorded and live streamed on the internet. He further advised in-person attendees Board Minutes – 05/17/2022 Page | 2 to take their conversations outside the meeting room. b. Pledge of Allegiance Member Bryan invited all in attendance to rise as able and recite the Pledge of Allegiance. c. Approval of Agenda Chair Carter called for a motion to approve the agenda. Secretary Miller moved approval of the agenda as submitted, second by Member Hunter. Member Kemp asked the Board to consider a motion he sent by email earlier today to consider NC Gen. Stat. §163-182 before counting the absentee ballots, second by Member Bryan. Chair Carter called on Member Kemp to explain his motion to amend the agenda. Member Kemp said §163- 182.2 (a)(3) allows any member of the public to observe the counting of votes, and this county has not provided for public viewing. Chair Carter said he understood the email to address the counting of ballots after the polls close, so why take it up ahead of other New Business on the agenda. Member Bryan seconded the motion to amend the agenda. Chair Carter called for any discussion on the amendment. Secretary Miller said he has not seen any email proposing the addition of this discussion, and for that reason is not inclined to consider it ahead of other business. Hearing no further discussion, Chair Carter called the vote on the amendment. Chair Carter, Members Bryan and Kemp voted aye; Secretary Miller and Member Hunter voted nay. Motion to amend carried by majority vote. Chair Carter called for any discussion on the motion as amended. Hearing none, he called the vote. Chair Carter, Secretary Miller, Members Bryan and Kemp voted aye; Member Hunter voted nay. Motion carried by majority vote. 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, total of 10 minutes. Seeing and hearing no public attendees wishing to comment, Chair Carter closed the Public Comment period. 2. NEW BUSINESS a. Absentee Ballot Challenge Chair Carter called on Director Hunter-Havens to summarize the Absentee Ballot Challenge. Board Minutes – 05/17/2022 Page | 3 Director Hunter-Havens reminded explained that, some time ago, the voter had registered to vote on the DMV website with. At that time, the voter selected a certain party affiliation but. Then, the other day, the voter came to athe One Stop site and asked to register. It appears that the site official either did not look up the voter or for some reason was unable to locate the voter’s previous registration. The election official provided the voter with a Same Day Registration form so that he could register. When completing the Same Day Registration form, the voter selected a different party from the one designated in his previous registration. A voter is not permitted to change or update their party affiliation at the time of voting in a primary election. The election official gave the voter a primary ballot for his “new” party, and the voter then voted that primary ballot. The problem is that the law in North Carolina provides that a voter may not change or update their party affiliation at an OSEV site. A voter can register for the first time at an OSEV site, and in the process of registering they can designate a political party for the first time. But a voter who is already registered cannot change or update his or her party affiliation at an OSEV site. Because this voter was not eligible to change his party affiliation, he was not eligible to vote the ballot hethat was issued, and to him. Therefore, his vote should not be counted. The way to prevent an improperly-cast ballot from being counted is by filing a Board- initiated Voter Challenge by majority vote of the Board. Member Kemp moved to challenge the One Stop Absentee ballot, second by Secretary Miller. Chair Carter asked how the voter will be notified and when the hearing will occur. The Director said the voter will be sent notice of the challenge by certified mail. The hearing will be held on the day of the canvass, May 27. Hearing no further discussion, Chair Carter called the vote. Motion carried unanimously. b. Public Review of Election Day vote counting/upload Chair Carter called on Member Kemp to present the motion he circulated earlier to some Board members regarding the public observing the counting of ballots. Member Kemp said NCN.C. Gen. Stat. § 163-182.2 (a)(3) provides that any member of the public wishing to witness the vote count at any level shall be allowed to do so. He said we are not allowing members of the public to view the Director transferring the vote count uploadingtotals from the USB drives to the local PC and then uploading them to the State BoardBoard’s secure site. He believes that the acts of transferring and uploading the results should be considered “counting” and that the public should be able to witness them. Member Kemp moved that the Board authorize the public to witness the vote count of the precincts on election night and the absentee votes on Election Day, second by Member Bryan. Chair Carter called for discussion of the motion. Board Minutes – 05/17/2022 Page | 4 Chair Carter said the Board’s policy is to circulate motions and changes to the agenda further in advance, but since this agenda was not available until this morning and it addresses something that will happen in this meeting, he is willing to consider the motion. Chair Carter said “counting” absentee-by-mail ballots takes place in the weekly absentee meetings, and the counting of ballots cast at Election Day precincts takes place in the polling sites. What happens in the secure room is not counting, but rather uploading what has already been counted. Since that step is not counting, there is no requirement that the public is able to observe. Uploading takes place in a secure environment and generally under the supervision of two Board members. Public access is not practical. He called on Director Hunter-Havens for her comments. Director Hunter-Havens said the approved absentee-by-mail ballots are counted at each weekly meeting and the data stored on proprietary USBs. One Stop votes will be counted today when the site DS200s are closed and the results tapes are printed, all in full view of the public. The SBE does not interpret the uploading of results as “counting” votes. To do so would require substantial physical and process changes in all counties across the state. Member Kemp asked if the Board will be counting absentee-by-mail ballots using the DS850 in this meeting, as listed on the agenda? Director Hunter-Havens said that item is on the agenda in case there are supplemental absentee-by-mail ballots, but there are none today. Only the One Stop ballots will be counted. Member Kemp withdrew his motion. c. Counting of Absentee Ballots Chair Carter said the Board will proceed with counting the One Stop Absentee Ballots. Director Hunter-Havens introduced Jennifer Sparks of PrintElect who will close the One Stop DS200s and print the results tapes. The Board completed their review and signed the printed results tapes at 2:55 p.m. Ms. Sparks removed the USB drives from each DS200 and went to the secure room to upload the data to the SBE. Secretary Miller and Member Kemp left to observe the uploading process. The upload of data was completed, and the Board reviewed and signed the abstract of the absentee-by-mail results at 3:53 p.m. Secretary Miller and Member Kemp returned to the meeting. Chair Carter reminded the Board that the Abstract results must remain confidential by law until polls close today. 4. GENERAL DISCUSSION Board Minutes – 05/17/2022 Page | 5 • Other Elections-Related Matters Chair Carter called on Director Hunter-Havens to report on election administration matters. Director Hunter-Havens said one of the judges in precinct W21 had to go home due to a severe migraine. The chief judge and judge selected one of the assistants to fill the position and administered the oath. A judge at a different precinct reported last night that she would not be able to serve today due to health reasons. A substitute official was able to step in just for this election. In both cases, bipartisan representation was maintained. There were 14 no-show officials today, the largest number of no-shows to date. In addition, about 50 officials pulled off the schedule in the 4 days preceding Election Day. Using the emergency backup pool, staff were able to recruit and assign replacements. 5. ADJOURNMENT Chair Carter called for a motion to adjourn the meeting. Member Kemp moved to adjourn, second by Member Hunter. Motion carried unanimously. The meeting adjourned at 3:54 p.m. The next Board meeting is scheduled to be held on May 26, 2022, at 2:00 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 - 08/09/2022 Page | 1 REGULAR MEETING New Hanover County Board of Elections August 9, 2022 5:15 P.M. ATTENDANCE Members: Oliver Carter III, Chair Derrick R. Miller, Secretary Russ C. Bryan, Member [arrived 6:20 p.m.] Lyana Hunter, Member Bruce Kemp, Member Staff: Rae Hunter-Havens, Executive Director Caroline Dawkins, Deputy Director Jenna Dahlgren, Elections Logistics Specialist Jessica O’Neill, Elections Program and Outreach Coordinator Noelle Powers, Elections Systems Administrator Beth Pugh, Elections Specialist Joan Geiszler-Ludlum, Administrative Elections Technician Visitors: Lisa Wurtzbacher, Assistant County Manager; Kemp Burpeau, Deputy County Manager Public Attendees: Lee Rodio; Auley Crouch; Sylvia Brock; Clifford Brock; Yvonne Spencer; Susanne Werner, Michael Werner, NHCDP; Julius Rothlein, Will Knecht, NHC GOP Virtual Attendees: MB; Jessica O’Neill; Telephone participant. 1. MEETING OPENING a. Call to Order Chair Carter called the meeting to order at 5:17 p.m. Chair Carter, Secretary Miller, Members Kemp and Hunter were present. 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. b. Preliminary Announcements Chair Carter reminded the audience to silence their cell phones, or mute their Board Minutes - 08/09/2022 Page | 2 microphones if attending virtually, and that the meeting is being recorded and live streamed on the internet. b. Pledge of Allegiance 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 Member Hunter. Chair Carter called for any discussion. Member Kemp asked if there would be a General Discussion time on the agenda. He asked for the item listed under New Business but has a couple of other items for discussion. Member Kemp moved to amend the agenda to add General Discussion after New Business, second by Chair Carter. In response to a question from Secretary Miller, Chair Carter moved to amend the motion to change New Business to General Discussion, including the item Member Kemp requested, second by Member Hunter. Hearing no further discussion, Chair Carter called the vote on the motion to amend the amendment. Motion carried unanimously. Chair Carter called the vote on the motion to amend the agenda as amended. Motion carried unanimously. Chair Carter called the vote on the main motion, to approve the agenda as amended. 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, total of 20 minutes. Chair Carter requested that commenters yield the floor to Board members and the Director. Chair Carter acknowledged receiving written questions from Julius Rothlein on behalf of the NHC GOP and reviewed the questions for the audience. The Board’s or Director’s responses are included with each question. 1. Will this Board review all Container-Return Envelopes1? Chair Carter said he does not expect this Board to inspect each Container-Return Envelope once it reachesthe Board begins receiving a certain volumelarge number of 1When 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 - 08/09/2022 Page | 3 CREs each week, but the Board has not yet considered the matter or made a final decision. 2. Why is Monday, November 14, shown on the election calendar as the due date for mailed absentee-by-mail ballots for the 2022 General Election? Chair Carter said that the deadline is ordinarily three days after election day, which is Friday, November 11. However, this year Veterans Day is a falls on Friday, November 11. Veterans day is state (and federal and state) holiday for which, and government offices are closed. By statute, various deadlines are based on business days, whichlaw, when a legal deadline falls on an official holiday, that deadline is generally pushes the deadline to the next business day. That is the case here. Since Veterans Day is the Friday following Election Day, the law postpones the deadline moves to Monday, November 14. 3. Does this Board or the NC State Board of Elections (NCSBE) currently use the services of the Electronic Registration Information Center (ERIC) to perform list maintenance functions? The Director said ERIC is not part of the list maintenance process for this office. List maintenance relies on information compiled by the NCSBE and distributed to the county boards of election. 4. Do third parties have access to the pollbook or voter rolls for this county? Do any third parties have authority to update or modify county pollbooks or voter rolls? Director Hunter-Havens said no third-party group has access to county pollbooks or voter rolls. 5. Has NCSBE Numbered Memo 2020-21, issued September 16, 2020, regarding grant or in-kind donation opportunities, been rescinded or modified for the 2022 Election? Chair Carter called on Director Hunter-Haven to respond. The Director said NCSBE Numbered Memo 2020-21 remains in effect, to her knowledge. 6. During the 2020 Presidential Election, did the New Hanover County Board of Elections receive any third-party grants or in-kind donations? If so, for what purpose was the grant or donation used? Chair Carter called on Director Hunter-Havens to respond to this question. The Director said this Board did not accept any grants or in-kind donations. The NCSBE received some grants or in-kind donations and then allocated the funds or supplies to the county boards of election. Seeing and hearing no other public attendees wishing to comment, Chair Carter closed the Public Comment period. Board Minutes - 08/09/2022 Page | 4 2. DIRECTOR’S REPORT Chair Carter called on Director Hunter-Havens for her reports. a. Financial Update Director Hunter-Havens said during July the focus is on closing out the previous fiscal year. This office ended the year within its budget, particularly salaries and benefits, due to the vacant positions. Operating expenses finished a little closer to but within budget. During the first month of the new fiscal year, getting vendor contracts in place for the services and goods greater than $1,000 is the focus. Therefore, there is not a lot of operating expense activity to report until those contracts are encumbered. Member Hunter asked whether all the requested budget enhancements for election official pay increases are included in the new budget? The Director confirmed they are included in the adopted budget. Member Kemp asked what is included in the Capital Outlay line item? Director Hunter- Havens said that is the allocation approved by the County Commissioners for construction of the new Elections office which will follow completion of the new Government Center complex. The plan is to construct a separate new building on the site of the demolished building, which will include space for a One Stop site that will also serve as meeting and training space. The new space will improve functionality for election processes. The Board will continue to use the leased offsite warehouse space will continue in use. b. List Maintenance Director Hunter-Havens reported that, according to the Statewide Elections Information Maintenance System (SEIMS), New Hanover County Board of Elections removed 604 voters from the voter registration rolls during July 2022, in accordance with NC Gen. Stat. § 163-82.14, and processed 1,075 new registrations, 629 registration forms without changes, and 1,056 registration updates. Since the last meeting, we have begun receiving responses to the 3,172 cards sent in the semi-annual National Change of Address mailing. These are the registered voters for whom the US Postal Service has a reported change of address. When the voter updates their information, it restarts the clock for changing the voter’s status to Inactive or Removed. When the card is returned undeliverable to the registration address of record, additional efforts are made to contact the voter before making a change of registration status. Board Minutes - 08/09/2022 Page | 5 Chair Carter noted these steps are part of the on-going effort to keep the registration rolls up to date. These processes are governed by both state and federal law. He said that this county’s voter rolls include 90 to 100 percent of the county population, because these laws make it difficult to remove voters until several years of inactivity pass. Director Hunter said that, when a voter registers in a new jurisdiction and provides information on where the voter was previously registered, we receive a notification from the new jurisdiction which allows us to cancel their registration here. Unfortunately, not all voters do that. In response to a question from Secretary Miller regarding the 629 registration forms submitted without changes, those forms serve as a contact with the voter which resets the clock on any change in voter status. 4. STATUTORILY REQUIRED BUSINESS a. Resolution to Adopt a Time for Counting Absentee Ballots Chair Carter called for any discussion on the draft Resolution to set the time for the counting of the absentee ballots, which includes absentee-by-mail and One Stop voting, on Election Day. By statute, the counting must begin at 5:00 p.m., unless the Board sets an earlier time between 2:00 p.m. and 5:00 p.m. on Election Day. Previous Boards have chosen to begin the absentee counting process at 2:00 p.m. on Election Day, and to count the supplemental absentee-by-mail ballots at 2:00 p.m. on the day before canvass. The draft likewise proposes to count at 2:00 p.m. on November 8 and 17, 2022. Chair Carter called on Director Hunter-Havens to add some background. Director Hunter-Havens said the reason to begin at 2:00 p.m. is due to the large number of absentee ballots received in this office. That scheduling allows time to count and upload those results so that they are available when the polls close on Election Day. She said that the public is very interested in knowing where the results stand before the Election Day results are added. [I’m confused by this. Is she saying that when we post the absentee results at 7:30 sharp the public is able to see the results of only those who voted absentee. Sorry to be dense.] She reminded the Board that the absentee-by-mail ballots are reviewed and approved by the Board at the weekly absentee meetings, with the approved ballots optically scanned but not tabulated. After the results are uploaded, a report is generated for Board review and signature. We also close the DS200s under the Board’s supervision. The DS200 results tapes are printed during the afternoon and the Board signs those tapes. The absentee results are tabulated on Election Day but must remain confidential and are not released to the public until after the polls close on Election Day. Discussion offollowed regarding the requirements of the applicable statute, NCN.C. Gen. Stat. § 163-234, and review of the proposed Resolution for compliance with the statute, followed. Director Hunter-Havens explained the scanning and tabulation processes and the capabilities of the DS850. The Director also explained that the publication requirements forBoard publishes this Resolution as contained in therequired by statute. Formatted: Highlight Board Minutes - 08/09/2022 Page | 6 Chair Carter moved to adopt the Resolution as presented, setting 2:00 p.m. on November 8 and 17, 2022 as the time this Board will begin counting all absentee ballots, second by Member Hunter. Hearing no further discussion, Chair Carter called the vote. Motion carried unanimously. After the Resolution was adopted, Member Kemp proposed various edits to the language of the Resolution, as Chair Carter had invited. After discussion, Chair Carter moved to adopt the Resolution substantially in the form as presented, but with latitude for the Chair to make the revisions as they have been put on the table, second by Member Hunter. Hearing no further discussion, Chair Carter called the vote. Motion carried unanimously. b. 2022 General Elections Notice Director Hunter-Havens presented the draft Notice of General Election, New Hanover County, North Carolina. NC Gen. Stat. §163-33 (8) requires each county board of elections to place a legal notice in a newspaper of general circulation in the county once per week over a twenty-day period preceding the voter registration deadline. It must give information about the upcoming election, including: 1. The 2022 General Election Absentee One-Stop Voting Period. 2. Times for the review of absentee ballot applications (required and additional), and 3. Times for counting absentee ballots. This Notice is required in addition to the publication of the Resolution setting the dates and times for counting absentee ballots that the Board just considered, which must be published once weekly during the two-week period prior to Election Day. The Director said the Notice reflects changes the SBE made in the Notice template based on changes made since the July primary runoffs, and she reviewed those changes. The Director said she will revise the Board letterhead to reflect the current Board membership. Member Kemp asked to add Provisional ballots to the third paragraph for counting on November 17. Hearing no further discussion, Chair Carter moved to adopt the Notice with the addition of Provisional ballots to the third paragraph for counting on November 17, second by Member Hunter. Chair Carter called the vote. Motion carried unanimously. 5. OLD BUSINESS • Approval of Minutes (3/15/2022, 4/12/2022, 4/19/2022, and 4/26/2022) Chair Carter said he has some revisions he would like to make to the 3/15/2022 and 4/12/2022 Minutes. He moved to approve the minutes of 4/19/2022, second by Secretary Miller. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. Chair Carter moved edits to the Minutes of 3/15/2022: on page 10, first paragraph to change “State Board of Elections” to “General Assembly”; and on the same page in Board Minutes - 08/09/2022 Page | 7 discussing the Bergen (1938) decision, change “equivalent” to “contrary”; and in the discussion of the fourth case, clarify the name of the case is States Rights Democratic Party. And on pages 5 and 6, where “Democrat” is used as an adjective, change it tto “Democratic”. Chair Carter moved to approve the Minutes of 3/15/2022 with those edits, second by Secretary Miller. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. Chair Carter moved edits to the 4/12/2022 Minutes: on pages 6 through 9, in the discussion of absentee ballots, referring to Applications and Container-Return Envelopes, add the explanatory footnotes defining those terms. Chair Carter moved to table the 4/12/2022 Minutes so he can create a red-line version showing his proposed changes, second by Member Hunter. Hearing no discussion, Chair Carter called the vote. Motion to table carried unanimously. Chair Carter said he had no edits for the 4/26/2022 Minutes and moved adoption, second by Secretary Miller. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. 7. GENERAL DISCUSSION • Discussion Regarding Appointment of Precinct Assistants (Member Kemp) Chair Carter introduced the topic by reviewing the statute, its definition of “precinct assistants”, and the role as defined in NC Gen. Stat. §163-42. The statute includes the party chairs in the nomination process, although locally they have not engaged in the process in many years. Member Kemp said the statute requires party balance and to that end the chair of the county Republican party has nominated about 20 people for appointment as precinct assistants. He said party balance was not observed during the primary. He encouraged less emphasis on residence in the precinct and more transfers to achieve party balance. He then moved to approve the appointment of the people nominated by the county Republican chair. Member Hunter and Chair Carter questioned the propriety of acting on an item on the General Discussion agenda. The administrative deadline for on-boarding precinct officials is September 2. The motion was not seconded. Chair Carter thanked the party chairs and the staff for their efforts in staffing all voting locations and encouraged continued collaboration. • Other matters Member Kemp encouraged revision of the instruction sheets for absentee-by-mail ballots to add information about obtaining a valid postmark on the return envelopes sent by mail. Director Hunter-Havens said the SBE writes those instructions and county boards are not able to edit or add to them. Discussions between SBE and USPS are continuing. Board Minutes - 08/09/2022 Page | 8 Member Bryan requested staff review the layout of the Northeast Library voting site to address the curbside concerns raised during the primary. Director Hunter-Havens said the layout complies with the current SBE guidelines which focus on security. The Northeast Library site presents challenges, and she does her best to meet all the needs, including the library’s needs, in designing the layout. Hearing no further discussion, Chair Carter closed the General Discussion. 7. ADJOURNMENT Chair Carter moved to adjourn the meeting, second by Secretary Miller. Motion carried unanimously. The meeting adjourned at 7:36 p.m. The next Board regular meeting is scheduled to be held on September 13, 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 – 11/15/2022 Page | 1 REGULAR MEETING New Hanover County Board of Elections November 15, 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 Jessica O’Neill, Elections Program and Outreach Coordinator Noelle Powers, Elections Systems Administrator Beth Pugh, Elections Specialist Joan Geiszler-Ludlum, Administrative Elections Technician Visitors: Lisa Wurtzbacher, Assistant County Manager; Kemp Burpeau, Deputy County ManagerAttorney; Sharon Smith; Cher Pridgen; Jane Saunders; Emily Fountain; Bea Powell; Jim Keefe; Sarah Vitt Public Attendees: Leslie Antos, Sheila Fellerath, League of Women Voters LCF; Katrina Morton; Tiffany Thomas; Nichole Kingston; Matthew Emborsky, Julius Rothlein, NHC GOP; Bryan Warner, Common Cause NC; Susanne Werner, NHCDP; Diane Zaryki; Chad Whitaker Virtual Attendees: Frances Acanfora; Sheila F.; Tyler Daye; Anonymous; Thom Tracy; Cathy; Louise; Gina Herring; Jennah; J Guest; Mike Lindell; Catherine Engelbrecht 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. All members were present. Board Minutes – 11/15/2022 Page | 2 b. Preliminary Announcements Chair Carter reminded the audience to silence their cell phones and that the meeting is being recorded and live streamed on the internet. c. Pledge of Allegiance Chair Carter invited all in attendance to rise and recite the Pledge of Allegiance. d. Approval of Agenda Chair Carter proposed to take up review of the Container-Return Envelopes1 received November 7 through November 14 first, then the Public Comment Period and moved the approval of the agenda as amended, second by Secretary Miller. Chair Carter called for any questions or discussion of the motion. In response to procedural questions from Member Kemp, Chair Carter clarified that the Board would review the Container-Return Envelopes and take the preparatory steps only in this meeting. The ballots will be tallied in the pre-canvass meeting on November 17. Director Hunter-Havens said that emailed voter challenges submitted by Mr. Rothlein to absentee-by-mail ballots without chain of custody documents were unfounded. Upon investigation, the chain of custody documents were removed in order to open the envelopes for scanning. All forms were located. Hearing no further discussion, Chair Carter called the vote. Motion carried unanimously. 2. STATUTORILY- REQUIRED BUSINESS • Review of Absentee Ballot Applications Chair Carter called on Director Hunter-Havens to review the 14 pending absentee-by- mail applications with questions requiring Board action. Director Hunter-Havens presented the following information: 1 When a voter chooses to submit an absentee ballot by mail or personal delivery, the voter places the completed ballot into a special envelope called a “Container Return Envelope”. On the outside of the Envelope is a pre-printed form called an “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 remove d. The terms “Absentee Ballot Application” and “Container-Return Envelope are often used interchangeably in casual conversation. In these minutes, “Envelope” will generally refer to the physical envelope, while “Application” will generally refer to the form printed on the outside of the Envelope. Board Minutes – 11/15/2022 Page | 3 •a. 2 ballot applications with witness names that are difficult to read. Numbered Memo 2021-03 gives the applicable guidance about deficiencies based on the readability of witness signatures. Staff were divided in their review of the witnesses’ printed names and signatures. After the Board reviewed the 2 Applications, Member Kemp moved to disapprove both ballots due to deficiencies in the Applications based on the name of one witness on each Application that is not readable and the witness did not print their names, second by Member Bryan. After discussion, Chair Carter called the vote. Motion carried unanimously. b. An Application includes a witness address that was whited out and written over. Staff left a message with the voter for their awareness of the witness’s address but received no response. • After the Board reviewed the Application, Secretary Miller moved to approve the ballot, second by Member Hunter. After discussion, Chair Carter called the vote. Motion carried unanimously. •c. A man returned his absentee ballot along with that of his wife and son. His Application and log sheet had no deficiencies. He appeared to become confused when completing the log sheets for the ballots of his wife and son and signed their names as the voters instead of his name as the person returning the ballots. After the Board reviewed the two Applications and return logs, Member Kemp moved to approve the wife’s and son’s Applications, second by Member Hunter. Hearing no further discussion, Chair Carter called the vote. Motion carried unanimously. •d. Voter gave his sister his absentee-by-mail ballot to return for him. Sister gave the ballot to her husband to deliver. Husband is disabled and did not complete the log sheet correctly, listing his wife instead of the voter. Beth Pugh, Elections Specialist, obtained this information from the voter. Member Kemp citing NCcited N.C. Gen. Stat.§. § 163-226 (f) which defines the near relatives who are authorized to return a voter’s absentee ballot, moved to disapprove this absentee ballot Application, second by Member Bryan. Chair Carter said SBE regulation is that a county board shall not disapprove an absentee ballot solely because it was delivered by someone who was not authorized to possess the ballot in the absence of other evidence. (08 NCAC 18.0102) He said the majority position is not to punish a voter or deny an Application when the voter did not do anything wrong. After discussion, Chair Carter called the vote on the motion to disapprove the ballot. Members Bryan and Kemp voted aye; Chair Carter, Secretary Miller and Member Hunter voted nay. Motion failed for lack of a majority vote. Secretary Miller moved to approve the ballot, second by Member Kemp. Hearing no discussion, Chair Carter called the vote. Chair Carter, Secretary Miller and Member Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Underline Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Board Minutes – 11/15/2022 Page | 4 Hunter voted aye; Member Kemp voted nay; Member Bryan abstained. Motion carried by majority vote. •e. Voter found the Container-Return Envelope was sealed upon receiving the absentee-by-mail ballot packet. Voter opened the Envelope, placed the voted ballot in it, and returned it in a larger mailing envelope with a note describing what happened, which Ms. Pugh confirmed with the voter. Director Hunter-Havens said that SBE guidance is not to disqualify a ballot in these circumstances and recommended Board approval. Member Kemp moved to approve the ballot, second by Secretary Miller. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. •f. Voters returned absentee ballots and Container-Return Envelopes in USPS Priority Mail envelopes bearing indications they originated on Election Day and were timely received between Election Day and the following Saturday. After Board review, Member Kemp moved to disapprove these absentee ballots pursuant to NC Gen. Stat. §163-231(b)(2) which requires a postmark dated on or before Election Day if received after Election Day, second by Member Hunter for purposes of discussion. After review and discussion, Member Kemp withdrew this motion. Secretary Miller moved to approve 3 absentee ballots marked by the Post Office as originating and in the possession of the USPS on November 8, second by Member Hunter. After further Board review, Secretary Miller withdrew his motion. Member Kemp moved to approve 2 absentee ballots, each received in a priority mail envelope marked by the Post Office as originating and in the possession of the USPS on November 8, second by Chair Carter. Chair Carter called the vote. Motion carried unanimously. Chair Carter reviewed 1 priority mail envelope marked by USPS as originating on November 8 and containing 2 absentee ballots; 1 of the ballot envelopes also bears a postmark of November 8. After Board review, Member Kemp moved approval of these two absentee ballots, second by Chair Carter. Chair Carter called the vote. Motion carried unanimously. Chair Carter reviewed 1 absentee ballot where the Container-Return Envelope has no postmark, but it came in a priority mail envelope with an origin date of November 8. Member Hunter moved to approve this absentee ballot, second by Secretary Miller. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. Member Bryan presented 3 absentee ballots contained in one priority mail envelope. Two Container-Return Envelopes also show a postmark of November 8, the third has no postmark. After review and discussion, Member Bryan moved to approve the two absentee ballots showing a November 8 postmark and to disapprove the one absentee Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Underline Formatted: Indent: Left: 0.31", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Board Minutes – 11/15/2022 Page | 5 ballot without a postmark, second by Member Hunter. After additional discussion, Chair Carter called the vote. Motion carried unanimously. Chair Carter called on Director Hunter-Havens to present the absentee-by-mail ballots recommended for disapproval. •g. Voter returned their ballot in person to Forsyth County Board of Elections who mailed it to New Hanover Board of Elections. Forsyth County did not stamp the envelope as having been received in person. [Member Kemp left the meeting.] [Member Kemp left the meeting.] Chair Carter moved to disapprove the ballot, second by Member Bryan. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. [Secretary Miller left the meeting.] h. Director Hunter-Havens presented 13 absentee-by-mail ballots that were received without postmarks after Election Day. • [Member Kemp returned to the meeting; Chair Carter left the meeting.] The Board members reviewed the 13 Container-Return Envelopes. [Chair Carter returned to the meeting.] After review, Member Hunter moved to disapprove these 13 absentee ballots returned without postmarks after Election Day, second by Member Kemp. Hearing no discussion, Chair Carter called the vote. [Secretary Miller returned to the meeting.] Chair Carter, Members Bryan, Hunter and Kemp voted aye; Secretary Miller abstained. •i. Director Hunter-Havens presented 12 absentee-by-mail ballots received with postmarks after Election Day. The Board members began their review of the 12 Container-Return Envelopes. The Board members began their review of the 12 Container-Return Envelopes. Member Kemp asked why the absentee-by-mail ballots approved in this meeting were not being opened and tallied tonight. Chair Carter said the notice of this meeting did not include notice of counting absentee ballots. The published canvass notices said counting would occur on November 8, at the Election Day meeting, and on November 17, at the pre- canvass meeting. After the Board completed their review, Chair Carter moved to disapprove these 12 absentee ballots received with postmarks after Election Day, second by Member Kemp. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. •j. Director Hunter-Havens presented 5 absentee-by-mail ballots received without witness or notary verification. The Board members began their review of the 5 Container-Return Envelopes. The Board members began their review of the 5 Container-Return Envelopes. After the Board completed their review, Member Kemp moved to disapprove these 5 absentee Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Underline Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Board Minutes – 11/15/2022 Page | 6 ballots received with incomplete Applications, second by Member Bryan. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. •k. Director Hunter-Havens presented 9 absentee-by-mail ballots received with only one witness verification. The Board members began their review. The Board members began their review. After completing review, Member Kemp moved to disapprove 9 absentee-by-mail ballots received with only one witness verification, second by Secretary Miller. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. •l. Director Hunter-Havens presented 6 absentee-by-mail ballots received without a witness signature. The Board members began their review The Board members began their review. After completing review, Member Kemp moved to disapprove 6 absentee-by-mail ballots received with only one witness verification, second by Chair Carter. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. •m. Director Hunter-Havens presented 1 absentee-by-mail ballot received without an assistant’s signature. The assistant completed all other assistant information and signed as a witness. Member Kemp cited Numbered Memo 2021-03 which statedstates that: Otherwise, if all required information from the witness or assistant is present but not on the designated line for each (for example, the witness or assistant printed their name on the address line, printed their address on the name line, and signed), the container-return envelope is not deficient and the ballot shall not be spoiled, absent any other deficiency. Chair Carter moved to approve this absentee ballot, second by Member Kemp. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. •n. Director Hunter-Havens presented 4 absentee-by-mail ballots with different possible witness deficiencies: 2 have no witness address, 1 witness printed their name on the signature line, and 1voter1 voter witnessed their own ballot. The Board members began their review. The Board members began their review. Secretary Miller moved to disapprove 3 absentee ballots with missing witness information, second by Chair Carter, who called for discussion of the motion. Member Kemp cited Numbered Memo 2021-03 to suggest that there is no deficiency on the ballot Application where the witness printed their name on the signature line. Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Justified, Indent: Left: 0.75", Right: 0.75" Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Underline Board Minutes – 11/15/2022 Page | 7 Member Hunter said she would also be inclined to approve the ballot because the name of the witness is legible. Chair Carter withdrew his second and Secretary Miller withdrew the motion to disapprove. After additional review and discussion, Chair Carter moved to disapprove the absentee ballot where the voter also signed as a witness, second by Member Kemp. During discussion, the Board agreed to defer this absentee ballot for further research to rule out the possibility of a household mix-up when completing the Applications and returning their ballots. Beth Pugh went to search for any companion ballots. Member Kemp moved to disapprove 2 absentee ballots missing the address of the second witness, second by Member Hunter. Hearing no further discussion, Chair Carter called the vote. Motion carried unanimously. Member Hunter moved to approve 1 absentee ballot where the second witness did not print their name on the designated line and did print their name legibly on the signature line, not considered a deficiency under Numbered Memo 2021-03, second by Member Kemp. In discussion, Member Bryan said that it appeared to him that the voter had entered all the information on the Container-Return Envelope. Chair Carter said the signatures were different. Hearing no further discussion, Chair Carter called the vote. Chair Carter, Secretary Miller, Members Hunter and Kemp voted aye; Member Bryan voted nay. Motion carried by majority. •o. Director Hunter-Havens reported on the staff research of the absentee ballot deferred for further research to rule out the possibility of a household mix-up when completing the Applications and returning their ballots. Ms. Pugh located the companion Container-Return Envelope. Examination confirmed that the two ballots were placed in the envelope of the other family member. After the Board members reviewed the two Container-Return Envelopes, Member Bryan said he sees two deficient Envelopes: in one case the wrong voter signed and in the other the wrong witness signed. Member Kemp drew attention to Numbered Memo 2021-03 where it provides: Otherwise, if all required information from the witness or assistant is present but not on the designated line for each (for example, the witness or assistant printed their name on the address line, printed their address on the name line, and signed), the container-return envelope is not deficient and the ballot shall not be spoiled, absent any other deficiency. Based on review of both Envelopes together, both voters signed both Container-Return Envelopes. On that basis, Chair Carter moved to approve both ballots, second by Member Kemp. Hearing no further discussion, Chair Carter called the vote. Motion carried unanimously. Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Justified, Indent: Left: 0.75", Right: 0.75" Board Minutes – 11/15/2022 Page | 8 [Member Hunter left the meeting.] •p. Director Hunter-Havens presented 2 absentee-by-mail ballots returned after Election Day via FedEx. According to the shipping label, the ballots showed ship dates of November 7. If these ship dates qualify as postmarks, these ballots could be approved. Delivery by a third-party courier, such as FedEx or UPS, is acceptable before Election Day. After Board review and discussion, Member Kemp moved to disapprove these 2 ballots, second by Chair Carter, because neither ballot had a valid postmark. Hearing no additional discussion, Chair Carter called the vote. Motion carried unanimously. [Member Hunter returned to the meeting.] •q. Director Hunter-Havens presented 3 absentee ballot packets that USPS returned to the Board of Elections as undeliverable and too close to Election Day to research, spoil, and reissue. The Director requested the Board to acknowledge their return to account for the undelivered ballots. Chair Carter moved to disapprove these 3 undeliverable absentee ballots, second by Secretary Miller. Motion carried unanimously. Chair Carter confirmed with the Director that the Board completed review of all 56 ballots recommended for disapproval and 13 pending Applications. The Board is now taking up a batch that are included in the approved group but need Board attention and confirmation. Chair Carter excused himself from the meeting to attend to a personal matter and turned the gavel over to Secretary Miller. The meeting continued with a quorum present. •r. Director Hunter-Havens presented 3 absentee ballots with cure certifications. After Board review, Member Bryan moved to approve these 3 absentee ballots with cure certifications, second by Secretary Miller. Hearing no further discussion, Secretary Miller called the vote. Motion carried unanimously. •s. Director Hunter-Havens presented 22 absentee ballots that required witness name and address research before recommending their approval. The Board reviewed the ballot envelopes. The Board reviewed the ballot envelopes. After review, Secretary Miller moved approval of these 22 absentee ballots, second by Member Bryan. Motion carried unanimously. •t. Director Hunter-Havens presented 2 ballots received through the Visually Impaired Portal (VIP) and 5 delivered by assistants due to the voter’s disability. The Board reviewed the ballot envelopes. Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Underline Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Underline Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Board Minutes – 11/15/2022 Page | 9 The Board reviewed the ballot envelopes. After review, Member Kemp moved approval of the 7 absentee ballots, second by Secretary Miller. Motion carried unanimously. u. Director Hunter-Havens presented 6 absentee ballots with minor damage to the Container-Return Envelopes and 7 with questions about the seal of the envelope. • After review, Member Kemp moved to approve 6 absentee return envelopes with minor damage, second by Member Hunter. Motion carried unanimously. v. Director Hunter-Havens said staff contacted 7 voters whose absentee ballot envelopes were taped closed, to verify the voter had applied the tape to the seal. The Board agreed to accept the 7 absentee ballots based on the staff’s verification with the voters. Secretary Miller suggested the Board divide into two teams to review the 59 duplicated UOCAVA ballots which are returned by email. The Board’s review began at 8:15 p.m. and concluded at 8:41 p.m. Director Hunter-Havens recommended approval of 1,202 absentee ballots sorted by precinct. Secretary Miller suggested the Board review ten percent of the total. Member Bryan suggested the Board divide into two teams with each team reviewing ten percent, which was agreed. Secretary Miller and Member Bryan selected precincts M04 (64 ballots) and FP06 (33 ballots) for a total of 97 and completed their review at 9:16 p.m. Members Hunter and Kemp selected precincts W24 (25 ballots), W12 (19 ballots), M02 (78 ballots), and W16 (24 ballots), for a total of 146 ballots and completed their review at 9:14 p.m. At the conclusion of the review, Secretary M iller moved approval of 1,212 absentee ballots, including the pendings reviewed and approved earlier in the meeting, second by Member Hunter. Hearing no discussion, Secretary Miller called the vote. Secretary Miller, Members Hunter and Bryan voted aye; Member Kemp voted nay. Motion carried by majority vote. On behalf of the Board, Secretary Miller authorized the staff to proceed with opening and scanning the approved ballots, which began at 9:20 p.m. With scanning completed, Secretary Miller reconvened the meeting at 11:19 p.m. and returned to the agenda. 3. PUBLIC COMMENT AND QUESTION PERIOD Secretary Miller called on the public in-person attendees for their comments or questions regarding matters before the Board, limited to two minutes each, and a total time of ten Formatted: Underline Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Underline Board Minutes – 11/15/2022 Page | 10 minutes maximum during Special Meetings. He reminded speakers to yield to the Board Members or Director to respond to the question. Secretary Miller acknowledged receiving written comments from Julius Rothlein on behalf of NHC GOP. Having confirmed no public or virtual attendees wished to make comments, Secretary Miller closed the Public Comment and Question period. 4. ADJOURNMENT Member Bryan moved to adjourn at 11:21 p.m., second by Member Hunter. Motion carried unanimously. The next Board meeting is scheduled to be held on November 17, 2022, at 2:00 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 Formatted: Normal, Indent: Left: 0", First line: 0" Board Minutes – 09/12/2023 Page | 1 REGULAR MEETING New Hanover County Board of Elections September 12, 2023 5:30 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 Jessica O’Neill, Elections Program and Outreach Coordinator Noelle Powers, Elections Systems Administrator Beth Pugh, Elections Specialist Joan Geiszler-Ludlum, Administrative Elections Technician Visitors: Tufanna Bradley, Assistant County Manager Public Attendees: Susanne Werner, NHCDP; Julius Rothlein, NHC GOP; Bob Gatewood; Clifford Brock; Ellen Haragan, League of Women Voters LCF Virtual Attendees: Denise Brown; Guest 1. MEETING OPENING a. Call to Order Chair Miller called the meeting to order at 5:31 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 Miller reminded the audience to silence their cell phones, that the meeting is being recorded and live streamed on the internet, and to refrain from conversation and crosstalk during the meeting. Board Minutes – 09/12/2023 Page | 2 c. Pledge of Allegiance Chair Miller invited all in attendance to rise and recite the Pledge of Allegiance. d. Approval of Agenda Member Kemp moved the approval of the agenda as submitted, second by Member Morris. Chair Miller called for any discussion. Member Kemp said he had two questions and where they might fit on the agenda. First, where to add an item to appoint Cliff Brock as Chief Judge of precinct M07? Second, whether there has been a response from the NC State Board of Elections (SBE) General Counsel Paul Cox to his questions regarding the validity of the transfer appointments approved in the previous Board meeting. Chair Miller, addressing the second question, said that, to his knowledge, there has been no response yet and suggested adding it to the General Discussion section on the agenda. As to the first question, Chair Miller suggested amending the agenda to add the appointment to New Business. Member Kemp moved to amend the agenda by adding item 4.c. to New Business to consider the appointment, second by Member Morris. Chair Miller said he would prefer to defer discussion of the appointment of a chief judge for precinct M07 to the October 10 meeting when the Board would have a better picture of which chief judge and judge appoints are declined and can give the party chairs an opportunity to make their recommendations for filling the open positions on an equal footing. Precinct M07 is not located within the municipal boundaries and this polling place is not opened for municipal elections, so there is no urgency about making the appointment. Chair Miller said he will oppose adding the item to the agenda and called for any other discussion. Member Kemp said he was not planning to discuss the merits of his motion while considering amending the agenda. Chair Miller suggested adding the item as a general discussion item. Member Kemp said motions to act are not appropriate under general discussion and declined to revise the motion. Member Kemp said the proposed appointment is pursuant to NCGS §163-41(a). Secretary Morgan and Member Hinton-Stalling concurred with deferring action until the October meeting, absent an urgent reason to act now. Member Morris said the nominee may accept a different assignment if not appointed now to this position. Hearing no further discussion, Chair Miller called the vote on the motion to amend the agenda to add an item under New Business to appoint Cliff Brock as chief judge of M07. Members Kemp and Morris voted aye; Chair Miller, Secretary Morgan and Member Hinton-Stalling voted nay. Motion failed for lack of a majority. Hearing no further discussion, Chair Miller called the vote on the original motion to approve the agenda as submitted. Chair Miller, Secretary Morgan, Members Hinton- Board Minutes – 09/12/2023 Page | 3 Stalling and Member Morris voted aye; Member Kemp voted nay. Motion carried by majority. e. Approval of Minutes Chair Miller introduced consideration of approval of the minutes of 8/9/22, 5/17/22, and 8/22/23. He said that only two of the current Board members attended the two 2022 meetings. Former Chair Carter has reviewed the drafts and suggested some changes, which he received today. In the interest of giving the full Board time to review the suggested edits, Chair Miller proposed postponing consideration of the 8/9/22 and 5/17/22 minutes to the next meeting and the Board gave their unanimous consent. Chair Miller turned the Board’s consideration to the minutes of 8/22/23 and called for a motion. Member Kemp moved approval of the 8/22/23 minutes, second by Member Morris. Chair Miller moved to amend the draft minutes of 8/22/23 on page 5, at the end of the fourth full paragraph to replace the last two sentences for clarification to read: “The motion carried by majority, but not unanimously. Therefore, the Democratic and Republican MAT officials are appointed; the Unaffiliated officials are not.” Hearing no further discussion of the proposed amendment, Chair Miller called the vote. Motion to amend carried unanimously. Chair Miller called for any other corrections or additions to the 8/22/23 minutes. Member Kemp called for adding the names of the persons appointed to serve as precinct chief judges and judges, as that was a main purpose of the meeting. Chair Miller said the full list is publicly available on the Board of Elections website. Member Kemp said the posted list contains names that the Board did not vote on, moved to add a list of the Board’s appointees by precinct, and called for a second to his motion. Member Morris seconded the motion. Hearing no further discussion, Chair Miller called the vote. Motion carried unanimously. Member Kemp asked whether the Board stated in the 8/22/23 meeting that previous appointees would continue to serve if a replacement was not named. Director Hunter- Havens said that is in accordance with SBE guidance, that the last appointee holds over until the Board appoints a resident successor by majority vote or unanimously appoints a transfer official. Member Kemp moved to defer approval of the 8/22/23 minutes until the Board holds the planned discussion of the questions he has posed to the SBE legal staff about the validity of the transfer appointments. Chair Miller said that the discussion will not change any action taken at the previous meeting. Chair Miller called for a second to Member Kemp’s motion. Member Morris seconded the motion. Chair Miller called for any discussion. Board Minutes – 09/12/2023 Page | 4 Secretary Morgan said, as a procedural matter, the minutes reflect what happened during the meeting, not what happened after the meeting. Member Hinton-Stalling said, given that the Board has minutes pending from a year ago, it behooves the Board to be more efficient in approving instead of deferring the minutes. The minutes are the record of what happened in a meeting and are not going to change what happened in a previous meeting. The Board should approve the minutes and move on to the business of the Board. Member Morris suggested striking the comments of Paul Cox since he was not part of the meeting, and then adopt the minutes. Director Hunter-Havens said that is the legal guidance issued by the State Board which governs the action and provided in previous elections. Chair Miller asked Members Kemp and Morris what they would strike from the minutes. No suggestions were offered. Chair Miller called for a vote on the motion to defer approval of the minutes of 8/22/23 until later in the meeting. Members Kemp and Morris voted aye; Chair Miller, Secretary Morgan and Member Hinton-Stalling voted nay. Motion failed for lack of a majority. Hearing no further discussion, Chair Miller called the vote on the motion to approve the 8/22/23 minutes with the approved corrections. Chair Miller, Secretary Morgan, Members Hinton-Stalling and Kemp voted aye; Member Morris voted nay. Motion carried by majority vote. 2.__PUBLIC COMMENT PERIOD Chair Miller called upon the public in-person and virtual attendees for their comments or questions, limited to two minutes each, total of 20 minutes, and limited to business before the Board. Seeing and hearing no public attendees wishing to comment, Chair Miller closed the Public Comment period. 3. DIRECTOR’S REPORT Chair Miller called on Director Hunter-Havens for her reports. a. Financial Update Director Hunter-Havens reported that purchase orders for expected expenditures during this fiscal year exceeding $2,500 are encumbered as the budget report shows. The amounts include contracted services and printing for the two scheduled elections. Expenditures to date reflect 27.7 per cent of total budget, ahead of expected due to the encumbrances. b. List Maintenance Board Minutes – 09/12/2023 Page | 5 Director Hunter-Havens reported removal of 1,794 voter registrations, and processed 3,308 new registrations, 1,216 registration forms without changes, and 2,323 registration updates. She encouraged the Board to review the National Voter Registration Act report and invited their questions. Director Hunter-Havens said all Board members attended the recent State Conference and have fulfilled their training requirements for 2023. New Board members will be required to attend at least one more training during their first two years of service. The 2024 conference dates are February 4-6 and August 4-6. She will share more information as it becomes available. 4. NEW BUSINESS a. Polling Place Change for Precinct FP07 Chair Miller called on Director Hunter-Havens to present the proposed polling place change. The Director said the current polling place is the Ashley High School cafeteria which presents numerous logistical challenges to voter access. The cafeteria is located at the back of the building, accessible by an unnamed road, with multiple parking areas and building entrances. Despite placing directional signs on the Monday before Election Day, they disappear overnight, adding to voter confusion. The County Board of Education has agreed to permit use of Anderson Elementary School, also located in the Veterans Park complex. Anderson is a free-standing school at the back of the complex with fewer entrances and an adjacent parking lot. It is closer to the main entrance from Carolina Beach Road onto Halyburton Parkway which also accesses the parking lot. Precinct FP07 is not open for the 2023 Municipal election, giving plenty of time to notify the affected voters. Director Hunter-Havens presented a resolution making the change in polling place for FP07. Member Kemp moved adoption of the resolution, second by Member Hinton-Stalling. Hearing no discussion, Chair Miller called the vote. Motion carried unanimously. b. Member Kemp’s request to discuss structure of Board minutes Chair Miller called on Member Kemp to present his request. Member Kemp said he had become aware that at least two of the Board members had not seen his email regarding his requested motion and stated it for the record. He moved that the Board meeting minutes containing required meeting minutes statements be produced by the Secretary or designee within five days or prior to the subsequent meeting date, whichever is sooner, and distributed to the Board members. He called for a second to his Board Minutes – 09/12/2023 Page | 6 motion. Member Morris seconded the motion. Chair Miller said he normally handles that traffic. He called on Member Kemp for his discussion of the motion. Citing NCGS §163-31(e) and a presentation at the recent State Conference, Member Kemp said he learned that the Board Secretary is required to keep the minutes book current and accurate. The minutes themselves should include notice that the meeting is duly called, a quorum is present, the date and time of the meeting, and state each motion with the vote taken. He called for finding ways to produce at least minimal minutes timely to have a record of the actions taken and assure taking any necessary follow up actions at the subsequent meeting. He proposed that the minutes succinctly state only the motions as voted upon so they can be available immediately after the meeting. Member Morris said Robert’s Rules of Order state that a board should vote on the minutes of the previous meeting with the opportunity to improve or modify them before adoption. He agreed that the recent minutes seem to contain more detail than is required. Secretary Morgan noted that the cited statute also requires the minutes to record all proceedings and findings of each meeting. Chair Miller said there is one set of outstanding minutes pending in addition to the minutes of this meeting. The Board received the minutes currently under consideration with the agenda packet. He proposed to postpone consideration of this motion as long as the Board continues to receive the minutes with the agenda packet before each meeting. Member Kemp said his concern is with keeping track of actions taken at a previous meeting that are necessary for preparing for the next meeting during election season when the Board meets more frequently. At the request of Member Hinton-Stalling, Chair Miller called on Director Hunter- Havens for her comments. The Director said that during election season, the Board’s agenda is driven by statutory and administrative deadlines and documented by actions like the certifications of the approved absentee ballots. Beginning in 2021, the weekly absentee meetings lasted three and four hours with extensive conversations and some Board members wanted additional detail in the minutes. The request to have a draft of minutes within a couple of days is reasonable, but to have a fixed rule on a certain number of days removes the office flexibility to respond to other election demands. After discussion, Member Kemp withdrew his previous motion, concurred by Member Morris as the seconder. Member Kemp then moved that Board meeting minutes containing the required meeting statements be produced by the Secretary or designee as soon as practical and prior to the subsequent meeting agenda distribution, second by Member Morris. After discussion, Chair Miller clarified with Board agreement that the motion will apply to the minutes of regular Board meetings and will be included in the agenda packet for the next regular meeting. Hearing no further discussion, Chair Miller called the vote. Motion carried unanimously. Board Minutes – 09/12/2023 Page | 7 5. GENERAL DISCUSSION Chair Miller turned to General Discussion of other election related matters and called on Member Kemp. Member Kemp said he wanted to better understand how the Board could, with one motion, conduct three rounds of chief judge and judge appointments at the August meeting, without notice to the county political parties with an opportunity to name someone as required by statute. He questioned whether the transfer appointments were approved properly. He has addressed his questions to the Director and State Board legal counsel without response. If there are questions about whether the Board is following the law, and without timely clarification, he said it causes him concerns. Chair Miller said he has seen Member Kemp’s written concerns which he has addressed in detail to Kemp Burpeau, Deputy County Attorney; Paul Cox and the State Board legal team; and a member of the State Board of Elections. So far, none of these experts and authorities have responded in support of the concerns. Mr. Burpeau, Board counsel, was present during the appointments discussion. The Board considered the parties’ resident recommendations, transfers recommended by a party and transfers not recommended by a party, along with other relevant qualifications. Both county party chairs had equal opportunity to make their recommendations. Chair Miller said, while he empathizes with Member Kemp’s frustration and concern, he felt reassured that the Board moved ahead properly. The county party chairs will have similar opportunities for input before the next Board meeting on October 10, when the Board will address any vacancies due to declined appointments. Compared to the appointment process two years ago, this Board can be proud of the efficient and proper appointment process this time around. Member Hinton-Stallings said the Board needs to be careful about creating a perception that we are not following procedures. We are following the statutes, relying on staff for guidance, and receiving assistance from county management and county attorney. We are doing things as we are supposed to and the public needs to have the assurance that we are. Chair Miller asked if there were other matters for general discussion. Member Morris said he has an item, but it would be better discussed in closed session. Chair Miller said the subjects suitable for closed session are limited and asked for the nature of the matter to be discussed, or would it be better scheduled for the October 10 meeting. Member Morris said he wanted to discuss the proper handling of the disqualification of a nominee for a chief judge or judge position. After discussion, the Board agreed to review the criteria and procedure for evaluating individuals for appointment at the October 10 meeting. Director Hunter-Havens said she would add the item to the next agenda. She said one of the purposes of a closed session is to consider personnel matters. Individuals who have not yet been on-boarded or submitted election official applications are not county employees and would not fall within the personnel category for a closed session. She added that any disqualification is based on specific, documented behavior indicating their Board Minutes – 09/12/2023 Page | 8 inability to follow election orders and appropriately serve in the role of an election official. She agreed to reach out to the State Board for guidance on requirements, procedures and best practices. Member Kemp asked what appointments will be considered in the October 10 meeting. Chair Miller called on Director Hunter-Havens to respond. Director Hunter-Havens said the main positions for Board action will be vacancies due to a declined appointment and hold-over appointments for which the party chairs will be invited to submit precinct resident names in time for the October 10 meeting. The Board duly appointed the transfer appointments subject to their willingness to serve. Deputy Director Dawkins said that to date, eight appointees have declined the appointment and responses from eight others are pending. 6.ADJOURNMENT Member Morris moved to adjourn the meeting, second by Member Hinton-Stalling. Motion carried unanimously. The meeting adjourned at 6:42 p.m. The next Board meeting is scheduled to be held on October 10, 2023, at 5:00 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 Special Meeting New Hanover County Board of Elections October 10, 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 October 10, 2022 Subject: 2023-2025 Chief Judge and Judge Declinations and Vacancy Applicable Statutes and/or Rules N.C. Gen. Stat § 163-41(c) Summary: The county board of elections can make chief judge and judge appointments under 163-41(c) for the chief judge and judge declinations and one true vacancy in precinct W08. There are different standards of approval or agreement that apply depending upon whether the recommended judge is a resident or nonresident of the precinct and if the recommendation is submitted by the party. If the party recommends a resident judge, then the standard to approve is majority vote. If the party recommends a nonresident or the recommendation is submitted by staff, then the standard to approve is unanimous vote. Document/s Included: 2023-2025 Chief Judge and Judge Appointment Declinations and Vacancy; Emails from Party Chairs with List of Party Recommendations Board Action Required: Discuss as necessary and action required Item # 3a Precinct Position First Name Last Name Party First Name Last Name Party NOTES CF02 Judge Valerie Smith D Thomas Taylor D Precinct closed for Muni- (Resident) FP06 Judge Martha Afetse D Marilyn Hertling D Precinct closed for Muni- (Resident) FP07 Judge David Echevarria R Nancy Steele U Precinct closed for Muni- (Resident) H01 Chief Judge Donna Robbins R Precinct closed for Muni- No BOE recommendations H13 Judge Eileen Klem D Sondra Vitols D Precinct closed for Muni- (Resident) M03 Chief Judge Patrick Sorrenti U William Brampton U 10 elections experience, Same "party" as initial appointee (resident) W03 Judge Dana Hamerski D Robert Carpenter D Same party as initial appointee (resident) W08 Chief Judge D No BOE recommendations W15 Judge Dan Cuyler R Norma Wasilewski R Possible appointment (resident) W30 Judge Samantha Nguyen R Aaron Logan U Possible appointment (resident) Vacancies & Declinations - 2023-2025 Appointment Terms Vacancies & Declinations Needs Board of Elections Recommendations Vacant 1 Hunter-Havens, Rae From:Jill Hopman <hopman21@gmail.com> Sent:Sunday, October 1, 2023 6:22 PM To:Hunter-Havens, Rae Cc:Dawkins, Caroline Subject:Re: 2023-2025 Chief Judge and Judge Declinations and Vacancy Attachments:2023-25 Declinations_Dem appointments.xlsx ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Please see attached. We defer to the Board's recommendations wherever necessary. Thank you all so much for everything you do. On Tue, Sep 19, 2023 at 5:06 PM Hunter-Havens, Rae <rhavens@nhcgov.com> wrote: Good afternoon, Leaders, Attached to this email you will find the PDF of the Chief Judge and Judge Declinations we received upon notifying those appointed for the 2023 – 2025 term. This list also includes the one, true, vacancy in W08 where no action was taken by the board to appoint so the 2021-2023 appointee held over. In this case that individual had already been appointed somewhere else and she accepted the new appointment, resulting in a true vacancy in W08. We are sending you this information so that party chairs can submit their recommendations to fill these positions ahead of the October 10 th Board meeting. We would like to receive your recommendations by the Sunday, October 1st . If you have any questions, please let me know. I have bcc’d the full board on this email. Thanks, Rae Rae Hunter-Havens Director Board of Elections New Hanover County - Elections (910) 798-7287 p | (910) 798-7295 f rhavens@nhcgov.com 2 1241A Military Cutoff Road Wilmington, NC 28405 www.NHCgov.com -- Jillian D. Hopman Attorney at Law Phone: (917) 566-8383 This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. Precinct Position Appointee Apptee Prect.Phone Email Notes CF02*J-D Patty Joyce H08 703-201-1554 pattyjoyce129@gmail.com No Dems available in precinct. J-D Transfer FP06*J-D Adam Shaw M02 (619) 823-5506 No Dems available in precinct. J-D Transfer FP07 J-R Kevin Littlejohn FP07 3362537828 klittlejohn@shipmanlaw.comIn-precinct Dem, but no prior experience H01 CJ Nick Radan CF01 (516) 451-3663 No Dems available in precinct. CJ-U Transfer H13 J-D Edward "Ned" Beckes H13 859-351-5060 nbeckes210@gmail.com 2 years as transfer judge in H12; YES to appointment M03 CJ Richard Cook M02 910-233-3478 richard@capefeardebtrelief.comNo Dems available in precinct. CJ-D Transfer W03 JD Reed Wallace W26 (910) 274-1360 ReedMWallace@gmail.com No Dems available in precinct. J-D Transfer W08*CJ Ann Jordan Randall W27 704-516-5553 annejordanrandall@gmail.comNo Dems available in precinct. CJ - Transfer W15 J-R W30 J-R *Unorganized 1 Hunter-Havens, Rae From:Nevin Carr III <countychair@newhanovergop.org> Sent:Thursday, September 28, 2023 5:38 PM To:Hunter-Havens, Rae Cc:Julius Rothlein; Kemp, Bruce; Morris, Tom Subject:NHC GOP Recommendations & Nominations for Precinct J& CJ Attachments:NHC GOP Precinct Judges Recommendations and Nominations.docx ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Director of Elections Heavens: Please find on the 2 page ATTACHMENT the NHC GOP List of names & positions that address the remaining issues regarding the appointment of Precinct Judges and the replacement of those who declined appointment as Precinct Judges. If you have any questions please contact me or Jules Rothlein. Very Respectfully Nevin Carr III Chair, NHC GOP -- Nevin Carr III Chair, NHC Republican Party TO: NHC Director of Elections September 28, 2023 1.As the Chair of the New Hanover County Republican Party, I offer the following to completely replace my previous judge and chief judge recommendations list submitted on September 1, 2023. Please advise if you have any questions. If this list is shared with the Democrat Party prior to the appointment meeting, I ask that the Democrat Party list be simultaneously shared with me. I recommend that the Board first appoint the following two precinct residents to replace two non-residents under 163-41 (a) so that the replaced election officials may be come available and considered for subsequent appointments by staff and the Board: 1. Appoint CF05 resident Eileen Jezercak to be a CF05 Judge replacing non-resident Rudolph Nobles Jr. (Eileen Jezercak previously served as CF05 Chief Judge.) 2. Appoint M07 resident Cliff Brock to be M07 Chief Judge replacing non-resident Thomas Stoddard. Following the Director’s guidance on appointing election officials under 163-41 (c), I make the following precinct resident recommendations: 1. Appoint H13 resident Carol Ann Lupton to be H13 Judge replacing Eileen Kiem who declined appointment. 2. Appoint M03 resident Amy Hobbs to be M03 Chief Judge replacing Patrick Sorrenti who declined appointment. Following the Director’s guidance on appointing election officials under 163-41 (c), I make the following precinct non-resident recommendations: 1. Appoint CF06 resident Mary Lou Kueffer to be CF02 Judge replacing Valerie Smith who declined appointment. 2. Appoint FP04 resident Loretta Efstathiou to be FP03 Judge replacing FP07 resident Hold-Over Kay Hughes. 3. Appoint FP04 resident Timothy Ludgate to be FP06 Judge replacing Martha Afetse who declined appointment. 4. Appoint FP08 resident Patrick Boykin to be FP07 Judge replacing David Echevarria who declined appointment. 5. Appoint H02 resident Helen Broder to be H01 Chief Judge replacing Republican Donna Robbins who declined appointment. 6. Appoint W31 resident Lori Apple to be H10 Chief Judge replacing her hold-over appointment status. 7. Appoint H02 resident Tom Newton to be M03 Judge replacing M03 resident Amy Hobbs if she was just earlier appointed M03 Chief Judge. 8. Appoint W21 resident Sara Duncan to be W03 Judge replacing Dana Hamerski who declined appointment. 9. Appoint W31 resident Tracey Meyerson to be W08 Chief Judge filling Vacancy. 10. Appoint H05 resident Debbie Whitman to be W15 Judge replacing Dan Cuyler who declined appointment. 11. Appoint H04 resident Reuel Sample to be W30 Judge replacing Samantha Nguyen who declined appointment. Respectfully Submitted Nevin Carr III Chairman, NHC GOP Special Meeting New Hanover County Board of Elections October 10, 2023 Subject: Election Day Precinct Assistants Applicable Statutes and/or Rules N.C. Gen. Stat. § 163-42 Summary: The New Hanover County Board of Elections relies on the willingness and dedication of county residents to serve as precinct assistants on Election Day. Year-round there is an application on our website where interested individuals can apply to serve as an election official. Throughout the year, we conduct outreach events for the purpose of voter education and election official recruitment. In addition, we execute other recruitment initiatives designed to attract and retain election officials, including messaging via our social media platforms and communicating with external stakeholders to expand our recruitment reach. Once an individual has submitted an election official application, a member of the Elections staff will reach out to schedule a time for a brief information session. This is a required step in the process where we review what our election officials are responsible for, how they can be involved in the elections process, and we go over the required new-hire paperwork. If this individual is still interested after the information session, they are required to submit all their paperwork so that we can complete the county onboarding steps. Each county board of elections is authorized, in its discretion, to appoint or assign two or more assistants to each precinct to assist the chief judge and two judges. In New Hanover County, each precinct typically has between six and twelve precinct assistants. Like other election officials, precinct assistants must be registered voters in the county who meet all statutory requirements. Most county boards of election do not adopt a formal appointment process for assistants given the very dynamic nature of the assignment process. It is very common for the schedule of assigned assistants to change daily during the active election cycle due to the large number of assistants needed for each election and their changing availability to work in an election during the weeks leading up to Election Day. As a result, most county boards of elections use a more informal process to assign and approve precinct assistants, including those recommended by the local party chairs. Local political party chairs can recommend from three to 10 registered voters in each precinct to work as precinct assistants up until 30 days before Election Day (N.C. Gen. Stat. § 163-42). The NHC Republican Party (NHCGOP) submitted a list of recommended precinct assistants for many of our precincts, some of which are not opened for the municipal elections. The NHC Democratic Party did not submit any specific recommendations for precinct assistants, but many of their recommended transfer judges responding to our availability survey indicating they were available and willing to serve as precinct assistants in this election. For the NHCGOP recommendations, we prioritized their assignment as a precinct assistant in their home precinct if we were able to confirm their availability and willingness to work on Election Day, keeping in mind both residency requirements and party affiliation representation. The county board is not required to pick all names on the lists submitted by the local party chairs but may pick and choose from those residents recommended as precinct assistants. Item # 3b In making these selections, party parity should be achieved whenever possible, even if the county board appoints less than all the precinct assistants nominated by a specific party chair. County boards are required to make a good faith effort to appoint an equal number of precinct assistants from each political party. Voters from any one of the six political parties in North Carolina may work as precinct assistants. However, strict parity may not be attainable if there is an insufficient number of voters from a specific party in each precinct who are available and willing to work in an election. As with the chief judges and judges, the majority of precinct assistants assigned to work on Election Day in a precinct cannot be nonresidents of that precinct. As vacancies occur in the precinct assistant schedule, we continue to prioritize residency and party affiliation as we attempt to fill vacancies that arise and strive for as much party parity as possible given the availability and willingness of voters to serve in these roles in each precinct. It is very common for us to find that we have large pools of election officials in certain precincts and very little in others, which requires that we mindfully use transfers to ensure there is full staffing at all New Hanover County precincts on Election Day. In addition, the number of registered voters affiliated with each political party in each precinct varies greatly throughout the county with certain precincts having proportionally less voters who are affiliated with a specific party. While we strategically use our transfer precinct assistants to achieve as much party parity as possible, we cannot force people to work in a specific precinct to achieve greater party parity if they are unwilling to do so. Document/s Included: Current Precinct Assistant Assignments for the 2023 Municipal Elections (provided at meeting) Board Action Required: Discuss as necessary Special Meeting New Hanover County Board of Elections October 10, 2023 Subject: Review of Absentee Ballot Applications and Resolution Authorizing Director to Complete Preparatory Steps for Absentee Meetings Applicable Statutes and/or Rules N.C. Gen. Stat §§ 163-229(b) and 163-230.1(f), NCSBOE Numbered Memos 2022-15, 2022-11, 2021-07, 2021-03, 2020-29, 2020-25, and 2020-23 Summary: By statute, county boards of elections are required to meet beginning on the fifth Tuesday prior to each election to review and take action on absentee ballot applications. The first absentee meeting in odd- numbered municipal elections can be cancelled since ballots are not available to mail out to voters until 30 days before Election Day. At each absentee board meeting, the board should either approve or disapprove the absentee applications assigned to that meeting date. All absentee ballot applications for the 2023 Municipal Elections must include the following: 1. The voter’s certification of eligibility to vote the enclosed ballot. 2. A copy of an acceptable form of Photo ID or completed Photo ID Exception Form. 3. The certification of two witnesses, to include their residence address, or one public notary. 4. The certification, to include residence address, of any individual that assisted a voter in accordance with N.C. Gen. Stat. §163-226.3. Since the board has delegated so much of the administrative detail of the election functions, duties, and work of the Board to the Elections Director, the Director and staff are responsible for completing many of the administrative duties associated with absentee by mail voting. In addition, the county board may authorize staff by an approved motion documented in the minutes or by resolution to 1) use a bipartisan team(s) of staff members to duplicate UOCAVA ballots that cannot be read by the tabulator outside of an absentee meeting, provided that all requirements outlined in Numbered Memo 2020-25 are followed and 2) open approved applications and scan ballots in them during the absentee meeting when they are approved. The board has previously authorized the completion of many of the preparatory steps associated with absentee by mail ballots by a resolution approved prior to the 2022 General Election and by motion prior to 2021. A resolution authorizing the Director to complete certain preparatory is included in this agenda packet. The review of certain types of absentee ballot applications cannot be delegated to staff members. Specifically, county boards are required to individually review all applications that 1) have been recommended for disapproval by staff, (2) have a cure certification associated with the ballot application, (3) have a Photo ID Exception Form where staff has indicated that available information may lead the board to conclude that the Form is false, or (4) where staff need further guidance from the board as to whether the application was properly executed. Item # 3c During the absentee meetings, the board by majority vote may accept staff’s recommendations for approval without reviewing all absentee applications that do not specifically require board review (Numbered Memo 2020-25). However, this delegation must include a process for the board to spot- check the ballot envelopes to ensure accuracy and consistency. In addition, county boards are authorized to use two bipartisan teams of board members to conduct this review at each meeting as opposed to all five board members reviewing each ballot envelope. Revised Numbered Memo 2021-03, updated on September 25, 2023, addresses deficiencies in the envelopes and/or photo ID documentation should be managed by staff. There are three types of deficiencies that can be addressed by elections staff: 1) return deficiencies, 2) ballot application deficiencies, and 3) photo ID documentation deficiencies. 1)Return Deficiencies – These deficiencies are associated with the actual envelopes, not the ballot application. The ballot envelope is returned to the county board of elections office in an outer return envelope to ensure the privacy of the accompanying photo ID documentation. There are situations when a deficiency in the return or ballot envelope require that the ballot be spoiled and reissued to the voter. These deficiencies include the following: •The ballot envelope is unsealed or appears to have been opened and resealed and the return envelope is not sealed or appears to have been opened and resealed. •Someone other than the voter returns a ballot envelope that is not sealed and the return envelope is also unsealed or there is no return envelope. Even if the person is authorized to return the ballot, they cannot seal the ballot envelope without the voter being present. The voter must direct that the ballot envelope be sealed in their presence. •The return or ballot envelope indicates the voter is requesting a replacement ballot. Other anomalies that do not require that the ballot be spoiled and reissued are based on situations where the ballot is received in a sealed envelope but there was an anomaly with one or both envelopes. These anomalies include the following: •Ballot envelope is unsealed or appears to have been opened and resealed but is received in a sealed return envelope. In this case, staff will make the following notation on the return envelope “sealed in return envelope” so that county board can open the return envelope and review that ballot at its next absentee board meeting. •Ballot is placed inside the clear sleeve on the outside of the ballot envelope used for photo ID documentation but the return envelope is sealed. Staff will make the following notation on the return envelope “sealed in return envelope” so that county board can open the return envelope and review that ballot at its next absentee board meeting. •Return envelope is not sealed or appears to have been opened and resealed but the ballot appears to be sealed in the ballot envelope. No special action is required before reviewing the ballot application. •A voter returns their ballot in person in an unsealed ballot envelope to our office or a one-stop site. In this case, staff will instruct the voter to seal the ballot envelope. No special action is required before reviewing the ballot application. The purpose of the return envelope is to protect the voter’s confidential information during mail transit. If a person hand delivers a sealed ballot envelope without a return envelope, staff will place the ballot envelope in a new return envelope for storage purposes. 2)Ballot Application Deficiencies - Some ballot application deficiencies can be cured with a certification by the voter while other deficiencies require that the ballot be spoiled. Deficiencies that can be cured with a certification: •Missing voter signature •Voter signed in the wrong place Deficiencies that require the ballot to be spoiled: •A witness or assistant did not print name (If the witness or assistant’s signature is legible such that the name can be determined, the absentee ballot application is not deficient and the ballot should not be spoiled, absent any other deficiency) •A witness or assistant did not print address (Failure to print witness zip code does not invalidate the application. Failure to include the city or state in the address does not invalidate the application if the county board of elections can determine the correct address) •Missing witness or assistant signature •Witness or assistant signed in place of voter signature (Otherwise, if all witness or assistant information is present on the application but not on the designated lines, then the application is not deficient, and the ballot should not be spoiled absent any other deficiency) •If a voter’s witness is a notary, two errors in the notarial certification require that the ballot be spoiled and reissued: the notary signature is missing, or the notarial seal is missing altogether or contains missing information. 3)Photo ID Documentation Deficiencies – Deficiencies with the photo ID documentation fall into two main categories: Photocopy of Photo ID deficiencies and Photo ID Exception Form deficiencies. Both types of deficiencies are curable since the cure documentation comes from the voter. In addition, the failure to include any photo ID documentation is a deficiency that can be cured by the voter. Photocopy of Photo ID Deficiencies: •The ID type is not acceptable for voting purposes •The ID does not meet the expiration requirements, if applicable •The photocopy is not readable, which means that the name on ID cannot be read and/or photograph does not depict a person but only a shadow or outline of a person. •Name on the ID is not the same or substantially equivalent to the voter’s name in their voter record Photo ID Exception Form Deficiencies: •Voter did not print their name on the form, unless the voter’s signature appears to be made by the voter and appears to be the name of the voter. Elections staff and board members must presume that the voter’s signature is that of the voter (even if illegible), unless there is clear evidence to rebut that presumption. •Voter did not check a box for at least one claimed exception or failed to identify their specific reasonable impediment •Voter failed to provide their NC Driver’s License Number or last four digits of their Social Security Number •Voter failed to sign the Exception Form. If a voter is physically unable to sign or make their mark due to a disability, a person of the voter’s choice should write “Disabled-cannot sign” in the signature line and complete the Voter Assistance Certification on the back of the ballot envelope (Numbered Memo 2022-11). Elections staff review of photo ID documentation is for completeness, not falsity. A board’s finding of falsity is based on the board’s review of other information and gives the voter notice and opportunity to be heard on the matter. In addition to these three types of deficiencies, there are other deficiencies that cannot be resolved by staff and require board action. The deficiencies include the following: •Deficiency is first noticed at a board meeting •No ballot in a container-return envelope •More than one ballot in a container-return envelope •Two voter’s ballots and container-return envelopes are switched At the end of each absentee meeting, all absentee applications and ballots should be reconciled with the number of ballot applications approved by the board equal in number to the number of ballots scanned by the tabulator. Document/s Included: NCSBOE Numbered Memos 2022-15, 2022-11, 2021-07, 2021-03, 2020-29, 2020-25, and 2020-23, Resolution Authorizing Director to Complete Preparatory Steps for Absentee Meetings , Absentee Poll Book and Reconciliation Log Sheet (Provided at meeting) Board Action Required: Discuss as necessary and action required Mailing Address: P.O. Box 27255 Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135 Numbered Memo 2020-23 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: In-Person Return of Absentee Ballots DATE: September 22, 2020 (updated September 29, 2023) Absentee-by-mail voters may choose to return their ballot by mail or in person. Voters who return their ballot in person may return it to the county board of elections office by 5 p.m. on Election Day or to any early voting site in the county during the early voting period. This numbered memo provides guidance and recommendations for the safe, secure, and controlled in- person return of absentee ballots.1 General Information Who May Return a Ballot For most voters, only the voter, or the voter’s near relative or legal guardian, is permitted to hand-deliver an absentee ballot.2 For voters who need assistance returning their absentee ballot due to a disability, any person of that voter’s choice may return the absentee ballot for the voter, which could include a multipartisan assistance team (MAT).3 Outside of this disability exception, neither a MAT member nor any other person may take possession of an absentee ballot, unless they are the voter’s near relative or legal guardian. Intake of Absentee Ballots and Accompanying Photo ID Documentation As outlined in Numbered Memo 2021-03, trained county board staff shall review each ballot container-return envelope (ballot envelope) and accompanying photocopy of the voter’s photo 1 This numbered memo was updated on September 29, 2023, to include processes related to photo ID requirements for absentee-by-mail voting. 2 It is a class I felony for any person other than the voter’s near relative or legal guardian to take possession of an absentee ballot of another voter for delivery or for return to a county board of elections. G.S. § 163-226.3(a)(5); see also G.S. § 163-231(b)(1). 3 See Numbered Memo 2022-11. 2 ID or a completed Photo ID Exception Form (photo ID documentation) that are transmitted to the county board in an outer return envelope, to determine if there are any deficiencies. Typically, depending on the intake volume, staff review of the absentee ballot materials for acceptability occurs at a later time. But nothing prohibits staff from advising a person returning a ballot of any deficiencies that are noted at intake which would permit the voter to promptly correct those deficiencies. Although a hand-delivered absentee ballot is not required to be enclosed in an outer return envelope (which is used for mailing), the ballot must be sealed, either in the ballot envelope or the return envelope, for it to be accepted. If the voter is returning their ballot and it is unsealed, the voter should be instructed to seal the ballot envelope. If someone other than the voter is returning the ballot, that person should be advised that the county board may not accept an unsealed ballot, and the ballot must be sealed by the voter or in the voter’s presence.4 It is not recommended that county board staff serve as a witness for a voter while on duty since staff may need to make determinations about the ballot acceptance or other decisions pertaining to the absentee balloting process. However, staff who are not involved in the review of absentee ballot envelopes may be permitted to serve as a witness since the potential for a conflict would not exist and this would provide a service to a voter that may have no other way to meet the witness requirements. Copying a Voter’s Photo ID for a Voter Hand-Delivering an Absentee Ballot A voter, or any person permitted to return an absentee ballot as noted above, may request that staff make a photocopy of the voter’s photo ID to accompany the absentee ballot when hand- delivering an absentee ballot to the county board of elections office. Early voting sites are not required to have a copier available for this purpose, but a county may choose to do so if it has the available resources and staff. If the photo ID is a type of ID acceptable for voting purposes under 08 NCAC 17 .0101(a)(1), staff are required to make a photocopy of the voter’s photo ID at no cost to the voter, and to ensure that the photocopy is readable so it will be deemed acceptable when it is reviewed by the county board.5 Staff do not need to complete the assistant section of the ballot envelope when 4 G.S. § 163-231(a)(3). See Numbered Memo 2021-03 for further information on return deficiencies. 5 See 08 NCAC 17 .0109(e). Staff should consult the list of approved photo IDs that has been distributed by the State Board to determine whether the photo ID is an acceptable type. If the photo ID requested to be copied is not an acceptable type, then staff should inform the person of this fact and invite the person to provide for copying any other photo ID that is acceptable. 3 performing this task. After staff have made the photocopy of the photo ID, they should return the photo ID to the person delivering the absentee ballot, and then have that person place the photocopy of the photo ID in the clear sleeve used for this purpose on the ballot envelope, place the ballot envelope in the return envelope, and then seal the return envelope before handing it over to staff for intake. If the return envelope is already sealed, staff should open the return envelope so that the person can accomplish this task.6 To avoid confusion when staff is later reviewing the absentee ballot materials for deficiencies, the intake staff person should note on the return envelope that it was opened to allow photo ID documentation to be provided in person. Log Requirement An administrative rule requires county boards to keep a written log when any person returns an absentee ballot in person.7 The contents of the log are prescribed in the administrative rule, and county boards shall use the form provided by the State Board which complies with this rule. Intake staff shall note on the log the date that it was received. Because of the log requirement, an absentee ballot may not be left in an unattended drop box. Board Consideration of Delivery and Log Requirements Failure to comply with the logging requirement, or delivery of an absentee ballot by a person other than the voter, the voter’s near relative, the voter’s legal guardian, or a person of the voter’s choice when the voter needs assistance due to disability, is not sufficient evidence in and of itself to establish that the voter did not lawfully vote their ballot.8 A county board shall not disapprove 6 Intake staff do not conduct a review of whether the person hand-delivering the absentee ballot reasonably resembles the photo on the photo ID when the absentee ballot is hand-delivered at the county board office or an early voting site. The law provides specific requirements that a county board is to ensure are met by photo ID documentation accompanying an absentee-by-mail ballot, and reasonable resemblance of the voter to their photo ID is not one of them. See 08 NCAC 17 .0109. 7 08 NCAC 18 .0102 requires that, upon delivery, the person delivering the ballot shall provide the following information in writing: (1) Name of voter; (2) Name of person delivering ballot; (3) Relationship to voter; (4) Phone number (if available) and current address of person delivering ballot; (5) Date and time of delivery of ballot; and (6) Signature or mark of person delivering ballot certifying that the information provided is true and correct and that the person is the voter or the voter's near relative. 8 Id. Compare G.S. § 163-230.2(3), which states that an absentee request form returned to the county board by someone other than an unauthorized person is invalid. 4 an absentee ballot solely because it was delivered by someone who was not authorized to possess the ballot. The county board may, however, consider the delivery of a ballot in accordance with the rule, 08 NCAC 18 .0102, in conjunction with other evidence in determining whether the ballot is valid and should be counted. Return at a County Board Office A voter may return their absentee ballot to the county board of elections office any time the office is open. A county board must ensure its office is staffed during regular business hours to allow for return of absentee ballots until the end of Election Day. . You are not required to accept absentee ballots outside of regular business hours. Similar to procedures at the close of polls on Election Day, if an individual is in line at the time your office closes or at the absentee ballot return deadline (5 p.m. on Election Day), a county board shall accept receipt of the ballot. If your site has a mail drop or unattended drop box used for other purposes, you must affix a sign stating that voters may not place their ballots in the drop box. However, a county board may not disapprove a ballot solely because it is placed in a drop box.9 In determining the setup of your office for in-person return of absentee ballots, you should consider and plan for the following: • Ensure adequate parking, especially if your county board office will be used as a one-stop site • Provide signage directing voters to the location to return their absentee ballot • Ensure the security of absentee ballots and the privacy of the photo ID documentation that accompanies the absentee ballot. Use a locked or securable container for returned absentee ballots that cannot be readily removed by an unauthorized person. • If your set-up allows the return of ballots outside, plan for the possibility of severe weather. You may need a tent or other covering. Have a plan for how crowd control will occur without the physical barriers of an office and the security of your staff and the balloting materials. For safety reasons, it is not recommended you keep an outside return location open after dark or during inclement weather. Return at an Early Voting Site Location to Return Absentee Ballots Each early voting site shall have at least one designated, staffed station for the return of absentee ballots. Return of absentee ballots shall occur at that station. The station may be set up exclusively for absentee ballot returns or may provide other services, such as a help desk, 9 Id. 5 provided the absentee ballots can be accounted for and secured separately from other ballots or processes. Similar to accepting absentee ballots at the county board of elections office, you should consider and plan for the following with the setup of an early voting location for in- person return of absentee ballots: • Have a plan for how crowd control will occur and how voters will be directed to the appropriate location for in-person return of absentee ballots • Provide signage directing voters • Ensure adequate parking and sufficient space for long lines • If your set-up allows the return of ballots outside, plan for the possibility of severe weather. You may need a tent or other covering. Have a plan for how crowd control will occur without the physical barriers of an office and the security of your staff and the balloting materials. For safety reasons, ensure that there is adequate lighting as voting hours will continue past dark. Because absentee ballots must be returned to a designated station, absentee ballots should not be returned in the curbside area. Procedures Absentee ballots that are hand-delivered must be placed in a secured container upon receipt, similar to how provisional ballots are securely stored at voting sites. Absentee-by-mail ballots delivered to an early voting site must be stored separately from all other ballots in a container designated only for absentee-by-mail ballots. The secure storage of absentee-by-mail ballots is also important because these ballots will be accompanied by photo ID documentation, which could contain confidential information. County boards must also conduct regular reconciliation practices between the log and the absentee ballots. County boards are not required by the State to log returned ballots into SOSA; however, a county board may require their early voting site staff to complete SOSA logging. If a voter brings in an absentee ballot and does not want to vote it, the ballot should be placed in the spoiled-ballot bag in such a way that will distinguish it from ballots issued to the voting site when later performing reconciliation. Voters who call the county board office and do not want to vote their absentee ballot should be encouraged to discard the ballot at home. Return at an Election Day Site An absentee ballot may not be returned at an Election Day polling place. If a voter appears in person with their ballot at a polling place on Election Day, they shall be instructed that they may (1) take their ballot to the county board office by 5 p.m. or mail it so it is postmarked that day and received by the deadline; or (2) have the absentee ballot spoiled and vote in-person at their polling place. 6 If someone other than the voter appears with the ballot, they shall be instructed to take it to the county board office or mail the ballot so it is postmarked the same day. If the person returning the ballot chooses to mail the ballot, they should be encouraged to take it to a post office to ensure the return envelope is postmarked. Depositing the ballot in a USPS mail box on Election Day may result in the return envelope not being postmarked by Election Day and therefore not being counted. Mailing Address: P.O. Box 27255 Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135 Numbered Memo 2021-03 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Absentee Container-Return Envelope Deficiencies DATE: June 11, 2021 (updated September 25, 2023)1 The State Board is required to provide a cure process for voters whose absentee ballot envelopes contain certain deficiencies.2 A cure process for photo ID documentation containing deficiencies, when that documentation is submitted with an absentee ballot, is provided through an administrative rule adopted by the State Board3 and is guided by this numbered memo. The cure process for all other absentee-by-mail deficiencies is guided by this numbered memo. County boards of elections must ensure that the votes of all eligible voters are counted using the same standards, regardless of the county in which the voter resides. The ballot container-return envelope (ballot envelope) and the accompanying photocopy of the voter’s photo ID or completed Photo ID Exception Form (photo ID documentation) are transmitted to the county board in an outer return envelope. This numbered memo directs the procedure county boards must use to address deficiencies in the envelopes and photo ID documentation, to ensure that a voter is provided every opportunity to correct certain deficiencies, while also recognizing that processes must be manageable for county boards to timely complete required tasks. 1 This numbered memo replaces Numbered Memo 2020-19, which was first issued on August 21, 2020 and subsequently revised and reissued on September 22, 2020, and October 17, 2020. This numbered memo was updated on September 25, 2023, to include processes related to photo ID requirements for absentee-by-mail voting. 2 See Democracy NC v. State Board of Elections, 476 F.Supp.3d 158 (M.D.N.C. Aug. 4, 2020). 3 08 NCAC 17 .0109(b). 2 No Signature Verification Verification of the voter’s identity is completed through the witness requirement. The voter’s signature on the envelope shall not be compared with the voter’s signature in their registration record, or the voter’s signature on their photocopy of photo ID or Photo ID Exception Form submitted with their ballot, because this is not a requirement for the approval of an absentee ballot under North Carolina law.4 County boards shall accept the voter’s signature on the ballot envelope if it appears to be made by the voter, meaning the signature on the envelope appears to be the name of the voter and not some other person. Absent clear evidence to the contrary, the county board shall presume that the voter’s signature is that of the voter, even if the signature is illegible. A voter may sign their signature or make their mark. Types of Deficiencies Trained county board staff shall review each return envelope, executed ballot envelope, and photo ID documentation the office receives to determine if there are any deficiencies. County board staff shall, to the extent possible, regularly review these absentee ballot materials on each business day, to ensure that voters have every opportunity to timely correct deficiencies. Review for deficiencies occurs after intake. The initial review is conducted by staff to expedite processing of the envelopes in advance of a county board absentee meeting.5 There are three categories of deficiencies: 1) return deficiencies, 2) ballot application deficiencies, and 3) photo ID documentation deficiencies. 1. Return Deficiencies Previously, a voter transmitted their absentee-by-mail ballot to the county board in a single ballot container-return envelope. However, with the implementation of photo ID requirements starting with the 2023 municipal elections, the ballot envelope is now transmitted to the county board in an outer return envelope to ensure the privacy of the accompanying photo ID documentation. As a result, there may be certain instances where the return of the absentee ballot requires the ballot to be spoiled and the absentee package reissued to the voter. 4 See In re: Request for Declaratory Ruling on Signature Matching for Absentee Ballot Requests and Ballot Envelopes, N.C. State Bd. of Elections (July 22, 2022). See also Numbered Memo 2020-15, which explains that signature comparison is not permissible for absentee request forms. 5 See Numbered Memo 2020-25 regarding preparatory steps for absentee meetings. 3 Deficiencies that Require the Ballot to Be Spoiled (Civilian) • Ballot is inside the ballot envelope, which is not sealed or which appears to have been opened and re-sealed, and the ballot envelope is received in a return envelope which is not sealed or which appears to have been opened and re-sealed.6 • Ballot is inside the executed ballot envelope, which is not sealed, and someone other than the voter hand delivers the ballot envelope to an early voting site or the county board office, and the return envelope is also unsealed or there is no return envelope. Even if the person is authorized to return this ballot, they cannot seal the ballot without the voter being present. The voter must direct that the ballot be sealed “in the voter’s presence.”7 • The return or ballot envelope indicates the voter is requesting a replacement ballot. If a county board identifies one of these deficiencies, county board staff shall spoil the returned ballot and reissue a ballot, as long as the new ballot is issued before Election Day, along with a notice explaining the county board office’s action, in accordance with this numbered memo. Anomalies that Are Not Deficiencies (Civilian) • Ballot is inside the executed ballot envelope, which is not sealed or which appears to have been opened and re-sealed, but the ballot envelope is received in a sealed return envelope. Immediately upon opening the return envelope and noticing this situation, staff should re-seal the return envelope with a notation of “sealed in return envelope.” The county board should open the return envelope and address that ballot at its next absentee meeting.8 • Ballot is not inside the ballot envelope or has been placed inside the clear sleeve on the ballot envelope used for including the photo ID documentation, but the return envelope is sealed. Immediately upon opening the return envelope and noticing this situation, staff should re-seal the return envelope with a notation of “sealed in return envelope.” The county board should open the return envelope and address that ballot at its next absentee meeting.9 6 Ballots must be “sealed in the container-return envelope.” G.S. § 163-230.1(d); see also G.S. § 163-231(a)(3). 7 G.S. § 163-231(a)(3). 8 In this situation, for the purposes of staff's initial review of photo ID documentation pursuant to 08 NCAC 17 .0109(b), the ballot application is not “received” until the return envelope is opened at the absentee meeting. 9 In this situation, for the purposes of staff's initial review of photo ID documentation pursuant to 08 NCAC 17 .0109(b), the ballot application is not “received” until the return envelope is opened at the absentee meeting. 4 • Ballot is received in a return envelope that is not sealed or appears to have been opened and re-sealed, but the ballot is inside the executed ballot envelope that is sealed. This situation does not require any special action to document the anomaly before presenting the ballot envelope to the county board. • Ballot is inside the executed ballot envelope, which is not sealed, and the voter hand delivers the ballot envelope to an early voting site or the county board office. Before taking receipt of the envelope, staff should request that the voter first seal the ballot envelope. In all of the above situations, the ballot was received in a sealed envelope and is therefore not deficient.10 A person hand-delivering the absentee ballot, whether it is the voter or someone authorized to return the voter’s ballot, is not required to deliver the ballot envelope inside the return envelope for the absentee application to be approved. The return envelope is designed to protect the voter’s confidential identifying information during mail transit. If the person hand-delivers only the sealed ballot envelope, staff should follow their usual storage practices and keep the ballot envelope in a secure location, which may include placing the ballot envelope in a new return envelope for storage purposes. 2. Ballot Application Deficiencies The ballot application is the form on the ballot envelope that is completed by the voter, their witnesses or notary, and assistant (if applicable).11 Ballot application deficiencies fall into two main categories: those that can be cured with a certification by the voter, and those that cannot be cured. If a deficiency cannot be cured, the ballot must be spoiled and a new ballot must be issued, as long as the new ballot is issued before Election Day. See the Voter Notification Section below. Deficiencies Curable with Cure Certification (Civilian and UOCAVA) The following deficiencies can be cured by sending the voter a cure certification: • Voter did not sign the Voter Certification. • Voter signed in the wrong place. The cure certification process applies to civilian and UOCAVA voters. 10 G.S. §§ 163-230.1(d), 163-231(a)(3). 11 G.S. § 163-229(b). 5 Deficiencies that Require the Ballot to Be Spoiled (Civilian) The following deficiencies cannot be cured by certification, because the missing information comes from someone other than the voter: • The name of the witness or assistant is not printed,12 unless the witness’s or assistant’s signature is legible such that the name can be determined, in which case the ballot envelope is not deficient and the ballot shall not be spoiled for this reason. • A witness or assistant did not print their address.13 • A witness or assistant did not sign. • A witness or assistant signed on the wrong line. Where the witness or assistant signed in place of the voter’s signature, that deficiency cannot be cured and requires the ballot to be spoiled. Otherwise, however, if all required information from the witness or assistant is present but not on the designated line for each (for example, the witness or assistant printed their name on the address line, printed their address on the name line, and signed), the ballot envelope is not deficient and the ballot shall not be spoiled for this reason. Additionally, when a voter’s witness is a notary, two errors in the notarial certificate cannot be cured by certification and will result in the ballot being spoiled: 1) the notary’s signature is missing, or 2) the notarial seal is missing altogether or contains missing information. As discussed in Numbered Memo 2021-07, other technical errors with the notarial certificate will not affect the sufficiency, validity, or enforceability of the notarial certificate itself or the underlying document and are not considered deficiencies. 12 If the printed name is readable and on the correct line, even if it is written in cursive script, for example, it does not invalidate the ballot envelope. 13 Failure to list a witness’s ZIP code does not invalidate the ballot envelope. G.S. § 163- 231(a)(5). A witness’s or assistant’s address does not have to be a residential address; it may be a post office box or other mailing address. Additionally, if the address is missing a city or state, but the county board of elections can determine the correct address, the failure to list that information does not invalidate the ballot envelope. For example, if a witness lists “Raleigh 27603,” you can determine the state is NC, or if a witness lists “333 North Main Street, 27701,” you can determine that the city/state is Durham, NC. If both the city and ZIP code are missing, staff will need to determine whether the correct address can be identified. If the correct address cannot be identified, the envelope shall be considered deficient and the ballot spoiled and a new ballot reissued. See Numbered Memo 2020-29 for additional information regarding address issues. 6 3. Photo ID Documentation Deficiencies When a voter includes photo ID documentation with their absentee ballot envelope, there may be deficiencies in that documentation that require a cure notice to be sent to the voter. All deficiencies with a voter’s photo ID documentation are curable, because the cure documentation comes from the voter. Photocopy of Photo ID Deficiencies Deficiencies in a photocopy of a voter’s photo ID include: • The ID is not a type of ID that is acceptable for voting purposes under 08 NCAC 17 .0101(a)(1). • The ID does not meet expiration requirements, if applicable. • The photocopy is not readable, which means that the name on the ID cannot be read, the photograph on the ID does not depict a person (e.g., it only depicts a shadow or outline of a person), or both. • The name on the ID is not the same as or substantially equivalent to the voter’s name in their voter record. Any difference between the voter’s address on their ID and the address in their registration record is not a deficiency. Photo ID Exception Form Deficiencies Deficiencies in a Photo ID Exception Form include: • The voter did not print their name on the Form, unless the voter’s signature on the Form appears to be made by the voter, meaning the signature on the Form appears to be the name of the voter and not some other person. The county board shall presume that the voter’s signature is that of the voter, even if the signature is illegible, unless there is clear evidence to rebut this presumption. • The voter did not check a box for at least one claimed exception from the photo ID requirements, or if the exception is a reasonable impediment, the voter failed to identify their specific reasonable impediment (including by writing their reason if they chose “Other”14). 14 If the voter writes a reason for “Other” but does not check the “Other” box, the Form is not deficient for that reason alone. 7 • If the reasonable impediment chosen is that the voter is unable to make a photocopy of their ID to include with their ballot, the voter did not include their North Carolina driver’s license number, DMV ID number, or last 4 digits of their social security number.15 • The voter did not sign the Form.16 Additionally, a voter’s failure to include any photo ID documentation—either a photocopy of their ID or an Exception Form—is a deficiency that may be cured. A voter may respond to a notification that their ballot is missing photo ID documentation by stating that it is in the ballot envelope. If this occurs, staff must defer the review of the photo ID documentation to the next absentee board meeting, when the county board can review the application and, if approved, open the ballot envelope and confirm photo ID compliance.17 If the board identifies a photo ID deficiency at that point, staff should be instructed to notify the voter of the opportunity to cure as explained further in this memo. Although a county board’s finding that a Photo ID Exception Form is false will result in the absentee ballot being rejected, this is not a “deficiency” in the same sense as the ones listed above. Staff deficiency review of Photo ID Exception Forms is for completeness—not falsity. A board’s finding of falsity can only come after the board considers other information and gives the voter notice and an opportunity to be heard on the matter. See Numbered Memo 2020-25, p 8 (“Review of Photo ID Exception Forms”). 4. Deficiencies that require board action Some deficiencies cannot be resolved by staff and require action by the county board. These include situations where the deficiency is first noticed at a board meeting or if it becomes apparent during a board meeting that no ballot is in the ballot envelope, more than one ballot is in the ballot envelope, or two voters’ ballots and ballot envelopes were switched. If the county board disapproves a ballot envelope by majority vote in a board meeting, it shall proceed according to the notification process outlined below. If the county board disapproves a ballot for 15 G.S. § 163-230.1(g)(2). 16 If a voter is unable to sign the Photo ID Exception Form due to a disability, the person of the voter’s choice who is assisting them can sign the Form on the voter’s behalf and must complete the assistant certification on the envelope. See Numbered Memo 2022-11, p. 3 (Court Order Regarding Assistance for Absentee Voters with Disabilities). 17 This does not prevent the voter from also choosing to send photo ID cure documentation to the county board while its review of the application is pending, and staff may encourage the voter to do so when time is of the essence. 8 a reason based on the voter’s photo ID documentation, it shall proceed according to the notification process in 08 NCAC 17 .0109 and as outlined below. Voter Notification Issuance of an Absentee Ballot Deficiency Notification or New Ballot If there are any return deficiencies or ballot application deficiencies, the county board of elections shall contact the voter in writing within one business day of identifying the deficiency to inform the voter there is an issue with their absentee ballot, enclosing an absentee ballot deficiency notification, which contains the cure certification, or a new ballot. The written notice shall also include information on how to vote in-person during the early voting period and on Election Day. When the voter is issued a new ballot, they must include new photo ID documentation with their ballot when transmitting it back to the county board, because each absentee ballot envelope “returned to the county board . . . shall be accompanied by” a photocopy of the voter’s photo ID or Photo ID Exception Form.18 The written notice shall be sent to the address to which the voter requested their ballot be sent. The outside of the envelope containing the new ballot or absentee ballot deficiency notification should be in an official envelope so that it indicates that it contains official election mail, unless it is not possible due to the use of a specialized USPS or commercial carrier service envelope. If the deficiency can be cured and the voter has an email address on file, the county board shall also send the absentee ballot deficiency notification to the voter by email. If the county board sends the notification by email and by mail, the county board should encourage the voter to only return one of the notifications with the certification. If the voter did not provide an email address but did provide a phone number, the county board shall contact the voter by phone to inform the voter that the county board has mailed the voter an absentee ballot deficiency notification. If the deficiency cannot be cured, and the voter has an email address on file, the county board shall notify the voter by email that a new ballot has been issued by mail to the voter. If the voter did not provide an email address but did provide a phone number, the county board shall contact the voter by phone to inform the voter that the county board has issued a new ballot by mail. A county board shall not reissue a ballot on or after Election Day. If there is a curable deficiency, the county board shall contact voters up until the day before county canvass. If there is a photo ID documentation deficiency, the county board must follow the cure process in 08 NCAC 17 .0109(b). The county board must contact the voter in writing within one business day of identifying the deficiency to inform the voter there is an issue with their absentee ballot, 18 N.C.G.S. § 163-230.1(f1). 9 enclosing an absentee ballot deficiency notification that identifies the specific deficiencies with the photo ID documentation. The notification must also inform the voter that the voter, the voter’s verifiable legal guardian or near relative, or a person of the voter’s choice if the voter needs assistance due to the voter’s disability, may provide the photo ID cure documentation to the county board. Staff must additionally notify the voter by telephone or email, using any telephone number or email address contained in the voter’s registration record or provided by the voter when requesting an absentee ballot. The photo ID cure documentation can be either a new photocopy of the voter’s photo ID or a new Absentee Photo ID Exception Form. A voter who submitted a deficient photocopy of their photo ID may also submit a Photo ID Exception Form for the first time. A voter may choose to do so because, in this instance, it is now likely that they are unable to make a photocopy of their ID to include with their ballot. Likewise, a voter who submitted a deficient Photo ID Exception Form may also submit a photocopy of a photo ID for the first time. A voter may choose to do so because they may have obtained a photo ID, or the means to make a photocopy, since the time at which they transmitted their absentee ballot to the county board. Accordingly, when sending an absentee ballot deficiency notification for a photo ID documentation deficiency, the county board must include a blank Absentee Photo ID Exception Form. Receipt of a Cure Certification or Photo ID Cure Documentation The cure certification or photo ID cure documentation must be received by the county board of elections by 5 p.m. the day before county canvass. The cure documents may only be returned by the voter, the voter’s near relative or legal guardian, a multipartisan assistance team (MAT), or a person of the voter’s choice if the voter needs assistance due to the voter’s disability.19 A cure document returned by any other person is invalid. The cure documents may be submitted to the county board office by email, by mail or commercial carrier, in person, or by fax. There is not a postmark requirement for cure documents returned by mail – the documents must be received by the deadline, not postmarked by the deadline. If a voter appears in person at the county board office, they may also be given, and can complete, a cure certification. Similarly, a voter may appear in person and complete a Photo ID Exception 19 Voters who require assistance in returning their ballot due to the voter’s disability, can direct the person of their choice to return the ballot according to the voter’s instruction (i.e., by mail or in person to the county board). See Numbered Memo 2022-11. 10 Form to accompany the ballot envelope20, or request that staff make a photocopy of the voter’s photo ID to accompany the ballot envelope.21 It is not permissible for a cure certification to be submitted through a portal or form created or maintained by a third party. A cure certification may not be submitted simultaneously with the ballot. Any person who is permitted to assist a voter with their ballot may assist a voter in filling out the cure certification, making a photocopy of the voter’s photo ID, or filling out the Photo ID Exception Form, but the certification and Photo ID Exception Form must be signed by the voter.22 A wet ink signature is not required for cure documents, but the signature used must be unique to the individual. A typed signature is not acceptable, even if it is cursive or italics such as is commonly seen with an electronic signature program, such as DocuSign. County Board Review of Cure Documentation At each absentee board meeting, the county board of elections may consider deficient ballot return envelopes for which cure documentation has been returned, whether a cure certification or photo ID documentation. The county board shall consider together the executed absentee ballot envelope and the cure documentation. If the cure documentation was timely received, includes the required documentation or attestations, and was returned by an authorized person, the county board of elections shall approve the absentee ballot. See Numbered Memo 2020-25. 20 The option to complete a Photo ID Exception Form in the county board office is only available for voters who are voting absentee-by-mail. Voters who vote in person at an early voting site or on Election Day must complete the Photo ID Exception Form at the voting site. See Numbered Memo 2023-03. 21 See Numbered Memo 2020-23 regarding staff making photocopies of photo IDs for inclusion with an absentee ballot envelope. 22 If a voter is physically unable to sign or make their mark on the Photo ID Exception Form due to disability, any person of that voter’s choice can write in the signature line, “Disabled - cannot sign.” See Numbered Memo 2022-11. Mailing Address: P.O. Box 27255 Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135 Numbered Memo 2020-25 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Absentee Board Meetings DATE: September 22, 2020 (updated September 23, 2020, and September 18, 2023) This numbered memo addresses the requirements and procedures for conducting absentee ballot meetings, as set forth in state law. It also addresses questions that are commonly asked in connection with absentee meetings or the review and custody of absentee ballots. Legal Requirements for Absentee Meetings General Requirements Beginning every Tuesday on the fifth Tuesday before Election Day, county boards of elections must hold a public meeting at 5:00 p.m. to review and act upon absentee ballots.1 The county board of elections may change the time of these meetings (to an earlier or later time) and may provide for additional meetings. However, absentee meetings may not be held prior to the fifth Tuesday before Election Day. Any meetings that are held at a different time on Tuesdays and any additional meetings must be noticed in a county newspaper at least 30 days prior to the election. You must also send notice of absentee meetings to your regular notice list, including to the county political parties. At each absentee board meeting, the board must act upon all absentee container-return envelopes received prior to that meeting and after the previous absentee meeting.2 An absentee meeting must be held if there are any absentee ballots (absentee by mail or one-stop early voting ballots) for the board to review. Absentee meetings should only be cancelled if the board has not 1 G.S. §163-230.1(f). 2 See G.S. § 163-230.1(e): “At its next official meeting after return of the completed container- return envelope with the voter’s ballots, the county board of elections shall determine whether the container-return envelope has been properly executed.” (Emphasis added.) 2 received any absentee container-return envelopes since the last absentee meeting.3 If you anticipate a high volume of absentee ballots returned, it is strongly recommended that your board schedule additional absentee board meetings and/or begin meetings earlier than 5:00 p.m. A county board may recess an absentee board meeting to a date and time certain if it is not possible to complete review of absentee ballots during the specified meeting period. The notice should be sent as soon as possible but it is not required to be sent 48 hours in advance of the reconvened meeting if that is not possible based on when the meeting was recessed from. To determine how many additional absentee meetings you need to schedule, consider how many absentee ballot requests your county has received to date, how many total requests your county received for a similar election in the past, and estimate how many requests you anticipate based on the county’s current rate of requests. For example, if your county received 6,000 requests in November 2016 and you anticipate a 50% increase for the November 2024 election, that would be 9,000 requests total. If you have six absentee board meetings and everyone who requested a ballot returned one, your board would need to consider approximately 1,500 ballots per meeting. If your board scheduled ten absentee meetings, your board would consider around 900 ballots per meeting. County Board Member Attendance Absentee board meetings require a quorum of members present. A quorum is three members.4 If at all possible, at least one member from each political party should be represented at each absentee meeting when the board is approving absentee applications. Because board members must be able to view absentee envelopes in order to approve or disapprove the ballot, a quorum of board members must be physically present during each absentee board meeting. Once a quorum is physically present, remaining board members may attend the meetings via live video feed, but they must have a secure way to view the meeting and to participate. They must be able to view all materials that board members are reviewing to make decisions on the absentee envelopes. 3 See G.S. § 163-230.1(f), entitled “Required Meeting of County Board of Elections”: “During the period commencing on the fifth Tuesday before an election . . . the county board of elections shall hold one or more public meetings each Tuesday at 5:00 p.m. for the purpose of action on applications for absentee ballots.” (Emphasis added.) 4 G.S. § 163-31(d): “A majority of the members shall constitute a quorum for the transaction of board business.” 3 A majority of board members present at a meeting must vote for an action for it to pass. Public Attendance Absentee board meetings are public meetings and are subject to North Carolina’s open meetings laws. For absentee meetings, it is recommended that the county board locate a meeting room large enough to accommodate members of the public. If it is not possible to procure a sufficiently large space for those who may want to attend in person, the county board of elections should consider broadcasting the absentee board meetings via video feed using a service such as WebEx or Microsoft Teams. The public in attendance must be able to see and hear the proceedings without compromising the secrecy of any voter’s ballot. Staff must ensure that the public cannot view any voted ballots or other confidential information, such as a photocopy of a voter’s photo ID included with their ballot or a ballot identifier number (CIV, MIL, etc.), either in person or on a video feed. County board members and staff must be particularly mindful of ballot secrecy when duplicating ballots and inserting ballots into the tabulator. The public is not permitted to disrupt the process of adjudicating the validity of absentee applications by the board and is not part of the deliberation process during absentee board meetings. The decision of the county board of elections as to the validity of an envelope is final and is not subject to public comment, objection, or review.5 Confidentiality of Absentee Register G.S. § 163-228 requires county boards of elections to keep a register of absentee ballot requests that includes information about the request, the address to which the ballot should be sent, the date of the request, the voter’s precinct, and other information. The absentee request register is confidential and not a public record until Election Day.6 County boards of elections are not permitted to release copies of absentee request forms or identifying information that could be used to determine that a voter requested an absentee ballot. 5 G.S. § 163-230.1(f): “At these meetings, the county board of elections shall pass upon applications for absentee ballots. . . . The decision of the board on the validity of an application for absentee ballots shall be final subject only to such review as may be necessary in the event of an election contest.” 6 G.S. § 163-228(c). 4 Absentee request data is no longer confidential when the ballot is returned to the county board of elections office.7 Therefore, names of absentee voters may be read aloud during the absentee board meetings, as the ballot has been returned to the county board office at that point. If, however, a ballot has been delivered but there is a deficiency requiring the ballot to be spoiled and reissued, that voter’s name cannot be read aloud or otherwise disclosed, because that voter’s ballot is still outstanding. Reading from lists of voters who have requested absentee ballots or otherwise releasing the names of voters with outstanding requests is prohibited until the ballot is returned or until Election Day. It is a Class G felony for a person to “steal[], release[], or possess[] the official register of absentee requests for mail-in absentee ballots as provided in G.S. 163-228 prior to the opening of the voting place.”8 This does not apply to a ballot that has been received by the county board and is in a pending cure status, because at that point the ballot has been returned and it is only the cure certification for the voter’s signature deficiency or the voter’s photo ID cure documentation that must be submitted for the absentee application to be complete. Confidentiality of Copies of Photo ID and Information on a Photo ID Exception Form The photocopy of a voter’s photo ID is confidential and not a public record subject to disclosure.9 This means that the photocopy of the photo ID cannot be redacted and disclosed, because the entire photocopy is a confidential record under the law. The public is not permitted to view or receive copies of a voter’s copy of their photo ID submitted with their absentee ballot. A Photo ID Exception Form is a public record. However, the Form is likely to contain confidential information that must be redacted, when submitted with an absentee ballot. The most common reason for submitting a Photo ID Exception Form with an absentee ballot is likely to be that the voter is unable to make a photocopy of their ID to include with their ballot, which is a “reasonable impediment” specifically identified in the law.10 When choosing this option, the voter is required to write on the Form their North Carolina driver’s license number, DMV ID 7 See G.S. § 163-233(b), which makes the list of absentee applications received by the county board a public record. 8 G.S. § 163-237(d6). 9 G.S. §§ 163-82.10(a1) and 163-233(a). 10 G.S. § 163-230.1(g)(2). 5 number, or last 4 digits of their social security number.11 The public is not permitted to view this confidential information during an absentee meeting.12 Procedures for Review of Absentee Ballot Materials At each absentee board meeting, the county board of elections will review each absentee ballot container-return envelope (ballot envelope) to determine whether it has been properly executed and is accompanied by either a photocopy of the voter’s photo ID or a completed Photo ID Exception Form (photo ID documentation), and if so, to approve the application and ballot.13 Given the volume of absentee ballots the county board is required to review and act upon at each meeting, certain preparatory work should be performed by staff in advance, and the board should consider ways to streamline the process. Delegation of Preparatory Work The county board of elections has the authority to delegate to its director “so much of the administrative detail of the election functions, duties, and work of the board, its officers and members, as is now, or may hereafter be vested in the board or its members as the county board of elections may see fit.”14 However, the board may not delegate to a director or other staff any of its quasi-judicial or policymaking duties and authority. Based on the volume of absentee ballots a county board anticipates receiving, the county board should determine which preparatory tasks staff can complete prior to absentee board meetings. A delegation of administrative duties by the board to the director or staff should occur by majority vote. The delegation may be by resolution or the approved motion should be documented in the minutes. It should delegate specific preparatory steps that staff can perform prior to absentee board meetings, and the delegation must provide for oversight by the board. Preparatory steps include: • Inspecting ballot envelopes and return envelopes for deficiencies and contacting voters as required by Numbered Memo 2021-03. Please note that voters must be contacted within one business day of when staff identify the deficiency. It is not permissible to wait for the absentee board meeting to contact the voter about a deficiency. 11 G.S. § 163-230.1(g)(2). 12 Similarly, in the rare situation when a voter writes confidential information in the “Other” line on the Photo ID Exception Form, the county board would need to redact that information too. 13 G.S. § 163-230.1(e), (f), and (f1). 14 G.S. § 163-35(d). 6 • Sorting ballot envelopes with accompanying photo ID documentation into categories for the board to review and take action (e.g., approve or reject). • Verifying the list of ballot envelopes against the absentee pollbook. • Performing ballot duplication with a bipartisan team. A delegation of administrative duties to the director or staff does not need to include a preliminary review of photo ID documentation for deficiencies because this has already been tasked to staff by an administrative rule adopted by the State Board.15 Staff Review of Envelopes Upon receipt of an absentee ballot at the county board office, staff must review the materials accompanying the ballot—the photo ID documentation and the ballot envelope/application—to ensure there are no deficiencies. First, staff must confirm that the voter has included the necessary photo ID documentation and, if so, review that documentation to ensure that it meets the requirements of the administrative code provisions governing the approval of photo ID for absentee ballots, 08 NCAC 17 .0109(a) & (b). If the voter has included a photocopy of their photo ID, then staff should make an initial determination that: • The ID is a type of ID that is acceptable for voting purposes; • The ID meets any applicable expiration requirements; • The name on the ID can be read; • The photograph on the ID depicts a person (not a shadow or outline of a person); and • The name on the ID is the same as or substantially equivalent to the voter’s name in their voter record. If the voter has included a Photo ID Exception Form, then staff should make an initial determination that the voter has: • printed their name; • checked the box for at least one claimed exception from the photo ID requirements; and • signed the Form.16 15 08 NCAC 17 .0109(b). 16 If a voter is unable to sign the Photo ID Exception Form due to a disability, the person of the voter’s choice who is assisting them can sign the Form on the voter’s behalf and must complete the assistant certification on the envelope. See Numbered Memo 2022-11, p. 3 (Court Order Regarding Assistance for Absentee Voters with Disabilities). 7 If any deficiency exists with either a photocopy of the voter’s photo ID or a voter’s Photo ID Exception Form, staff must follow the photo ID cure process in 08 NCAC 17 .0109(b) and as described in Numbered Memo 2021-03. Second, staff must inspect the absentee ballot envelope to make an initial determination as to whether the envelope was properly executed, and if there is a deficiency with the envelope, whether that deficiency can be cured by the voter. If a voter signature deficiency exists, staff must follow the cure process in Numbered Memo 2021-03. Third, staff should perform an initial sort of ballot envelopes into categories upon initial review and to present those recommendations to the board at each absentee board meeting. Those categories may include designations for recommended approval, recommended disapproval, envelopes awaiting a cure certification or photo ID cure documentation, and those that staff have questions about that require deliberation by the board. The delegation may also require staff to prepare a report to the board indicating the number of ballot envelopes in each category for reconciliation purposes. Board Review of Envelopes The board may, by majority vote, accept staff’s recommendation for absentee ballot envelopes that staff have reviewed and recommended for approval. The delegation must include a process for the board to spot-check the envelopes and photo ID documentation to ensure accuracy and consistency. However, the board must individually review all ballot envelopes that: (1) have been recommended for disapproval by staff, (2) have a cure certification associated with that ballot envelope, or (3) where staff need further guidance from the board as to whether the envelope was properly executed or the photo ID documentation meets all legal requirements. It is also permissible for bipartisan teams of board members to pair off to review absentee ballot envelopes during each meeting, if the board votes to allow this. Whether the county board delegates the initial review of absentee envelopes to staff or chooses to have a bipartisan team of board members review envelopes during the meeting, all board members present at the meeting must approve or disapprove the ballots. A decision as to whether an envelope is properly executed and whether the photo ID documentation meets all requirements must be decided by a vote of the board as a whole and not by individual members.17 A board’s decision to disapprove a ballot based on a finding that a voter’s Photo ID 17 G.S. § 163-230.1(f) (“The county board of elections shall constitute the proper official body to pass upon the validity of all applications for absentee ballots received in the county; this function shall not be performed by the chairman or any other member of the board individually.”); see also 08 NCAC 17 .0109(c) (“Final Review by County Board”). 8 Exception Form is false can only be made by unanimous decision of all members of the board participating in the vote, and that decision must be in writing.18 A decision to disapprove a ballot for any other reason, or to approve the ballot, is by majority vote. Review of Photo ID Exception Forms The board must also individually review all completed Photo ID Exception Forms where staff has indicated that available information may lead the board to conclude that the Form is false. When staff has given this indication to the board, or if a board member raises a question as to the falsity of the Form after staff review, the voter must be given notice and an opportunity to be heard on the information that will be considered by the board, unless one or more board members disagree that there are grounds to believe the affidavit is false (in which case there is no need to notify the voter, since a finding of falsity on the Form must be unanimous).19 If the board is considering a finding of falsity, the board’s review of the envelope should remain in a pending status until the absentee meeting at which the voter has the opportunity to be heard, and the board can only make a final decision on the approval or disapproval of the envelope after the voter has that opportunity to be heard regarding their Form. Numbered Memo 2023-03 contains guidance as to what may be considered by a county board when reviewing a voter’s Photo ID Exception Form. Review of Photo ID Photocopies If the board reviews a photocopy of a voter’s photo ID that staff have identified as being acceptable, but unanimously determines that the photocopy of ID does not meet all legal requirements, staff are required to notify the voter.20 If this determination is made at an absentee meeting prior to the county canvass, the board’s review of the envelope should remain in a pending status until the county canvass, because in this instance the voter can still submit a new photocopy of their photo ID, or a Photo ID Exception Form if they are unable to submit a photocopy of their photo ID. Review of Deficient Photo ID Documentation that Is Uncured If staff has indicated that a voter’s photocopy of their photo ID or Photo ID Exception Form is deficient, and the photo ID documentation remains uncured, the board must reserve its final decision on the approval of the envelope until the county canvass and, when doing so, must individually review the photo ID documentation that has not been cured.21 An uncured 18 08 NCAC 17 .0109(c)(2). 19 08 NCAC 17 .0109(c). 20 08 NCAC 17 .0109(c)(1). 21 08 NCAC 17 .0109(c)(3). 9 deficiency with the photo ID documentation does not prevent the board from making a preliminary determination on the envelope when staff has indicated further guidance is needed as to a potential deficiency, so that any envelope-related deficiencies can also be identified and the voter notified. Formalizing Approval of Envelopes After absentee envelopes and accompanying photo ID documentation are approved by the board, the task of stamping every envelope with “Approved” and stamping or otherwise affixing the chair’s signature or initials to the ballot envelopes may be delegated to staff. Alternatively, the board’s delegation may authorize the board to sign a cover sheet containing a list of envelopes that were acted upon during the meeting and indicating whether those envelopes were approved or disapproved in lieu of signing the individual envelopes. The delegation may also apply to review and approval of one-stop absentee applications. Scanning Absentee Ballots at Absentee Board Meetings It is important to distinguish between scanning and tabulating approved ballots, because the law permits each task to occur at different times. “Scanning” is a preparatory step that occurs when the approved absentee ballots are opened, removed from the envelope, and inserted into the tabulator. The tabulator reads the ballots but does not print the totals at that time, and no election returns are released. “Tabulating” or “counting” occurs on Election Day and involves closing the polls on a tabulator and printing tabulated results from ballots that have been previously scanned. A county board of elections may, by majority vote, decide to scan absentee ballots during each absentee meeting.22 If a county board anticipates a large volume of absentee ballots, it is strongly recommended that the board authorize the scanning of approved ballots during absentee board meetings instead of waiting until Election Day. The scanning cannot begin until a majority of the board members and at least one board member of each political party is in attendance. If a board member of each political party is not available, the chair or other member of the executive committee of the county political party of the absent member must be present. The political party representative shall act as an official witness to the scanning and shall sign the absentee ballot abstract as an “observer.”23 Staff may enter the approved ballots into the tabulator, but each board member present is responsible for and must observe and supervise the opening of the envelopes and scanning of the 22 G.S. § 163-234(3). 23 G.S. § 163-234(9). 10 ballots.24 It is not permissible for approved ballot envelopes to be opened, for ballots to be removed from the envelope, or for ballots to be inserted into the tabulator outside of a board meeting. These tasks cannot be delegated to staff to complete outside of a board meeting. If the board chooses to scan approved ballots during absentee meetings, it should consider ways to make the process as efficient and streamlined as possible. For example, the board could approve staff-recommended ballots first, then direct the staff to open those envelopes and enter the ballots into the tabulator while the board reviews the envelopes that require further consideration and those that staff have recommended be disapproved. Scanning of ballots must be performed during a board meeting, and if scanning occurs before Election Day, ballots must be scanned at the same meeting during which they were approved.25 The number of approved absentee ballots must be reconciled with the number of ballots inserted into the tabulator. Reconciliation should be completed at each board meeting. If it is not possible to scan all approved ballots at that meeting, the board may recess the scanning to a time and date certain, which could be the next absentee board meeting. The county board should send out the notice as soon as possible but it is not required to be sent 48 hours in advance of the reconvened meeting. Ballots should be processed in groups, so that ballots from all opened ballot envelopes are processed in the same meeting. Election Day Meeting County boards are strongly encouraged to begin counting ballots at 2 p.m. rather than 5 p.m. on Election Day to avoid a delay in absentee results being released on election night.26 County boards may begin counting UOCAVA ballots beginning at 9 a.m. on Election Day. To begin counting ballots prior to 5 p.m., a county board must adopt a resolution at least two weeks prior to the election stating the hour and place of the counting of absentee ballots. The 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 G.S. 163-231(b)(ii) or (iii) as provided in subdivision (11) of G.S. § 163-234. A copy of the resolutions shall be published 24 G.S. § 163-234(5). 25 G.S. § 163-234(3): “Notwithstanding the provisions of subdivision (2) of this section, a county board of elections may, at each meeting at which it approves absentee ballot applications pursuant to G.S. 163-230.1(c) and (c1), remove those ballots from their envelopes and have them read by an optical scanning machine, without printing the totals on the scanner.” (Emphasis added). 26 G.S. § 163-234(2). 11 once a week for two weeks prior to the election, in a newspaper having general circulation in the county. Notice may additionally be made on a radio or television station or both, but such notice shall be in addition to the newspaper and other required notice. At its meeting on Election Day, county boards must count all absentee ballots that have come in prior to 5 p.m. on the day before Election Day. No absentee ballot counting results may be released until after the polls close. Ballot Duplication UOCAVA ballots and ballots that have been damaged or otherwise cannot be read by the tabulator must be duplicated in order to be scanned by the machine and to avoid having to manually enter the voter’s selections into the reporting software. County boards may adopt a policy to authorize a bipartisan team of staff members or poll workers to duplicate ballots outside of an absentee board meeting. The policy must include the following: • Each bipartisan duplication team must consist of at least three staff members, with no more than two members being of the same political affiliation. It is a best practice to have at least four members, two of each political party, to ensure accuracy. • The director must supervise and train all members of the duplication team and assign the following roles: o Ballot Caller – Announces the voter’s selections listed on the original ballot to the Ballot Duplicator and Ballot Reviewer. o Ballot Duplicator – Replicates the voter’s selections from the original ballot onto the machine-readable ballot as instructed by the Ballot Caller. o Ballot Reviewer – Reviews the Ballot Caller’s readings from the original ballot and compares it to the selections recorded on the machine-readable ballot by the Ballot Duplicator to ensure accuracy. It is a best practice to have two ballot reviewers, one who will review the selection announced by the Ballot Caller and one who will review the selection made by the Ballot Duplicator. • Prior to the start of the ballot duplication process, each member of the bipartisan duplication team must complete a participation log noting the date, time, and their name, role, and party affiliation. • During the ballot duplication process, the duplication team is not permitted to leave each other’s immediate presence until the process has been completed, unless authorized by the director. • All duplicated ballots must contain the following in the blank box at the top of each ballot: o A notation (for example, “DUP”) to indicate the ballot is a duplicate of the original. o The ballot number assigned to the voter. o The precinct of the voter. 12 • Upon completion of the process, the team must do the following: o Ensure that the duplicated ballots are attached to the corresponding original ballots for the Board to verify at its next scheduled meeting. o Enter the time of completion and their signatures to the ballot duplication log. o Provide the completed duplication log and the ballots to the director. • The director must ensure that the ballots are kept in a secured container until the next absentee board meeting. • The board must review each duplicated ballot at its next scheduled board meeting prior to approval of the ballots. It is a best practice to have a duplication team present at every meeting to duplicate any damaged ballots that are identified during the board meeting. Duplicating ballots at the board meeting when the ballot envelope was approved reduces the likelihood of mistakes. Control of Board Meeting The county board of elections is responsible for maintaining control at its absentee board meetings. The county board must ensure that the public receives proper notice of the board meeting and is given the opportunity to attend. However, because state law vests members of the county board with the duty to approve absentee ballots and the board’s decision is final, the county board should not permit public comment while absentee envelopes and the accompanying photo ID documentation are being adjudicated, or while ballots are being duplicated, sorted, or tabulated. The board also should not permit questions from the public as the board approves absentee envelopes and photo ID documentation, to avoid disruption of proceedings which must be carefully managed, the potential for outside influence of the board’s decisions, and the potential for nonuniform review of ballots. G.S. 163-234 is very clear that others shall be permitted to attend the meeting during which absentee ballots are counted and observe the process, but may not interfere with the election officials in the discharge of their duties.27 It is recommended that the board chair explain the process at the beginning of the board meeting and state that public comment is not permitted during the approval and scanning of absentee ballots. The board may, but is not required to, designate a separate part of the meeting for public comment. At the end of each board meeting, the goal is total reconciliation of all envelopes, photo ID documentation, and ballots. To do that requires careful control of every document in the room. It 27 G.S. § 163-234(2): “Any elector of the county shall be permitted to attend the meeting and allowed to observe the counting process, provided the elector shall not in any manner interfere with the election officials in the discharge of their duties.” 13 also requires ensuring that the board members focus on the task at hand and that the public remains in an observer rather than a participant role. Envelopes, photo ID documentation, and ballots must not be allowed to be removed from assigned areas. A voter’s photo ID documentation must also be retained with the voter’s corresponding envelope. The reconciliation process shall ensure the number of ballot envelopes in each stack is tracked, and that the number of envelopes approved at the meeting is equal the number of ballots entered into the tabulator. The county board shall record the count on the tabulator at the start and end of each absentee meeting. A sample reconciliation log that you may use for process is available here. Public Records Requests for Envelopes Some county boards may have received public records requests for absentee ballot return envelopes. Ballot return envelopes are public records under North Carolina’s Public Records Act, with exceptions for voter signatures and CIV number.28 Public records requests should not be fulfilled during a board meeting, but must be fulfilled as promptly as possible. Photo ID photocopies and Photo ID Exception Forms are technically separate documents from absentee ballot envelopes, so each are addressed separately below, even though these are retained with the envelopes. Photo ID photocopies are confidential and should never be provided, and Photo ID Exception Forms may need to be redacted due to confidential information included on the forms.29 Providing Copies of Envelopes Prior to providing a copy of the envelope to the requestor, the voter signature and CIV number must be redacted, as the number links the envelope to a particular voter's ballot. Witness or assistant information may not be redacted. To redact the voter signature and CIV number, you may copy the envelope, mark through the confidential information on the copy, and then copy it again. Some counties have used removable tape or a cardboard or other thick paper cutout to cover the confidential information when making a copy. Digital copies may also be provided using a template redaction tool in a PDF editing program like Adobe. Viewing Envelopes Unredacted envelopes may be viewed by the public in your office, though no copy, photo, or tracing may be made. A county board must ensure that the requestor is monitored while 28 G.S. §§ 132-1.2(4), 163-82.10(a), 163-165.1(e). See also Numbered Memo 2016-25 and Numbered Memo 2022-01. 29 G.S. § 163-82.10(a1), 163-233(a). 14 reviewing the envelopes in the office to ensure the voter’s signature is not retained. Absentee ballot return envelopes contain an identifier that is linked to the ballot, so this identifier must also be redacted from public view to protect the secrecy of the ballot. Photo ID Documentation Photo ID documentation must be retained with the envelope because it is reviewed as part of the absentee application. For this reason, the photocopy of photo ID or Photo ID Exception Form must be retained for as long as the county retains that voter’s corresponding absentee envelope.30 As noted above, the photocopy of a voter’s photo ID is not a public record, and therefore a county board should not provide a copy of the photocopy of photo ID or allow viewing of the photocopy of photo ID in response to a public records request. The photocopy of photo ID must be retained with the voter’s corresponding envelope through at least the end of canvass and the certification of all elections in the county. After that time, for efficiency in responding to public records requests and to reduce the likelihood of a mistaken disclosure, a county board can separate the photocopy of photo ID from the corresponding envelopes and securely store them in a separate container—so long as the photocopies of photo ID are still stored in the same secure location as the envelopes. Unlike the photocopy of photo ID, a Photo ID Exception Form is a public record. If a public records request seeks copies or viewing of Photo ID Exception Forms, the county board will need to redact any confidential information from the Form before allowing the requestor to view the form or receive a copy. Finally, if allowing a requestor to review an envelope in person and the photo ID documentation has not been separated from the envelope, a county board should first separate the photocopies of photo ID from their respective envelopes and redact confidential information on Photo ID Exception Forms before allowing the public to review the envelopes. 30 This period is at least 22 months for primaries and elections involving a contest for federal office, 52 U.S.C. § 20701, and at least one year for primaries and elections not involving a contest for federal office, G.S. § 163-233(c). 1 Mailing Address: P.O. Box 27255, Raleigh, NC 27611 (919) 814-0700 or(866) 522-4723 Fax:(919) 715-0135 Numbered Memo 2022-15 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Postmark Requirement for Mailed Civilian Absentee Ballots DATE: November 7, 2022 The purpose of this numbered memo is to identify the different ways that a “postmark” may appear on an absentee ballot container-return envelope, to help guide the process of determining whether a civilian absentee ballot that is received after Election Day may be approved.1 Postmark Requirement Under N.C.G.S. § 163-231(b)(2)b, civilian absentee ballots that arrive at the county board office after Election Day are timely, if [t]he ballots . . . are postmarked and that postmark is dated on or before the day of the statewide primary or general election or county bond election and are received by the county board of elections not later than three days after the election by 5:00 p.m.2 The postmark requirement for civilian ballots received after Election Day is in place to ensure that votes transmitted by mail were cast on or before Election Day. (There is no postmark requirement for military or overseas citizen ballots.3) The United States Postal Service (USPS) utilizes different postmarks to signify the location and date the USPS accepted custody of a mailpiece, and to indicate that the postage on the mailpiece has been used. (Accordingly, applying a postmark is sometimes referred to as “cancelling” the 1 N.C.G.S. § 163-231(b)(2)b. 2 If the third day after Election Day is a holiday—as it is this year—the receipt deadline moves to the next business day, which is Monday, November 14 this year. See N.C.G.S. § 103-5(a). 3 N.C.G.S. § 163-258.12(b). Military-overseas (or UOCAVA) ballots that are mailed must be received by 5:00 p.m. the day before county canvass. N.C.G.S. § 163-258.12(a). 2 postage on a mailpiece.4) However, USPS does not always affix a postmark to a ballot return envelope 5 and sometimes postmarks are illegible. Nonetheless, under North Carolina law, a civilian absentee ballot that is received after Election Day and before the receipt deadline may be counted only if it contains a postmark and the county board can discern that the date on that postmark is Election Day or earlier. For illustrative purposes, Attachment A contains images showing the various types of postmarks that USPS may affix to postage on an envelope. This material was provided by the USPS counsel’s office. Please take note of the following: •All included postmark examples are valid. Every example, except for Item 12, is a machine-generated postmark, displaying in text the location and date of cancellation of postage. Item 12 shows a manually applied, or hand-stamped postmark. •Sometimes the postage on an envelope will include a date as well. That may also count as a valid postmark, but only in the examples of Items 4 and 7. In those examples, the postage is applied at a USPS retail counter and contains the date of receipt by USPS. So even if there is no separate machine-generated or hand-stamped postmark, the date appearing in one of these types of postage will still count as a valid postmark. On the other hand, the postage in Items 3 and 5 is not applied at a USPS retail counter but is instead applied by a business or other postal consumer, often using a private postage meter. Accordingly, the date in the postage in Items 3 and 5 cannot be used, by itself, as a postmark. You would need to have a traditional hand-stamped or machine-generated postmark, as well, for the ballot to count. Because the examples in Items 3 and 5 have both the postage and the machine-generated postmark, they are examples of acceptable postmarks. 4 See U.S. Postal Service, Handbook PO-408 – Area Mail Processing Guidelines, § 1-1.3 Postmarks, available at https://about.usps.com/handbooks/po408/ch1 003.htm. 5 See U.S. Postal Service, Office of Inspector General, Processing Readiness of Election and Political Mail During the 2020 General Elections Report Number 20-225-R20, 3 (“. . . we found that ballots are not always being postmarked as required and it is a challenge for the Postal Service to ensure full compli- ance. Some ballots did not receive a postmark due to: (1) envelopes sticking together when processed on a machine; (2) manual mail processing; or (3) personnel unaware that all return ballots, even those in pre- paid reply envelopes, need to receive a postmark.”). Item Postage Description Cancellation type Cancellation picture Application method 6 SSK Stamp Alternate Cancellation 8 PPI Alternate Cancellation 9 PERMIT Alternate Cancellation AFSM Flats Cancellation Mark Wavy bar 7 PVI (non-RSS) Alternate Cancellation (Note - the date on the PVI label is also a valid indication of USPS acceptance) 10 Alternate Postage / Picture permits Alternate Cancellation 11 12 Hand-Stamped Postmark Circular Date and Origin Manual Letter 4 RSS Alternate Cancellation (Note - the date on the RSS label is also a valid indication of USPS acceptance) 5 SSK Label Alternate Cancellation 2 Meter Marks without IBI Wavy bar 3 Meter Marks with IBI Alternate Cancellation Automated Letter MPE Automated Letter MPE Automated Letter MPE Automated Flats MPE Automated Letter MPE Automated Letter MPE Automated Letter MPE Automated Letter MPE Automated Letter MPE Automated Letter MPE For illustrative purposes only. Contains sample postage and postmarks. Wavy barStamps1 Automated Letter MPE ATTACHMENT A 1 Mailing Address: P.O. Box 27255, Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax:(919) 715-0135 Numbered Memo 2022-11 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Court Order Regarding Assistance for Absentee Voters with Disabilities DATE: August 29, 2022 On July 11, 2022, a federal court issued an order invalidating state laws preventing certain individuals from helping disabled voters request, complete, and submit absentee ballots.1 The court determined that these laws, as applied to disabled voters, violate federal law. Specifically, Section 208 of the Voting Rights Act permits any voter who is blind, disabled, or unable to read or write to request “assistance by a person of the voter’s choice, other than the voter’s employer or agent of that employer or officer or agent of the voter’s union.”2 This numbered memo provides guidance for county boards to comply with the court order. It supersedes Numbered Memo 2020-15 and any other prior memo to the extent they provide guidance regarding who may assist an absentee voter who needs assistance due to a disability. Assistance for Absentee Voters with Disabilities Voters who need assistance voting absentee by mail due to their disability may now receive assistance from any person they choose. This could be a friend, relative, or any other person the voter chooses to assist them. A candidate may not witness the ballot of a voter unless the candidate is the voter’s near relative.3 Voters in Covered Facilities A voter who needs assistance due to a disability and is a patient or resident in a covered facility may receive assistance from any person they choose. They may receive assistance from the staff 1 Disability Rights NC v. State Board of Elections, 5:21-CV-361-BO, Order on Motion for Summary Judgment (E.D.N.C. July 11, 2022). The specific laws that were invalidated with respect to assisting disabled voters are N.C.G.S. §§ 163-226.3, -230.1, -230.2, -230.3, and -231(b)(1). 2 52 U.S.C. § 10508. 3 However, a voter living in covered care facilities may receive assistance from a candidate if the voter needs assistance due to the voter’s disability. 2 of the hospital, clinic, nursing home, or rest home where they are a patient or resident. There is no requirement that the facility staff complete a log when they assist a voter, although the facility may choose to do so. Facility staff are not required to assist a voter if they do not wish to do so or are instructed not to do so by the facility. Facility staff may continue to rely on multipartisan assistance team (MAT) members to assist their residents, if that is the facility’s preference. Under the court’s order, a voter in a covered facility who needs assistance due to a disability may also receive assistance from an elected official, political party officeholder, or candidate. They may still request and use a MAT, but they are not required to do so. A voter who is a patient or resident in a covered facility but who does not need assistance due to a disability may request assistance from a near relative, legal guardian, or a MAT. Recall, the court’s order changes the rules only for voters who need assistance due to a disability. If a near relative, legal guardian, or MAT is not available within seven calendar days of such a voter’s request, the voter may get assistance from anyone EXCEPT: • An owner, manager, director, or employee of the hospital, clinic, nursing home, or rest home where the voter is a patient or a resident; • An elected official, candidate, or officeholder in a political party; or • A campaign manager or treasurer for a candidate or political party.4 Assistance with Absentee Voting Absentee Requests Upon request of a voter who needs assistance due to a disability, any person may assist the voter by: • Completing the absentee request form, according to the voter’s instruction; • Making the absentee request on the voter’s behalf, according to the voter’s instruction; and • Returning the request form, according to the voter’s instruction. The assistant may return the request form by mail or in person, or through the State Board’s online portal. 4 N.C.G.S. § 163-226.3(a)(4). 3 The assistant must complete Section 9 of the request form, including providing their name and address. The form is invalid if the assistant does not provide information such that the assistant’s name and address can be determined.5 If the assistant is making the request for the voter (i.e., not just helping to fill out the form, but making the request in lieu of the voter), they must also complete and sign Section 8. As long as the assistant’s address is listed in either Section 8 or Section 9, it is not required to be listed twice since the assistant’s address can be determined if it is listed once. Absentee Container-Return Envelopes Upon request of a voter who needs assistance due to a disability, any person, including a MAT member, may assist the voter by: • Completing the absentee container-return envelope, according to the voter’s instruction; • Marking the ballot, according to the voter’s instruction; • Signing the envelope if, due a disability, the voter is unable to sign or make their mark; and • Returning the ballot, according to the voter’s instruction. The assistant may return the ballot by mail or in person to the county board of elections office or a one-stop site in the county. The assistant must complete the Voter Assistant Certification section of the envelope. If a voter is physically unable to sign or make their mark due to disability, the person assisting with the ballot should write in the signature line, “Disabled - cannot sign” and must complete the Voter Assistant Certification located on the back of the ballot return envelope. The assistant may return a cure certification for a voter who needs assistance due to a disability. See Numbered Memo 2021-03 for information about the cure process for deficient absentee container-return envelopes. County boards shall keep a log for cure certifications that are hand-delivered to the county board office. Absence for Sickness or Physical Disability If a voter expects to be unable to go to the voting place to vote in person on Election Day because of that voter’s sickness or other physical disability, any of the following people may 5 N.C.G.S. § 163-230.2(e1) states: “If a voter is in need of assistance completing the written request form due to blindness, disability, or inability to read or write and there is not a near relative or legal guardian available to assist that voter, the voter may request some other person to give assistance, notwithstanding any other provision of this section. If another person gives assistance in completing the written request form, that person’s name and address shall be disclosed on the written request form in addition to the information listed in subsection (a) of this section.” (Emphasis added.) 4 make the request for absentee ballots in person to the board of elections of the county in which the voter is registered after 5:00 p.m. on the Tuesday before the election but not later than 5:00 p.m. on the day before the election: • The voter; • The voter’s near relative or legal guardian; or • Any other person, if the voter needs assistance due to a disability. Upon receipt of a completed request form, the county board shall personally deliver the application and ballots to the voter, near relative, legal guardian, or assistant.6 Assistance with In-Person Voting The requirements for who may assist a voter voting in person have not changed. A disabled or illiterate voter who is voting in person may receive assistance from a person of the voter’s choice, other than the voter’s employer or agent of that employer or an officer or agent of the voter’s union.7 There is no limit on how many voters an assistant may assist, if properly requested. Answers to Frequently Asked Questions Q1: May a voter who needs assistance due to a disability receive assistance from a candidate? A: It depends. A voter who needs assistance due to a disability may receive assistance from a candidate if the voter is a patient or resident of covered facility. However, the court order did not enjoin G.S. § 163-237(c), which prevents a candidate from serving as a witness otherwise. Therefore, a voter who is not a patient or resident of a covered facility is prohibited from having a candidate serve as a witness unless the candidate is their near relative. Q2: What is the definition of a disability? A: Under the Americans with Disabilities Act, a disability is a physical or mental impairment that causes someone to be substantially limited in a major life activity.8 This means someone who has substantial limitations on the ability to perform everyday 6 N.C.G.S. § 163-230.1(b). 7 N.C.G.S. § 163-166.8(a)(2). 8 42 U.S.C. § 12102(1)(A). 5 things—such as seeing, hearing, walking, standing, speaking, reading, concentrating, thinking, and writing—as compared to most people in the general population.9 Most people living in nursing homes and other congregate care settings need help with at least one aspect of daily living and will generally be considered to have a disability. Federal law states that public entities are not to engage in demanding tests to determine an individual’s level of disability.10 For the purposes of seeking assistance with absentee voting, however, the disability should substantially impair an activity that pertains to the absentee voting process.11 All of the examples of everyday activities listed above could pertain to some aspect of the absentee voting process. Q3: Is advanced age a reason for assistance (for example, curbside is open to those who due to age or disability are unable to enter the enclosure)? A: No, age alone is not a reason the voter may receive assistance under the court order. The voter must need assistance due to a disability, but a disability may be age-related. See the answer to Question 2 for the definition of a disability. Q4: How do we know if someone has a disability? A: See the answer to Question 2 regarding the definition of a disability. The voter’s disability is confirmed through the attestations on the request form and the absentee envelope. These contain language requiring the assistant to attest that the voter asked for help due to the voter’s disability. It is not for the county board to inquire into the specifics of a voter’s attested-to disability that renders the voter in need of assistance. If the assistance portion of an otherwise valid request form or envelope is properly completed, the county board shall approve it. If the county board has reason to believe that non-disabled voters are receiving assistance to which they are not entitled, or that disabled voters’ wishes are not being respected, they shall forward such evidence the State Board’s Investigations Division. 9 42 U.S.C. § 12102(2)(A); 28 C.F.R. § 35.108(c)(1), (d)(1)(v). 10 28 C.F.R. § 35.101; see 28 C.F.R. §§ 35.108(a)(2)(i), (c)(2)(i)-(ii), (d)(1)(i)-(viii), . 11 The Voting Rights Act permits a voter to get assistance from a person of their choice if that voter “requires assistance to vote by reason of blindness, disability, or inability to read or write[.]” 52 U.S.C. § 10508 (emphasis added). 6 Q5: What if a disabled voter in a covered facility wishes to get assistance from and use as witnesses two staff members in the facility, but the voter’s near relative is concerned about undue influence and has contacted the county board to complain? A: A voter who needs assistance due to a disability has the right to select an assistant of their choice under the court order (and federal law). If a family member is concerned that someone has improperly influenced a voter, the county board of elections should refer them to the State Board’s Investigations Division. It is a crime to interfere with a voter when marking their ballot, or to defraud a blind or illiterate voter from marking the ballot selections of their choosing.12 Q6: Is the assistant required to respect the secrecy of the voter’s ballot? Yes. Any person who assists a voter must keep the voter’s ballot choices confidential. It is a crime for any person who has access to another person’s ballot to reveal how the person voted.13 Q7: Are there any changes to the requirement that an absentee voter have two witnesses or a notary? A: No. An absentee ballot must still be witnessed by two people or one notary public. The witnesses must be at least 18 years old. Q8: What is the definition of a covered facility? A: 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.14 12 N.C.G.S. §§ 163-273(a)(4) and 163-274(a)(13). 13 N.C.G.S. § 163-274(b). 14 08 NCAC 16 .0101(b). Mailing Address: P.O. Box 27255, Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135 Numbered Memo 2021-07 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Deficiencies in Notary Portion of Absentee Application and Certificate DATE: August 31, 2021 This numbered memo explains how county boards of elections should treat technical deficiencies in the execution of the notary portion of an absentee container return envelope (officially called the absentee ballot application and certificate). It replaces Numbered Memo 2020-07. The guidance balances the goal of uniformly applying the law while seeking to not punish the voter for a notary’s inadvertent mistake or error. G.S. § 163-231(a) requires a voter to mark the absentee by-mail ballot in the presence of two witnesses or one notary public, who must sign the container return envelope as witness(es). If witnessed by a notary, the statute requires the notary public to affix their valid notarial seal to the envelope and include the phrase “Notary Public” below his or her signature. State Board of Elections staff consulted with the North Carolina Department of the Secretary of State’s Electronic Notarization and Notary Enforcement Division regarding the validity of an incomplete notarization on the container return envelope. While the Secretary of State’s Office cannot adjudicate an absentee ballot, they provided useful information on how the notary statutes work in conjunction with our election statutes, including that there is a presumption of regularity in the absence of fraud on the part of the notary, or evidence of a knowing and deliberate violation of the notary statutes by the notary.1 The Secretary of State’s Office has requested that notarial errors on the absentee ballot container-return envelope be reported to them. Certain technical errors in executing the notary’s portion of the container return envelope are not considered deficiencies. Other errors are considered deficiencies that require the ballot to be spoiled and reissued in accordance with Section 2.2 of Numbered Memo 2021-03. 1 G.S. 10B-99(a) (relevant portion): “In the absence of evidence of fraud on the part of the notary, or evidence of a knowing and deliberate violation of this Article by the notary, the courts shall grant a presumption of regularity to notarial acts so that those acts may be upheld, provided there has been substantial compliance with the law.” 2 1. Technical Errors That Are Not Considered Deficiencies The following technical errors do not affect the sufficiency, validity, or enforceability of the notarial certificate itself or the underlying document and are not considered deficiencies: • Notary leaves off the name of the voter or misspells the voter’s name; • Notary does not write the expiration date of their commission; • Notary does not include the name of the county or State; • The notary seal is hard to read; • The notary does not include the date the notary witnessed the marking of the ballot; or • A combination of the above.2 2. Technical Errors That Are Considered Deficiencies The following errors in the notarial certificate are considered deficiencies that cannot be cured by certification, and require that the ballot be spoiled and reissued in accordance with Numbered Memo 2021-03: • The notary’s signature is missing. Pursuant to G.S. § 163-231(a)(5), the notary’s signature is required. • The notarial seal is missing altogether or contains missing information. G.S. § 163-231(a) requires the notary to affix a valid notarial seal to the envelope. 2 G.S. § 10B-68 (relevant portion): (a) Technical defects, errors, or omissions in a notarial certificate shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related instrument or document. […] (c) As used in this section, a technical defect includes those cured under G.S. 10B-37(f) and G.S. 10B- 67. Other technical defects include, but are not limited to, the absence of the legible appearance of the notary's name exactly as shown on the notary's commission as required in G.S. 10B-20(b), the affixation of the notary's seal near the signature of the principal or subscribing witness rather than near the notary's signature, minor typographical mistakes in the spelling of the principal's name, the failure to acknowledge the principal's name exactly as signed by including or omitting initials, or the failure to specify the principal's title or office, if any.” G.S. 10B-67: “An erroneous statement of the date that the notary's commission expires shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related record if the notary is, in fact, lawfully commissioned at the time of the notarial act. This section applies to notarial acts whenever performed.” G.S. 10B-37(f): “The failure of a notarial seal to comply with the requirements of this section shall not affect the sufficiency, validity, or enforceability of the notarial certificate, but shall constitute a violation of the notary's duties.” 3 3. Fraud Indicators If there are indications of fraud on the absentee envelope, whether they relate to the notary section or other sections of the envelope, this information should be sent to the State Board’s Investigations Division. Examples of fraud indicators include: • A notary or witness completed multiple applications containing technical errors; • The handwriting for the voter’s signature and witness’s signature appears identical; • The envelope appears to have been tampered with; and • There are stray or suspicious markings on the envelope. Mailing Address: P.O. Box 27255 Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135 Numbered Memo 2020-29 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Witness or Assistant Address Issues on the Absentee Container-Return Envelope DATE: October 4, 2020 This memo is issued to provide uniform guidance and further clarification on how to determine if the correct address can be identified if the witness’s or assistant’s address on an absentee container- return envelope is incomplete. If No Address If a witness or assistant does not print their address, the envelope is deficient. Missing ZIP Code or City As previously explained in Footnote 3 of Numbered Memo 2020-19, failure to list a witness’s ZIP code does not require a cure. G.S. § 163-231(a)(5). A witness or assistant’s address does not have to be a residential address; it may be a post office box or other mailing address. Additionally, if the address is missing a city or state, but the county board of elections can determine the correct address, the failure to list that information also does not invalidate the container-return envelope. For example, if a witness lists “Raleigh 27603” you can determine the state is NC, or if a witness lists “333 North Main Street, 27701” you can determine that the city/state is Durham, NC. If City and ZIP Code Missing If both the city and ZIP code are missing, staff will need to determine whether the correct address can be identified. If the correct address cannot be identified, the envelope is deficient. If one of the following criteria are met, you can determine the address and the envelope is not deficient: • The witness or assistant’s address is the same as the voter’s address – either because the witness or assistant wrote “same as above” or something similar on the address line or because the partial address provided matches the address of the voter – or it is on the same street as the voter’s address; • The witness’s or assistant’s name and partial address match that of a registered voter in your county in SEIMS; or 2 • The street address is a valid address in your county. You may confirm this using a county GIS website 1 or office, or a similar tool. Do not use an online directions tool such as Google Maps, which does not identify whether an address is valid. If there is only a street address and none of the above criteria are met, the county board cannot determine the address and the envelope is deficient. If a P.O. box is listed but the address provided does not include a city or ZIP code, it is not possible to determine the address and the envelope is deficient. 1 https://www.lib.ncsu.edu/gis/counties.html Resolution Authorizing the Director (i)to Duplicate UOCAVA Ballots Prior to Board Review and Outside Board's Presence (ii)to Review and Sort Absentee Ballot Applications Prior to Board Review, and (iii)to Open Approved Applications and Scan the Ballots in Them WHEREAS, Chapter 163, Article 21 of the N.C. General Statutes constitutes the N.C. Uniform Military and Overseas Voters Act: and WHEREAS, pursuant to this Act, voters who are registered in New Hanover but are overseas and/or in the military may vote in elections in New Hanover County; and WHEREAS, the "'Uniformed and Overseas Citizens Absentee Voting Act" was enacted by Congress and the President in 1986 and contains many of the same provisions found in the N.C. Act; and WHEREAS, ballots received pursuant to the federal UOCAVA and the N.C, Uniform and Overseas Voters Act are commonly referred to as ''UOCAVA ballots"; and WHEREAS. pursuant to N.C. Gen. Stat. § 163-231(b)(1), voters submitting these UOCAVA ballots may transmit their absentee ballots to the Board electronically; and WHEREAS. the Board's ballot scanner cannot read UOCAVA ballots received electronically by the Board; and WHEREAS, UOCAVA ballots received electronically must be copied onto an official ballot by a bipartisan duplication team so that they may be optically scanned; and WHEREAS. at least two members of the Board and one Board Member from each party review the duplicated ballots to ensure that they are accurate; and WHEREAS, for the sake of expediency, the Board wishes for the bipartisan teams to duplicate UOCAVA bal1ots before the Board's meetings; and WHEREAS, pursuant to N.C. Gen. Stat.§ 163-35(1), the Board is empowered "to make and issue such rules, regulations, and instructions. not inconsistent with law... or with the rules. orders, and directives established by the State Board of Elections, as it may deem necessary for the guidance of election officers and voters"; and 2 WHEREAS. the law in North Carolina provides that "The director of elections may be empowered by the county board of elections to perform such administrative duties as might be assigned by the board...." N.C. Gen. Stat. § 163-35(d); and WHEREAS, the duplication of UOCAVA ballots is an administrative duty; and WHEREAS. the New Hanover County Board of Elections is required by Law to meet weekly beginning the fifth Tuesday before the election in order to pass on applications for absentee ballots received by the Board, N.C. Gen. Stat. § 163-230. l(f); and WHEREAS. the law in North Carolina provides that: At its next official meeting after return of the completed container- return envelope with the voter's ballots the county board of elections shall determine whether the container-return envelope has been properly executed. If the Board determines that the container- return envelope has been properly executed, it shall approve the application and deposit the container-return envelope with other container-return envelopes to be opened and the ballots counted at the same time as all other container-return envelopes and absentee ballots. N.C. Gen. Stat. § 163-230.l(e); and WHEREAS. pursuant to N.C. Gen. Stat. § 163-234. the Board also approves absentee ballot applications/container-return envelopes at its meeting on Election Day, at any meeting held for that purpose between Election Day and the date of Final Canvass. and at Final Canvass; and WHEREAS, the initial review and sorting of absentee ballot applications/container - return envelopes is an administrative duty and WHEREAS, the Law in North Carolina provides further that: [A] county board of elections may. at each meeting at which it approves absentee ba1Jot applications pursuant to G.S. l 63- 230.1(e) and (f) remove those ballots from their envelopes and have them read by an optical scanning machine, without printing the totals on the scanner. N.C. Gen. Stat. § 163-234(3); and WHEREAS, opening approved absentee ballot applications/container-return envelopes, removing the ballots, and scanning the ballots are administrative duties: and 3 WHEREAS. the performance of these administrative duties by the Director and staff in the weeks leading up to the election will assist the Board in the performance of its duties; NOW, THEREFORE, IT IS HEREBY RESOLVED that: l.Prior to each Absentee Review Meeting, a bipartisan team shall duplicate all UOCAVA ballots received by the Board; 2.Prior to each weekly Special Meeting held pursuant to N.C. Gen. Stat. § 163-230(e)- (f). and prior to any meeting held pursuant to N.C. Gen. Stat. § 163-234 at which absentee ballot applications/container-return envelopes are to be passed upon. the Director or staff shall inspect each absentee ballot application/container-return envelope to evaluate whether it: a.complies with all the requirements such that it should be recommended for approval, b.is defective but can be cured. c.is defective and cannot be cured, or d.has a status that needs to be evaluated by the Board; 3.At each Absentee Review Meeting and any meeting under N.C. Gen. Stat.§ 163- 234.once the Board has approved absentee bal1ot applications/container-return envelopes, the Director and staff shall “remove th[e) ballots from th[ose] envelopes and have them read by an optical scanning machine, without printing the totals on the scanner." October 10, 2023 Derrick R. Miller, Chair Special Meeting New Hanover County Board of Elections October 10, 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 # 4