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HomeMy WebLinkAboutBoard Meeting Agenda Packet 01-16-2024MEETING AGENDA Date: January 16, 2024 Time: 5:30 PM Location: Bd of Elections Office, Long Leaf Room Type: Special Scheduled Attendees: Derrick R. Miller, Chair Rae Hunter-Havens, Director James Battle Morgan, Jr. Secretary Caroline Dawkins, Deputy Director Natalie Hinton-Stalling, Member Jenna Dahlgren, Logistics Coordinator Bruce Kemp, Member Joan Geiszler-Ludlum, Administrative Technician Tom S. Morris, Member 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 (12/12/2023) 2.Public Comment Period •2-minute limit •20-minute limit total 3.Director Update a.Financial Update b.List Maintenance c.Voter Photo ID Event 4.New Business a.2024 Primary Elections Notice b.Polling Place Change for Precinct CF02 c.Appointment of Early Voting Officials 5.Closed Session (N.C. Gen. Stat. § 143-318.11(6)) 6.General Discussion •Other Elections-Related Matters 7.Adjournment *Agenda packets are sent via email in advance of meetings. Special Meeting New Hanover County Board of Elections January 16, 2024 Subject: Approval of Agenda Summary: N/A Board Action Required: Staff recommends approval Item # 1c Special Meeting New Hanover County Board of Elections January 16, 2024 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 12/12/2023 meeting. Board Action Required: Staff recommends approval Item # 1dItem # 1d Board Minutes – 12/12/2023 Page | 1 REGULAR MEETING New Hanover County Board of Elections December 12, 2023 5:30 P.M. ATTENDANCE Members: Derrick R. Miller, Chair James Battle Morgan, Jr., Secretary Natalie Hinton-Stalling, Member Bruce Kemp, Member (attended virtually) Tom Morris, Member Staff:Rae Hunter-Havens, Executive Director Jenna Dahlgren, Elections Logistics Specialist Noelle Powers, Elections Systems Administrator Joan Geiszler-Ludlum, Administrative Elections Technician Visitors: Tufanna Bradley, Assistant County Manager; Kemp Burpeau, Deputy County Attorney Public Attendees: Matthew Emborsky, NHC GOP; Clarice Reber, League of Women Voters LCF; Susanne Werner, NHCDP; Beverly Edwards, Felicia Slappy, Zeta Rho Zeta/NAACP Virtual Attendees: Member Bruce Kemp; Ricky Meeks 1.MEETING OPENING a.Call to Order Chair Miller called the meeting to order at 5:30 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, with Member Kemp participating virtually. 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 avoid conversation and crosstalk during the meeting. Board Minutes – 12/12/2023 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 Morris moved to approve the agenda as submitted, second by Member Hinton- Stalling. Motion carried unanimously. e. Approval of Minutes Chair Miller asked for any changes or corrections to the minutes of the 11/14/23, 11/16/23 and 11/17/23 Board meetings. Member Kemp requested a change to the 11/14/23 minutes, page 5, para. 2: change “unanimous” to “adopted”. Secretary Morgan requested correction to the 11/16/23 minutes, page 5, para. 7: change the second “Morgan” to “Morris” on line 2. Hearing no further changes to the minutes, Chair Miller said, by unanimous consent, the minutes of the 11/14/23, 11/16/23 and 11/17/23 are approved unanimously as corrected. 2. PUBLIC COMMENT PERIOD Chair Miller called upon the public in-person attendees for their comments or questions, limited to two minutes each, total of 20 minutes. Matthew Emborsky submitted a graph which he said shows that the One-Stop and Absentee voting methods have not been randomly selected by the NC State Board of Elections (NCSBE) for the sample audit count in this county. He said he objected to the One-Stop voting method not being included in the sample audit count since it represents an increasing percentage of votes cast in general elections. By statute1 NCSBE conducts a random draw of one or more voting sites or voting methods for each county from among all county voting sites and all voting methods to conduct a sample audit count. Seeing and hearing no other 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 1 See NCGS §163-182.1, 182.2(a)(2), 163-182 (b)(1) and (2), and NCSBE Numbered Memo 2019-07. Board Minutes – 12/12/2023 Page | 3 Director Hunter-Havens presented the budget year-to-date report through November 30. She said the bulk of the municipal election’s expenses are paid, except precinct official pay of about $117,000 will be paid in December and reflected in the January report. The budget is on target for most regular expenses. Chair Miller called on the Board members for their questions. Member Kemp asked if there are funds available in the budget to acquire or develop software to acknowledge receiving the official’s precinct availability survey. Director Hunter-Havens said no funds are available in the current budget, but she is looking at alternatives available within current tools. Precinct officials have opportunities to contact staff by phone or email when they have questions about their assignments. b. List Maintenance Director Hunter-Havens said list maintenance is carried out as permitted during the active election season. During the period from September through November, this office removed 1,838 voters from the registration rolls, and processed 4,213 new registrations, 1,748 registration forms without changes, and 2,957 registration updates. c. 2024 NCSBE Winter Conference Director Hunter-Havens said the NCSBE Winter Conference, which offers training for Board members and elections staff, is scheduled for February 4-6, 2024, in Concord Mills. She said no NHC Board members are required to attend because they have met their initial training requirement2 by attending the August 2023 Conference. Any Board member who wishes to attend should let the Director know. Conference registration is open, but the hotel block is not yet released. She said that, as Executive Director, is required to attend, with 1 or 2 staff members. The Director said the conference date presents a scheduling challenge. The conference will adjourn on Tuesday, February 6, at 11:00 a.m. February 6 is scheduled as the second Board special absentee review meeting at 5:00 p.m. With that scheduling in mind, NCSBE suggested options for Boards concerned with being able to return in time to complete all logistics needed for the absentee meeting: • Change the time of the meeting to a later time, for example 7:00 p.m., to allow additional time to return and prepare, which will trigger the meeting notice requirement of NCGS §163-230.1(f)3. • Open the meeting virtually at 5:00 p.m. and then recess the meeting until the following day, which should conform with the notice requirements of NCGS §163-230.1(f). 2 NCGS §163-82.24, every member of a county board of elections is required to attend one training conducted by NCSBE during the first six months after initial appointment and at least once again during the first to years of the member’s service. 3 NCGS §163-230.1(f): “If the county board of elections changes the time of holding its meetings or provides for additional meetings in accordance with the terms of this subsection, notice of the change in hour and notice of the schedule of additional meetings, if any, shall be published in a newspaper circulated in the county at least 30 days prior to the election. Board Minutes – 12/12/2023 Page | 4 The Board may consider their meeting options at the January meeting. d. Appointment of Early Voting Officials Director Hunter-Havens reported that the NCSBE adopted a resolution when they met on November 28, regarding the appointment of early voting election officials. The resolution established that at least 21 days prior to the appointment date set by the county board, the county board shall notify the chair of each political party organized in the county of (1) the county board’s appointment date, and (2) the party’s deadline to provide recommendations of qualified early voting officials. The deadline is set as the fifth business day before the appointment date. The resolution requires the notice to the party chairs to be sent by email or letter via US mail. To allow sufficient time to complete all onboarding and training requirements, Director Hunter-Havens recommended that the Board set the January 9 regular meeting as the date to appoint early voting officials. If January 9 is acceptable to the Board, the Director said she will send the email notice by December 19 to the party chairs, advising them of the appointment date and their deadline to submit their recommendations for qualified early voting officials. NCSBE will be issuing additional guidance regarding the appointment process for use by the Board in appointing early voting officials for the 2024 Primary. When the NCSBE guidance is received, she will share it with the Board and the party chairs. Member Kemp asked whether the party nominations will include the party’s suggestions for the early voting site where the individuals serve. Director Hunter-Havens said her reading of the Session Law suggests that the party chairs may request a specific site, but that will be subject to the NCSBE guidance. She said she anticipates using two shifts on weekdays to cover the required hours from 8:00 am to 7:30 pm which requires working from 7:30 am to as late as 8:30 pm. In response to Member Kemp’s question about MAT team appointments, Director Hunter-Havens said the parties may submit additional names for those positions for appointment by the Board. Chair Miller asked that the parties be in communication with their nominees about the duties and expectations for early voting officials before nominating them. 4. NEW BUSINESS a. Resolution to Adopt a Time for Counting Absentee Ballots Chair Miller called on Director Hunter-Havens to present the resolution. Board Minutes – 12/12/2023 Page | 5 Director Hunter-Havens said, by statute, the Board may begin counting all Board- approved absentee ballots between 2:00 p.m. and 5:00 p.m. on Election Day upon adoption of a resolution at least 2 weeks before the election setting the place and hour to count the absentee ballots. In addition, the Board may adopt the resolution providing for an additional meeting following Election Day and prior to canvass to count the supplemental absentee and provisional ballots. The proposed resolution sets the time to count the approved absentee ballots on March 5, 2024, at 2:00 p.m. and the approved supplemental absentee and provisional ballots on March 14, 2024, at 2:00 p.m. The resolution will be published in a newspaper having general circulation in the county once weekly during the two-week period before Election Day. Member Morris moved adoption of the resolution, second by Member Hinton-Stalling. In discussion of the motion, Member Kemp suggested, considering the new deadline to return absentee-by-mail ballots by 7:30 p.m. on Election Day, that it would make sense to schedule a meeting on March 7 to review and approve the supplemental absentee ballots. Director Hunter-Havens said the proposed resolution sets the date and time to count the supplemental absentee ballots and provisional ballots at the pre-canvass meeting at 2:00 p.m. on March 14. Member Kemp agreed it would not make sense to meet twice and withdrew the suggestion. Hearing no further discussion, Chair Miller called the vote on the motion to adopt the proposed resolution. Motion carried unanimously. b. Adoption of Regular Meeting Schedule Chair Miller called on Director Hunter-Havens to present the proposed 2024 schedule of meetings. Director Hunter-Havens said the schedule is based on the current policy of regular meetings on the Tuesday after the second Monday of the month. She proposed a change in the meeting schedule to reflect the adopted resolution scheduling the counting of absentee ballots on March 5 and March 14 at 2:00 p.m. Chair Miller accepted the change without dissent and called for a motion to adopt the meeting schedule as amended. Member Hinton-Stalling moved adoption, second by Secretary Morgan. Motion carried unanimously. 5. GENERAL DISCUSSION Chair Miller called for any discussion by Board members. Member Morris reviewed his suggestions based on his observations of the 2023 municipal election: • ES&S Logic & Accuracy (L&A) Testing • Sample Audit Counts Board Minutes – 12/12/2023 Page | 6 • Staffing of Election Officials • Handling Public Information Requests Member Morris commended the staff for their professional performance of the 2023 municipal election. Chair Miller called for any discussion. Member Hinton-Stalling said, as a new member of the Board, she has felt comfortable with the quality of the staff presentation of information, backed by statutory and administrative guidance, and observed the checks and balances in place. She said it gives her confidence and should give the public confidence in the conduct and results of our elections. Hearing no additional discussion from Board members, Chair Miller called on Director Hunter-Havens for her comments. The Director said numerous checks and balances are in place to assure the accuracy of elections in this state and county and reviewed some of the processes in place that the Board reviews. She said that she follows the law in administering the elections as prescribed by state statute, administrative code, State Board administrative and legal guidance, and County Attorney guidance, as she is required to do. Chair Miller suggested to Member Morris that he consider bringing specific motions to the Board to consider at a future meeting if he wants to pursue his suggestions. Chair Miller said there appears to be no other general discussion and invited a motion to adjourn. 6. ADJOURNMENT Member Morris moved to adjourn the meeting, second by Member Hinton-Stalling. Motion carried unanimously. The meeting adjourned at 6:25 p.m. The next Board meeting is scheduled to be held on January 9, 2024, at 5:30 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 January 16, 2024 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 20 minutes total for the public comment period. Board Action Required: Discuss as necessary Item # 2 Special Meeting New Hanover County Board of Elections January 16, 2024 Subject: Director’s Report Summary: a.Financial Update The attached reports provide the Board with a budget update, including the following: •Salaries and Benefits expended through FY23-24 6th Period (December) •Operating Expenses expended through FY23-24 6h Period (December) •Grand Total expended through FY23-24 6th Period (December) b.List Maintenance Update Per data provided from the Statewide Elections Information Management System (SEIMS), the New Hanover County Board of Elections completed the following: •Removed 248 voters from the voter registration rolls in December 2023 consistent with NC Gen. Stat. §163-82.14. •Processed 758 new registrations, 258 duplicate registrations, and 513 registration updates in December 2023. c.Voter Photo ID Event The New Hanover County Board of Elections will be holding an “After-Hours Voter Photo ID Event” on January 25th from 5:00 PM to 7:00 PM here at the office. The event is designed to provide alternative office hours to those residents whose day-to-day responsibilities may prevent them from visiting during regular business. Staff will be on-site to answer questions about voter photo ID, voter registration, and voting options in New Hanover County, as well as making voter photo ID cards on the spot for those in attendance. Information about this event will be posted on our social media accounts, and the flyer has been distributed to all Hanover County Libraries and the Senior Resource Center. It is currently the plan to hold a series of satellite events across the county in the spring and summer months. These satellite events will be voter-education focused and Board of Elections staff will be on-site at other county facilities with the voter photo ID equipment to provide residents in different areas with access to these free ID cards. This plan provides the staff with the opportunity to get in front of more voters when public engagement is at its peak. Document/s Included: Financial Year-To-Date Budget Report 6th Period (December); NVRA Report (December 2023); After- Hours Voter Photo ID Event Flyer Board Action Required: Discuss as necessary Item # 2 Item # 3 NEW HANOVER COUNTY - LIVE YEAR-TO-DATE BUDGET REPORT Report generated: 01/04/2024 10:25User: rhavensProgram ID: glytdbud Page 1 FOR 2024 06 ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT110 GENERAL FUND APPROP ADJSTMTS BUDGET YTD EXPENDED ENCUMBRANCES BUDGET USED 16 BOARD OF ELECTIONS 60 SALARIES & BENEFITS 11016100 610000 SALARIES AND WA 524,570 0 524,570 241,851.56 .00 282,718.44 46.1% 11016100 611500 CASUAL PART TIM 290,930 0 290,930 136,868.29 .00 154,061.71 47.0% 11016100 611600 OVERTIME PAY (O 7,860 0 7,860 3,145.03 .00 4,714.97 40.0% 11016100 621000 SOCIAL SECURITY 39,835 0 39,835 19,567.03 .00 20,267.97 49.1% 11016100 622000 RETIREMENT-LOCA 67,617 0 67,617 31,580.05 .00 36,036.95 46.7% 11016100 623500 GENERAL 401-K M 13,114 0 13,114 6,125.04 .00 6,988.96 46.7% 11016100 625000 MEDICAL INSURAN 77,192 0 77,192 34,403.10 .00 42,788.90 44.6% 11016100 626000 LONG TERM DISAB 890 0 890 418.39 .00 471.61 47.0% TOTAL SALARIES & BENEFITS 1,022,008 0 1,022,008 473,958.49 .00 548,049.51 46.4% 70 OPERATING EXPENSES 11016100 700000 CONTR SERVS 196,112 0 196,112 77,020.31 96,588.30 22,503.39 88.5% 11016100 700328 LEASE EXPENSE 45,559 0 45,559 28,522.60 19,531.85 -2,495.45 105.5% 11016100 700329 SUBSCRIPTION SO 15,792 0 15,792 10,214.47 .00 5,577.53 64.7% 11016100 700330 RENT 76,952 0 76,952 750.00 52,880.00 23,322.00 69.7% 11016100 700350 ADVERTISING COS 3,751 0 3,751 1,409.98 .00 2,341.02 37.6% 11016100 700365 CELLULAR EXPENS 11,400 0 11,400 8,581.40 .00 2,818.60 75.3% 11016100 700370 POSTAGE EXPENSE 56,294 0 56,294 19,781.06 .00 36,512.94 35.1% 11016100 700430 M&R-EQUIPMENT 65,461 0 65,461 65,460.94 .00 .06 100.0% 11016100 700500 PRINTING 84,715 0 84,715 29,013.44 2,623.90 53,077.66 37.3% 11016100 700512 PRINTER-COPIER 6,750 0 6,750 2,128.04 .00 4,621.96 31.5% 11016100 700520 SUPPLIES 68,648 0 68,648 5,407.52 .00 63,240.48 7.9% 11016100 700542 SUPPLIES-COMPUT 1,600 0 1,600 71.04 .00 1,528.96 4.4% 11016100 700700 DUES & SUBSCRIP 150 0 150 .00 .00 150.00 .0% 11016100 700825 EMPLOYEE REIMBU 2,125 0 2,125 845.58 .00 1,279.42 39.8% 11016100 700905 TRAINING & TRAV 5,160 0 5,160 4,933.53 .00 226.47 95.6% 11016100 701050 INSURANCE&BONDS 40,638 0 40,638 28,503.54 .00 12,134.46 70.1% TOTAL OPERATING EXPENSES 681,107 0 681,107 282,643.45 171,624.05 226,839.50 66.7% TOTAL BOARD OF ELECTIONS 1,703,115 0 1,703,115 756,601.94 171,624.05 774,889.01 54.5% TOTAL GENERAL FUND 1,703,115 0 1,703,115 756,601.94 171,624.05 774,889.01 54.5% TOTAL EXPENSES 1,703,115 0 1,703,115 756,601.94 171,624.05 774,889.01 NEW HANOVER COUNTY - LIVE YEAR-TO-DATE BUDGET REPORT Report generated: 01/04/2024 10:25User: rhavensProgram ID: glytdbud Page 2 FOR 2024 06 ORIGINAL TRANFRS/ REVISED AVAILABLE PCT APPROP ADJSTMTS BUDGET YTD EXPENDED ENCUMBRANCES BUDGET USED GRAND TOTAL 1,703,115 0 1,703,115 756,601.94 171,624.05 774,889.01 54.5% ** END OF REPORT - Generated by RAE HUNTER-HAVENS ** NEW HANOVER COUNTY BOARD OF ELECTIONS NVRA REPORT Reporting Period:-12/1/2023 12/31/2023 Totals Active 152,586 Inactive 27,248 Total Registration 179,834 REPORTING PERIOD Registrations Approved 1,898 Total Registrations Removed 248 Inactive Registrations Removed 70 New Registrations 00 - No Application Source 2 01 - Public Assistance 9 02 - Disability 0 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 668 06 - Mail-in 9 07 - In-person 2 08 - Library & High School 0 09 - Spanish Language Application 0 10 - Online Registration 24 17 - Registration Drives 44 21 - Medicaid Renewal 0 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 0 758 Duplicates 00 - No Application Source 19 01 - Public Assistance 5 02 - Disability 0 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 206 06 - Mail-in 1 07 - In-person 0 08 - Library & High School 0 09 - Spanish Language Application 0 10 - Online Registration 16 17 - Registration Drives 3 21 - Medicaid Renewal 1 95 - Voter Return of NCOA 1 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 2 98 - Voter Change On Confirmation 1 vtr_nvra_stat.rpt Page 1 of 5Jan 04, 2024 11:17 am NVRA REPORTNEW HANOVER COUNTY BOARD OF ELECTIONS 99 - Voter Change On Verification 3 258 vtr_nvra_stat.rpt Page 2 of 5Jan 04, 2024 11:17 am NVRA REPORTNEW HANOVER COUNTY BOARD OF ELECTIONS Changes of Information 00 - No Application Source 28 01 - Public Assistance 5 02 - Disability 1 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 412 06 - Mail-in 6 07 - In-person 6 08 - Library & High School 0 09 - Spanish Language Application 0 10 - Online Registration 51 17 - Registration Drives 4 21 - Medicaid Renewal 0 95 - Voter Return of NCOA 0 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 0 98 - Voter Change On Confirmation 0 99 - Voter Change On Verification 0 513 Verifications # of 1st & 2nd verification mailings sent 3,280 # of 1st NCOA mailings sent 0 # of 1st verification returned undeliverable 112 # of verification returned by voter 3 Confirmations # of confirmations returned by voter 1 # of confirmations sent 56 # of confirmations returned undeliverable 3 # of confirmations not returned at all 3 COUNTY STATISTICAL Constitution 0 Democratic 50,570 Green 46 Libertarian 1,480 No Labels 99 Republican 53,655 Unaffiliated 73,984 American Indian 382 Asian 1,443 Black 19,038 Multi-Racial 851 Native Hawaiian or Pacific Islander 14 White 137,922 Other 4,279 Undesignated 15,905 Hispanic 4,113 Not Hispanic 116,202 vtr_nvra_stat.rpt Page 3 of 5Jan 04, 2024 11:17 am NVRA REPORTNEW HANOVER COUNTY BOARD OF ELECTIONS Undesignated 59,519 Female 87,809 Male 74,458 Undesignated 17,567 Unprocessed Registrations - Incomplete Queue 00 - No Application Source 13 01 - Public Assistance 13 02 - Disability 0 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 151 06 - Mail-in 4 07 - In-person 1 08 - Library & High School 0 09 - Spanish Language Application 0 10 - Online Registration 7 17 - Registration Drives 15 21 - Medicaid Renewal 0 95 - Voter Return of NCOA 0 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 0 98 - Voter Change On Confirmation 0 99 - Voter Change On Verification 0 Unprocessed Registrations - Archive Queue 00 - No Application Source 0 01 - Public Assistance 0 02 - Disability 0 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 0 06 - Mail-in 0 07 - In-person 0 08 - Library & High School 0 09 - Spanish Language Application 0 10 - Online Registration 0 17 - Registration Drives 0 21 - Medicaid Renewal 0 95 - Voter Return of NCOA 0 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 0 98 - Voter Change On Confirmation 0 99 - Voter Change On Verification 0 Unprocessed Registrations - Review Queue 00 - No Application Source 0 01 - Public Assistance 0 02 - Disability 0 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 49 vtr_nvra_stat.rpt Page 4 of 5Jan 04, 2024 11:17 am NVRA REPORTNEW HANOVER COUNTY BOARD OF ELECTIONS 06 - Mail-in 0 07 - In-person 0 08 - Library & High School 0 09 - Spanish Language Application 0 10 - Online Registration 5 17 - Registration Drives 0 21 - Medicaid Renewal 0 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 0 vtr_nvra_stat.rpt Page 5 of 5Jan 04, 2024 11:17 am V O T E R P HOT O I D New Hanover County Board of Elections Office 1241 A Military Cutoff Road, Wilmington 28405 5 PM - 7 PMJanuary 25, 2024 Have questions about Voter Photo ID? Need a Voter Photo ID for upcoming elections? Looking for more information about Voter Photo ID requirements and your voting options? Staff will be on-site ready to answer your questions, or make you a Voter Photo ID on the spot! www.nhcvote.com(910) 798-7330 FOR MORE INFORMATION: E V ENT AFTER HOURS Special Meeting New Hanover County Board of Elections January 16, 2024 Subject: 2024 Primary Election Notice Applicable Statutes and/or Rules N.C. Gen. Stat § 163-33(8) Summary: County Boards of Election across North Carolina are required to place a legal notice in the paper that informs voters of the upcoming election. This notice must be run in a newspaper having general circulation in the county once a week during the 20-day period preceding the voter registration deadline. Document/s Included: 2024 Primary Election Notice Board Action Required: Staff recommends approval Item # 2 Item # 4a NOTICE OF PRIMARY ELECTION NEW HANOVER COUNTY, NORTH CAROLINA The statewide primary election will be held on Tuesday, March 5, 2024. Voters will be asked to show photo ID when they vote. Voters who lack ID can get one for free from their county board of elections. If a voter does not have ID when they go to vote, they can still have their vote counted by either signing a form at the polls to explain why they are unable to show ID, or by voting a provisional ballot and returning to the county board of elections with their ID by 5 p.m. on March 14, 2024. Find out more at ncsbe.gov/voter-id. Polls will be open from 6:30 a.m. to 7:30 p.m. on Election Day. Early voting will be held at the following locations from Thursday, February 15, 2024, through Saturday, March 2, 2024: • County Board of Elections office at NHC Northeast Library (1241 Military Cutoff Rd) • Cape Fear Community College Health Sciences Building (415 North 2nd St) • Carolina Beach Town Hall (1121 North Lake Park Blvd) • NHC Senior Resource Center (2222 South College Rd) The times and days these sites are open are as follows: February 15-16 8:00 a.m. to 7:30 p.m. February 17-18 CLOSED February 19-23 8:00 a.m. to 7:30 p.m. February 24-25 12:00 p.m. to 5:00 p.m. February 26-March 1 8:00 a.m. to 7:30 p.m. March 2 8:00 a.m. to 3:00 p.m. Absentee ballots will be mailed to voters who have requested them beginning January 19, 2024. Absentee ballots must be received by the county board of elections no later than 7:30 p.m. on March 5, 2024. A voter can fill out an absentee ballot request at votebymail.ncsbe.gov, or by filling out a request form provided by the county board of elections office. The request must be received through the website or by the New Hanover County Board of Elections by 5:00 p.m. February 27, 2024. In the primary election, voters will select nominees for a political party to move on to the general election on November 5th. Contests on the ballot include U.S. President, U.S. House, N.C. Governor and other Council of State Offices, N.C. Supreme Court Associate Justice, N.C. Court of Appeals, N.C. House and Senate, and county offices. In the primary, voters affiliated with a political party will be given a ballot of candidates for their party, if their party has a primary. Unaffiliated voters may choose to vote in any party’s primary, but they may select only one party’s ballot. The voter registration deadline for this election is 5:00 p.m. Friday, February 9, 2024. Eligible individuals who are not registered by that deadline may register and vote at any early voting site during the early voting period. New registrants will be required to provide current documentation of their residence (for example, a government ID, other government document, or a paycheck, bank statement, or utility bill). Voters who wish to change party affiliation must do so by the February 9 deadline. Questions? Call the New Hanover County Board of Elections Office at 910-798-7330 or send an email to newhanover.boe@nhcgov.com. _________________________, Chair New Hanover County Board of Elections StarNews Publication –January 19th, 26th and February 2nd Special Meeting New Hanover County Board of Elections January 16, 2024 Subject: Polling Place Change for Precinct CF02 Applicable Statutes and/or Rules N.C. Gen. Stat § 163-128(a) Summary: The current polling place for precinct CF02, Riverside Park, was closed on Monday, January 8, 2024, until further notice due to structural damage. The NHC Board of Education has agreed to permit the use of Castle Hayne Elementary as a polling place for precinct CF02, pending board approval. The proposed polling place meets all administrative and legal requirements for voting and has ample parking and voting enclosure space to meet the needs of voters in this precinct. Document/s Included: Images of the previous and proposed polling place for precinct CF02; Resolution to Adopt Polling Place Change (CF02) (Provided at Board Meeting) Board Action Required: Staff recommends approval Item # 2 Item # 4b Interior — Riverside Park Exterior—Riverside Park CF02 Polling Place Change: From: Riverside Park 6710 Old Bridge Site Road To: Castle Hayne Elementary 3925 Roger Haynes Drive Castle Hayne Elementary is located in precinct CF02 and has a similar layout as other schools used as polling places, including Masonboro Elementary (M02), College Park Elementary (H04), and Porters Neck Elementary (H13). Parking—Riverside Park CURBSIDE Riverside Park Exterior—Castle Hayne Elementary Interior—Castle Hayne Elementary Parking—Castle Hayne Elementary CURBSIDE Special Meeting New Hanover County Board of Elections January 16, 2024 Subject: Appointment of Early Voting Officials Applicable Statutes and/or Rules Session Law 2023-140 Summary: In accordance with Session Law 2023-140, county boards of elections shall appoint officials to serve at each early voting site, other than the county board office. An email was sent to party chairs on December 18, 2023, to notify the chair of the appointment date and the party’s deadline to submit recommendations of qualified officials, which was by 5:00 pm on Thursday, January 4, 2024 (fifth business day before the appointment date). The county board is not required to accept all recommendations from the party chairs and should select from the list of recommended nominees provided these nominees are qualified and the list was timely submitted. If the party recommendations are not submitted timely or are insufficient to fully staff each early voting site, the board may appoint registered voters in the county who were not recommended by the party chairs. Unlike the appointment of Election Day officials, the county board’s vote to appoint early voting officials who are not recommended by the parties does not need to be unanimous. In making these appointments, the county board may appoint specific individuals to specific sites/shifts or appoint a slate of individuals to serve in the roles of chief judge, judge or assistants at all voting sites. By appointing a slate of individuals, the board can leave the scheduling of officials, which can be quite complex and time consuming, to staff. Early voting officials who work at the county board of elections office are not appointed in the same manner as officials at other early voting sites. These officials are considered county employees and assigned to shifts administratively by staff. For the appointment of replacement chief judges and judges, the board chair may delegate in writing the appointment of replacement chief judges and judges to the county board staff. The delegation should designate the staff member or members with authority to make the appointments and be limited to certain time periods, such as the early voting period. For replacement of assistants due to vacancies, the county board may delegate the replacement of assistants to county board staff. Document/s Included: NCSBOE Numbered Memo 2023-07, Early Voting Template for Party Chairs, 2024 Primary Election Early Voting Official Nominations (Provided at Board Meeting) Board Action Required: Board Action Required Item # 4c P.O. Box 27255 Raleigh, NC 27611 (866) 522-4723 www.ncsbe.gov Numbered Memo 2023-07 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director1 RE: Early Voting Official Appointment DATE: December 19, 2023 This numbered memo provides guidance about the appointment of early voting officials in accordance with the changes made by Session Law 2023-140 (SB 747). This law is effective January 1, 2024. 1.Appointment of Early Voting Officials Appointment by the County Board of Elections For each primary and election, county boards of elections shall appoint precinct officials for each early voting site, other than the county board office. Early voting officials shall be appointed as follows:2 •Chief Judge and Judges. A chief judge must always be appointed to each early voting site for each day of early voting. Two judges shall be appointed to each early voting site for each day of early voting, where possible. County boards should try to ensure all early voting sites have a chief judge and two judges at all times, in the event a voter challenge needs to be heard. If it is not possible, however, county boards should appoint at least one judge per site. o Partisan balance: County boards shall work to ensure, if at all possible, that the chief judge and judges working at any site at the same time do not all belong to the same political party. •Assistants. The county board shall appoint any assistants needed for each early voting site. 1 This memo is issued under the authority delegated by the State Board to the executive director pursuant to G.S. § 163-22(p). 2 G.S. § 163-166.35(a1) (S.L. 2023-140, sec. 27(c)). 2 o Partisan balance: County boards shall work to ensure, if at all possible, that an equal number of assistants are appointed from different political parties. Multiple chief judges, judges, and assistants may be appointed to serve at each early voting site so that chief judges, judges, and assistants may serve for partial shifts throughout each day of early voting or serve for less than the full number of days of early voting. In making its appointments for chief judge and judges, the county board may designate the names of the specific individuals and the sites and shifts that they will serve. Alternatively, the county board may appoint a slate of individuals to serve in given roles at all voting sites, and may leave the scheduling determinations up to the county board staff, provided that the partisan allocation requirements are met, where possible.3 County boards must ensure that there are sufficient officials appointed to each early voting site to properly staff the site and conduct any challenges that are filed. Recommendations by the County Party Chair The chair of each political party in the county shall recommend individuals who are qualified to serve as precinct officials at early voting sites. If the party’s recommendations are received by the county board of elections no later than the fifth business day before the date on which appointments are to be made, the county board of elections shall make appointments from the list of recommendations provided the recommended individuals are eligible to serve as precinct officials.4 The chair of the political party may suggest which individuals they think should fill the roles of chief judge and judges, and to suggest particular sites, dates, or times for particular nominees. However, the county board is not required to accept these recommendations. The board is merely obligated to select from the list of recommended names of nominees, provided the nominees are qualified and the list was timely provided.5 County boards should consider the needs of the voting sites, the partisan balance requirements, and the capability and availability of the 3 G.S. § 163-166.35(a1)(1) (S.L. 2023-140, sec. 27(c)) states: “A chief judge and judges shall be appointed to each early voting site for each day for early voting….” 4 G.S. § 163-166.35(a1)(1) (S.L. 2023-140, sec. 27(c)) states: “The chair of each political party in the county shall recommend individuals who are otherwise qualified to serve as precinct officials at early voting sites.” Qualifications are discussed in Section 3 of this memo. 5 The law authorizes the county party chair to “recommend individuals . . . to serve as precinct officials at early voting sites,” and then requires the county board to “make appointments from the list of recommendations.” G.S. § 163-166.35(a1) (S.L. 2023-140, sec. 27(c). 3 nominees when assigning recommended individuals into roles, sites, and schedules at early voting sites. Before each primary or election, each county board of elections shall set a date when the county board will hold a duly noticed public meeting to appoint early voting officials to sites other than the county board office. A county board may set separate dates for the appointment of chief judges and judges versus assistants. At least 21 days prior to the date set for that meeting, the county board shall send an email or letter via U.S. mail to the chair of each political party organized in the county, notifying the chair of (1) the county board’s appointment date and (2) the party’s deadline to provide recommendations for qualified early voting officials, which shall be the fifth business day before the appointment date. This notice may be sent by the county director of elections.6 If the party’s recommendations are not received by the county board of elections by the fifth business day before the date on which appointments are to be made, or if the party does not submit sufficient recommendations to staff each shift for each early voting site, the county board of elections may appoint registered voters in that county who were not recommended by the party chairs. Unlike for appointing election day officials who are not recommended by the parties under G.S. § 163-41(c) and -42(b), the county board’s vote to appoint early voting officials who are not recommended by the parties under G.S. § 163-166.35(a1) does not need to be unanimous. In making its appointments, the county board shall ensure, wherever possible, that no precinct has a chief judge and judges all of whom are registered with the same party.7 Although the county board must prioritize ensuring each site is adequately staffed for each day of early voting, the county board shall also ensure, wherever possible, that each qualified individual who is timely recommended by a party is appointed to serve in some capacity during early voting. 6 N.C. State Bd. of Elections, Resolution on Appointment of Early Voting Officials (Nov. 28, 2023). 7 See G.S. § 163-166.35(a1)(1) (S.L. 2023-140, sec. 27(c), which requires chief judges and judges to be appointed “in the same manner as allocated to each precinct in the county as provided in G.S. 163-41 where possible.” (Emphasis added.) Subsection (a1)(2) has a similar allocation requirement for assistants, referring to G.S. § 163-42. The “manner” of “allocation” of precinct officials refers to the legal criteria for assigning officials to each site. Under G.S. §§ 163-41 and -42, the legal criteria for assigning officials at particular sites are in-precinct residence and party affiliation. Because in-precinct residence is irrelevant for assignment to an early voting site, which offers the opportunity to vote to all county residents, the only assignment criteria that applies here is party affiliation. 4 3. Qualifications of Officials Individuals appointed to serve as early voting officials must be registered voters and residents of the county in which the early voting site is located. Chief judges and judges must be “of good repute” and “have good moral character,” and be able to read and write.8 An individual is not eligible to serve as a precinct official if they: • Hold any elective office under the government of the United States, or of the State of North Carolina or any political subdivision thereof; • Are a candidate for nomination or election; • Hold any office in a state, congressional district, county, or precinct political party or political organization, or who is a manager or treasurer for any candidate or political party, provided however that the position of delegate to a political party convention shall not be considered an office for the purpose of this subsection;9 or • Are the wife, husband, mother, father, son, daughter, brother or sister of any candidate for nomination or election if the candidate is on the ballot at the early voting site in which the precinct official would serve.10 The following categories of relatives are prohibited from serving at the same voting site at the same time: spouse, child, spouse of a child, sister or brother.11 These individuals may serve at different voting sites at the same time or at the same voting site at different times. Because all county boards use the SEIMS early voting application (SOSA), most early voting officials need to be capable of operating a computer. County boards should work to inform the appointing political parties of this need in advance of submission of the lists to help ensure that workers have the technical skills and other capabilities necessary to conduct early voting. 4. Vacancies A vacancy may occur if an early voting official dies, is removed, or resigns after appointment. A vacancy may also occur if a precinct official is not appointed by the county board, such as where the party does not make sufficient (or any) recommendations and the county board is unable to appoint someone at the meeting designated for such appointments. The process is the same 8 G.S. § 163-41(a), (c). 9 G.S. § 163-41. 10 G.S. § 163-41.1(b). 11 G.S. § 163-41.1(a). 5 whether the vacancy occurs in advance of the early voting period or on the day the person is assigned to serve. Vacancy in the Position of Chief Judge or Judge If a vacancy occurs in the position of chief judge or judge, the chair of the county board of elections shall appoint a replacement.12 If a county political party chair nominated the vacating official, the board chair shall consult with that party chair, if possible.13 If the party chair nominates a qualified replacement, the board chair shall appoint that person. In filling such a vacancy, the board chair shall appoint a person who belongs to the same political party as that to which the vacating member belonged when appointed, where possible.14 If a party chair did not nominate the vacating official, or if there is not time to consult with the party chair, which could occur for example when an official calls out on the day they are scheduled to serve, the board chair is not required to consult with the party chair. The chair may delegate the appointment of replacement chief judges and judges to the county board staff. The delegation should be in writing and should designate the staff member or members with authority to make the appointments. The delegation could also be limited to certain time periods, such as during the early voting period. County boards may wish to appoint alternate chief judge and judges who can step in in the even a chief judge or judge calls out with little notice. This will help ensure that early voting sites are fully staffed at all times. Vacancy in the Position of Assistant If a vacancy occurs in the position of assistant, the county board may appoint someone to fill the role or may delegate this responsibility to county board staff. 12 G.S. § 163-41(d). Because the early voting official appointment law, G.S. § 163-166.35(a1) (S.L. 2023- 140, sec. 27(c)), does not address the process for filling vacancies, the State Board interprets the background law for filling vacancies for chief judges and judges to apply—G.S. § 163-41(d). 13 For example, if there is too little time to consult the party chair before an official must be assigned to a shift at a voting site, that would not make it possible to consult the party chair. 14 As explained in note 7 above, the early voting official appointment law requires allocation of officials for partisan balance, but it guarantees flexibility with the “where possible” language. G.S. § 163- 166.35(a1)(1) (S.L. 2023-140, sec. 27(c)). 6 5. County Board Office For early voting conducted at the county board of elections office, early voting officials are not appointed. Those working at the county board office are considered county employees.15 Such workers are typically assigned to early voting shifts administratively by staff. The board would nonetheless need to designate two workers at the county board office to serve as “judges” and one to serve as a “chief judge” at all times during early voting, for the purposes of deciding any voter challenges or photo ID challenges at that site.16 All such designees may not be affiliated with the same political party. If the county board has designated an “in lieu of” site to be used for early voting instead of the county board office, individuals serving at that site must be appointed.17 If a county board conducts early voting at the same physical address as its office, that site is considered the “county board office,” and officials would not be appointed for that site. 6. Student Election Assistance County boards may appoint student election assistants to early voting sites according to the requirements in 163-42.1.18 7. Training County boards of elections must provide training to all of their early voting officials.19 This training should include instruction about the use of pollbook computers, voting equipment, and all other aspects of early voting. County boards must also ensure that early voting officials are trained on the differences between early voting and Election Day voting, including that early voting ballots are retrievable, the polls are not closed on tabulators during early voting, and the requirements for same-day registration. See Numbered Memo 2023-05 for information about same-day registration. 15 G.S. § 163-166.35(a) (S.L. 2023-140, sec. 27(c)). 16 See G.S. § 163-88 (S.L. 2023-140, sec. 13(b)); G.S. § 163-166.16(b); 08 NCAC 17 .0101(d)(3). 17 See G.S. § 163-166.35(a) (S.L. 2023-140, sec. 27(c)). 18 G.S. § 163-166.35(a1)((3) (S.L. 2023-140, sec. 27(c)). 19 See G.S. 163-82.24(a) (“The State Board of Elections shall promulgate rules for the training of precinct officials, which shall be followed by the county boards of elections.”); 08 NCAC 10B .0101 (requiring chief judges and judges to attend an instructional meeting prior to each primary or election); and 08 NCAC 04 .0305 (requiring the chair of the county board to conduct an instruction meeting before each primary or election to instruct precinct officials in the use of the voting system). 7 8. Oath of Office Chief judges and judges shall take the oath as soon as practicable following their training. They shall also sign the written copy of the oath and file it with the county board of elections. The oath may be administered by the chair of the county board, a notary public, or other officer authorized to administer oaths. Each chief judge and judge shall take the following oath: “I, ____, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain and defend the Constitution of said State not inconsistent with the Constitution of the United States; that I will administer the duties of my office as chief judge of (judge of election in)____ [early voting site name], ____ County, without fear or favor; that I will not in any manner request or seek to persuade or induce any voter to vote for or against any particular candidate or proposition; and that I will not keep or make any memorandum of anything occurring within a voting booth, unless I am called upon to testify in a judicial proceeding for a violation of the election laws of this State; so help me, God.” Each assistant must take the same oath, substituting for the words “chief judge of” for “assistant in.” It is recommended that assistants take the oath of office at the conclusion of their training to ensure that they are properly sworn before beginning their duties as early voting officials. This is not a requirement, but county boards should have a plan in place to ensure all officials take the oath prior to beginning their first shift. 9. Employment Considerations It is permissible to onboard and handle administrative matters for early voting officials through a temp or staffing agency. However, the county board must supervise the day-to-day activities of these officials, must instruct them on what they must do in their positions, and must have ultimate hiring and firing authority over all election officials. Using a temp agency is an administrative convenience. Regardless of whether a temp agency is used to administer poll worker employment, the records of those workers are covered by the confidentiality provisions of G.S. § 153A-98, which include exceptions for certain information. 8 Early voting officials may only be appointed and removed by the county board of elections. Removal may occur only for cause and after notice and a hearing.20 County boards should use the process in 08 NCAC 03 Section .0200 for complaints against precinct officials, including early voting officials, if an early voting official needs to be removed. This does not apply to workers staffing early voting at a county board office. In the event of an urgent need to put an early voting official on leave, such as for egregious misconduct or misbehavior, the county board should immediately notice and call an emergency meeting. The county board could hold the notice and hearing to remove the official at that time, or they could temporarily suspend the official in anticipation of a hearing schedule in the future. If an official is actively violating a criminal law or compromising the integrity of the election, they should be asked to leave, and law enforcement should be called if the official refuses to do so.21 The elections statutes do not set a separate minimum salary for early voting officials.22 Therefore, these officials should be paid at least the state minimum wage, which is $7.25 per hour,23 for time worked and in training. 10. Public Records Requests for Information about Early Voting Officials The confidentiality of county personnel records forbids the release of personnel records for county employees unless the information requested is listed in the statute as a type of information that may be disclosed.24 This law covers county board employees, precinct officials (including early voting officials), and nominees for these positions.25 20 G.S. § 163-33(2). See also G.S. § 163-166.35(a1) (S.L. 2023-140, sec. 27(c), which describes early voting officials as “precinct officials.” 21 G.S. 163-48. 22 Compare with G.S. § 163-46, which sets the minimum wage for elections officials “on the day of a primary, special or general election.” 23 See G.S. § 95-25.3(a), which incorporates the federal minimum wage if higher than the state rate, which it currently is. See 29 U.S.C. § 206(a). 24 G.S. § 153A-98. 25 See Durham Herald Co. v. Cty. of Durham, 334 N.C. 677, 679, 435 S.E.2d 317, 319 (1993), which explains that “employee” is broadly construed under this statute to include “those who apply to county boards or their agents for positions which those boards and their agents are authorized to fill.” 9 Information that may be released includes: name, age, date of original employment or appointment to county service, terms of employment, current position, title, current salary, date and amount of each increase or decrease in salary with that county, date and type of change in position classification with that county, date and general description of reasons for promotion in that county, date and type of disciplinary action taken by county, and office to which employee is assigned (e.g., early voting site assignment).26 Examples of information that may not be released includes: • An application for county employment, whether or not the person actually became an employee, including nomination paperwork, applications for individuals seeking to become election officials, and information on lists created for the purpose of selecting nominees or assigning officials other than items like names that may be disclosed as explained above.27 • The employee’s/appointee’s home address, personal telephone number, personal email address, date of birth, or party affiliation. This information is not on the list of items that may be disclosed to the public, and therefore it may not be provided in response a public records request.28 This does not prevent the disclosure of the lists of names provided by one party or another, as long as the list includes only information that may be disclosed, like name. Other information that is not specifically allowed to be disclosed under G.S. § 153A-98(b) must be redacted, if requested. This list is not exhaustive. Again, information in an election official’s personnel file is confidential and may not be released in response to a public record’s request unless it is on the list of information permitted to be released under G.S. § 153A-98(b). County boards that that have questions about how to respond to a public records request for information about elections officials should contact their county attorney and/or the State Board. 26 G.S. § 153A-98(b). 27 See Elkin Tribune, Inc. v. Yadkin Cty. Bd. of Cty. Comm'rs, 331 N.C. 735, 737, 417 S.E.2d 465, 466–67 (1992). 28 See David Lawrence, Public Records Law, (2d ed. 2009), at 159, 166. Work email addresses and phone numbers, however, are open to the public. 10 11. Frequently Asked Questions About Appointment of Early Voting Officials 1. Do all early voting officials have to be registered voters in the county? Yes. Because they are precinct officials, early voting officials must be registered voters in the county.29 Early voting officials are not required to be registered in a particular precinct since early voting sites serve all voters in the county. 2. What is the minimum number of early voting officials that may serve at a site at a given time? By law, a chief judge must be present at each early voting site at all times.30 Although the statute requires the appointment of two judges only “where possible,” county boards should strive to appoint two judges for each day of early voting to ensure that there are enough officials present to run the site. Voter challenges must be heard by the chief judge and two judges.31 Additionally, curbside voting requires the presence of at least two elections officials.32 There are other reasons why county boards should ensure that more than one early voting official is always present at a site. County boards need to be able to handle unexpected influxes of voters and allow for any needed breaks for workers or unexpected events requiring a worker to leave the site. Having only one official present at the site could also present a safety concern, particularly if it is dark outside and the official is opening or closing the site on their own. 3. Is it permissible to appoint a chief judge and assistants but no judges? No. If there is a sufficient number of individuals to serve as assistants, the county board should first appoint two judges per site. See the answer to Question 2 for more information about the role of judges. 4. What is the term of an early voting official? Early voting officials are appointed for one election only. Unlike Election Day precincts, early voting sites are established by the county board of elections prior to each election. Therefore, it is not possible to appoint early voting officials to serve for more than one election at a time. 29 See G.S. § 163-41 and G.S. § 163-42, which indicate that precinct officials must be registered voters in the county. 30 G.S. § 163-166.35(a1) (S.L. 2023-140, sec. 27(c)). 31 G.S. § 163-88. 32 08 NCAC 10B .0108. 11 5. Can a chief judge at early voting sites also serve as a chief judge at an Election Day precinct? Yes. County boards should ensure that any official who serves in multiple roles at different times understands the distinct duties and responsibilities of each role. 6. Can someone be a chief judge sometimes and an assistant sometimes? Yes. 7. Is there a recommendation for how many officials to appoint? The needs of each site will vary. County boards of elections are best suited to determine the number of officials needed at each site at given times. County boards should consider past early voting turnout in similar elections and whether they may need any additional officials to reduce the possibility of long lines. 8. Can county boards appoint unaffiliated voters to serve as early voting officials? Yes, provided the county board follows the appointment process outlined in this memo. A political party could choose to recommend unaffiliated voters to serve as early voting officials, or, if the political party does not submit sufficient names, the county board could appoint unaffiliated voters. 9. What are the restrictions on political activity for early voting officials? The restrictions on political activity for early voting officials are the same as for Election Day officials. See Section 3 of this memo for a list of qualifications. Elections officials also have a duty of impartiality and honesty and may not engage in any political activity while on duty.33 They should also refrain from any political activity during the early voting period that could lead someone to question their ability to serve as impartial elections officials. A precinct official may be removed for “incompetency, failure to discharge the duties of office, failure to qualify within the time prescribed by law, fraud, or for any other satisfactory cause.”34 Precinct officials should therefore avoid any activity that could lead to their removal under this section. 33 G.S. § 163-47(a) and 08 NCAC 10B .0101(a). 34 G.S. § 163-33(2). 12 10. What does it mean for a chief judge or judge to be “of good repute” or have “good moral character”? Although not defined in the statute, the North Carolina Supreme Court has described good moral character as follows: [Good moral character] is something more than the absence of bad character. It is the good name which [a person] has acquired, or should have acquired, through association with his fellows. It means that he must have conducted himself as a man of upright character ordinarily would, should or does. Such character expresses itself, not in negatives nor in following the line of least resistance, but quite often in the will to do the unpleasant thing, if it is right, and the resolve not to do the pleasant thing, if it is wrong.35 This definition has been applied in the context of civil cases (such as for applicants to become members of the legal profession)36 and in criminal contexts.37 Good moral character may include an absence of “significant history of prior criminal activity,” but it is “more than simply the absence of criminal convictions.”38 If a county board becomes aware of reasons to question a potential precinct official’s “good repute” or “good moral character,” the county board should evaluate the basis of these concerns in light of the important responsibilities that these officials are entrusted with. In other words, they should consider whether the reasons to question the person’s good repute or moral character are particularly relevant to the election official role. State law permits the rejection of a recommended poll worker for lack of good repute or good moral character, because these are statutory qualifications for the role.39 If a county board is going to consider and deliberate on any reasons to question a prospective poll worker’s good moral character or good repute, it should do so in closed session.40 35 In re Rogers, 297 N.C. 48, 58 (1979) (quoting In re Applicants for License, 191 N.C. 235, 238 (1926)). 36 See, e.g., Rogers, 297 N.C. at 48. 37 See, e.g., State v. Johnson, 298 N.C. 47 (1979). 38 Johnson, 298 N.C. at 72. 39 G.S. § 163-41(a), (c). 40 See G.S. § 143-318.11(a)(6). 13 11. Can we make recommendations to the parties as to who recommend for appointment of early voting officials? Yes. Additionally, the county board should consider providing to the party chairs information about what makes an early voting official successful, such as: • Having prior experience as an early voting worker or Election Day precinct official. • Availability to assist with setup and breakdown of early voting locations. • Ability to use computers: laptops and printers for elections applications, entering data into election applications and using voter look-up tools, learning and executing opening and closing procedures for voting machines (tabulators and ballot marking devices). • Ability to lift or assist in moving voting machines, supply boxes, and other materials needed to operate an early voting location. (If physically unable, the county should work to accommodate so the site is otherwise staffed with someone who is able to do these things.) • Ability to work as part of team and take direction. • Availability to attend county board trainings. • Ability to reliably work needed shifts. • Ability and desire to work as an impartial election official who will treat all voters with fairness and respect. 12. May a party chair submit untrained individuals to receive preference over experienced workers? The statute requires early voting officials to be appointed from the lists of names submitted by the parties. It does not authorize the parties to decide when, where, and in what role an appointee serves. See the answer to the prior question for more information about recommendations for communicating with the county party chair to help ensure sure they recommend successful early voting officials. 13. What happens if the chief judge, judge, or assistant does not show up for a shift at an early voting site? Who will appoint their replacement? See Section 4 of this memo regarding vacancies. 14. Is it permissible to appoint multiple individuals to serve as chief judge and judge so that the county board staff can then assign them daily (always ensuring partisan balance, where possible) with staff assigning days and shifts as needed and according to the worker’s availability? Yes. G.S. § 163-166.35(a1) does not prohibit a county board from assigning multiple individuals to serve in the same roles, or from assigning the same individual to possibly serve in multiple roles, provided the partisan balance requirements are met when officials are staffing an early 14 voting site. If the county board chooses to appoint early voting officials in such a manner, staff are responsible for ensuring that each site is appropriately staffed, that partisan balance requirements are met where possible, and that officials serving understand their roles and responsibilities. DATE NAME STREET ADDRESS CITY, STATE, ZIP CODE RE: NOTICE OF APPOINTMENT OF EARLY VOTING OFFICIALS Pursuant to Session Law 2023-140 (SB 747), county boards of elections are required to appoint precinct officials for each early voting site other than the county board of elections office, for each primary or election. The session law further provides that county boards shall appoint qualified nominees from lists provided by the chair of each county political party if such recommendations are received “no later than the fifth business day preceding the date on which appointments are to be made.” This letter is to notify you that the New Hanover County Board of Elections is scheduled to meet on, Tuesday, January 9, 2024, at 5:39 p.m. to appoint early voting officials for the upcoming election . In accordance with Session Law 2023-140, the deadline for recommendations to be received by this office is 5 p.m. on Thursday, January 4, 2024. The following are the qualifications for precinct officials pursuant to N.C.G.S. § 163-41 and -41.1: • Must be a registered voter and resident of the county; • Must be of good repute and have good moral character; • Must be able to read and write; • Must not hold any elective office under the government of the United States, or of the State of North Carolina or any political subdivision thereof; • Must not be a candidate for nomination or election; • Must not hold any office in a state, congressional district, county, or precinct political party or political organization, or who is a manager or treasurer for any candidate or political party, provided however that the position of delegate to a political party convention shall not be considered an office for the purpose of this subsection; or • Must not be the wife, husband, mother, father, son, daughter, brother or sister of any candidate for nomination or election if the candidate is on the ballot at the site in which the precinct official would serve. • The following categories of relatives are prohibited from serving at the same voting site at the same time: spouse, child, spouse of a child, sister or brother. These individuals may serve at different voting sites at the same time or at the same voting site at different times. Precinct officials are required by law to take an oath before serving, which pledges them to administer their duties “without fear or favor;” to “not in any manner request or seek to persuade or induce any voter to vote for or against any particular candidate or proposition;” and to “not keep or make any memorandum of anything occurring within a voting booth, unless [they are] called upon to testify in a judicial proceeding for a violation of the election laws of this State.” N.C.G.S. § 163-41(e). We request that when you consider making these recommendations that you keep in mind the special requirements for staffing early voting sites, including: • Availability to assist with setup and breakdown of early voting locations • Ability to use computers: laptops and printers for elections applications, entering data into election applications and using voter look-up tools, learning and executing opening and closing procedures for voting machines (tabulators and ballot marking devices) • Ability to lift or assist in moving voting machines, supply boxes, and other materials needed to operate an early voting location. (If physically unable, the county will work to accommodate so the site is otherwise staffed with someone who is able to do these things.) • Ability to work as part of team and take direction • Availability to attend [LIST COUNTY TRAINING REQUIREMENTS, DAYS AND HOURS] • Ability to work during the Early Voting Period, beginning at 7:00 AM on Thursday, February 15, 2024, and ending upon the conclusion of closing tasks on Saturday, March 2, 2024. During this period, we run two shifts a day, with a few exceptions: o Early Shift is tentatively scheduled for 7:30 AM to 1:30 PM each weekday the sites are open • The first day of Early Voting all Early Shift employees are required to arrive at 7:00 AM • Weekend hours differ from weekday hours, and staff may be asked to work the full weekend day given the open hours are shorter than weekday hours. o Late Shift is tentatively scheduled for 1:30 PM to 8:00 PM each weekday the sites are open • The last day of Early Voting, all Late Shift employees are required to assist in the breakdown of the site after the polls are closed, departure time is dependent upon the completion of that process. • Weekend hours differ from weekday hours, and staff may be asked to work the full weekend day given the open hours are shorter than weekday hours. Please note that working early voting is different from Election Day. The work is similar, but early voting involves some additional complexity. For example, at early voting, electronic pollbooks must be used at check-in station and the help station, same-day registration is permitted, and at the ballot table workers must record the application number and precinct on ballots as they must be retrievable. Additionally, early voting is multiple days, and the county board will need to ensure that every site is adequately staffed for every day of the early voting period. Early voting begins on Thursday, February 18, 2024, at 8:00 AM and continues through Saturday March 2, 2024, at 3:00 PM. We anticipate needing approximately 275 workers in total to staff our early voting sites. If the party’s recommendations are not received by 5 p.m. on Thursday, January 4, 2024, or, if the party does not submit sufficient recommendations for each early voting site, the county board of elections may appoint to serve as chief judge, judge, and assistant registered voters in that county who were not recommended by the party chairs. If you have any questions, please do not hesitate to reach out. Best Regards, Rae Hunter-Havens Director of Elections Special Meeting New Hanover County Board of Elections January 16, 2024 Subject: Closed Session Chairman Statement Prior to Closed Session: I move that the Board enter into closed session, under N.C. Gen. Stat. § 143-318.11(6) to discuss personnel matters. Applicable Statutes and/or Rules: N.C. Gen. Stat. § 143-318.11(6) Summary: Closed session is required to discuss personnel matters under N.C. Gen. Stat. § 143-318.11(6). Board Action Required: Discuss as necessary Returning to Open Session: I move that the Board return to open session, under N.C. Gen. Stat. § 143-318.11(6), to conduct business remaining before the Board. Item # 2 Item # 5 Special Meeting New Hanover County Board of Elections January 16, 2024 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 # 6