HomeMy WebLinkAboutBoard Meeting Agenda Packet 12-02-2024MEETING AGENDA
Date: December 2, 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 Joan Geiszler-Ludlum, Administrative Technician
Bruce Kemp, Member
Tom S. Morris, Member
Visitor(s): Karen Richards, Deputy County Attorney
AGENDA ITEMS
1.Meeting Opening
a.Call to Order
b.Pledge of Allegiance
c.Approval of Agenda
2.Public Comment Period
•2-minute limit
•10-minute limit total
3.New Business
•Hearing on Elections Protest
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
December 2, 2024
Subject:
Approval of Agenda
Summary:
N/A
Board Action Required:
Staff recommends approval
Item # 1c
Special Meeting
New Hanover County Board of Elections
December 2, 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 10 minutes total for the public
comment period.
Board Action Required:
Discuss as necessary
Item # 2
Special Meeting
New Hanover County Board of Elections
December 2, 2024
Subject:
Hearing on Protest
Applicable Statutes and/or Rules:
N.C. Gen. Stats § 163-182.10, 08 NCAC 02 .0110; NCSBOE Elections Protest Procedure Guide
Summary:
On November 12, 2024, the New Hanover County Board of Elections, along with many other county
boards of elections in the state, received an election protest from Jefferson Griffin, candidate for NC
Supreme Court Associate Justice Seat 06. This protest submitted to our office alleges there was a
violation of election law, irregularity, or misconduct sufficient to cast doubt on the apparent results of
the election. The NC State Board of Elections issued a written order on November 20, 2024, regarding
the Griffin protest assuming jurisdiction over the counts that affect multi-county elections. These
protests affected multi-county elections include the following:
a.Ballots were cast by overseas citizens who have not resided in North Carolina but whose parents
or legal guardians were eligible North Carolina voters before leaving the United States.
b.Ballots were cast by military or overseas citizens under Article 21A of Chapter 163, when those
ballots were not accompanied by a photocopy of a photo ID or ID Exception Form; and
c.Ballots were cast by registered voters whose voter registration database records contain neither
a driver’s license number nor the last-four digits of a social security number.
The county boards of elections assume jurisdiction over all other protests that were timely filed and
county specific. Per the order, at the preliminary consideration, the county board shall advance the
protest to a hearing and provide notice to all relevant parties if the protest was filed timely and
substantially complies with NC. Gen. Stat. § 163-182.9.
The county specific protests include the following:
a.NC DHHS Deceased with Votes
b.NC Felons with Votes
c.NC Denied Voters with Votes
d.NC Removed Voters with Votes
Item # 2 Item # 3
Per N.C. Gen Stat. § 163-182.10(a), the Board conducted a preliminary hearing on November 20, 2024,
and determined that the protest substantially complies with N.C. Gen. Stat. §163-182.9 and established
probable cause as to an outcome-determinative violation of election law or irregularity or misconduct.
At the protest hearing, the burden of proof is on the protestor. To sustain an election protest, the
county board must find substantial evidence of an irregularity or misconduct that impacted the election
results:
Substantial evidence is more than a mere scintilla. It means such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion. It must do more than create
the suspicion of the existence of the fact to be established…. [I]t must be enough to justify, if the
trial were to a jury, a refusal to direct a verdict when the conclusion sought to be drawn from it
is one of fact for the jury (Humble Oil & Ref. Co. v. Bd. of Aldermen, 284 N.C. 458, 470–71
(1974)).
At the protest hearing, the county board may receive evidence from any person with information
concerning the subject of the protest. Evidence may be in the form of affidavits, witness testimony, or
other evidence. This evidence may include testimony from county board staff regarding official county
board records pertaining to the voters whose ballots have been called into question by the protests.
Each witness shall be placed under oath before testifying. The following oath may be
used:
“Do you swear (or affirm) that the testimony you shall give to the board shall be the truth, the
whole truth, and nothing but the truth; so help you, God?”
In accordance with N.C. Gen. Stat § 63-182.10(d)(2)(c), the county board shall dismiss the protest if it
fails to show “substantial evidence of any violation, irregularity, or misconduct sufficient to cast doubt
on the results of the election.”
Alternately, If the county board concludes, from evidence provided, that a voter was not eligible to vote
in the election, and therefore their ballot should not have counted, then the board could make the
conclusion in NCGS 163-182.10(d)(2)d.: “There is substantial evidence to believe that a violation of the
election law or other irregularity or misconduct did occur, and might have affected the outcome of the
election, but the board is unable to finally determine the effect because the election was a multicounty
election.” The board does not retrieve the voter’s ballot in these circumstances.
Instead, when making that conclusion, the statute provides the following instruction: “If the county
board makes this conclusion, it shall order that the protest and the county board’s decision be sent to
the State Board for action by it.” When this occurs, the county board’s written decision should include
findings about the voters, if any, that were determined to be ineligible to vote in the election and whose
ballots are included in the official count. This includes the number of voters and reasons why each one
was not eligible.
The county board shall notify the person protesting, any affected candidate, and any affected
officeholders of its decision in a protest hearing no later than 5:00 pm the next day after the conclusion
of the hearing itself. The board shall file a written decision with the board office no later than 5:00 pm
three business days after the conclusion of the protest hearing. The written decision shall include
findings of facts and conclusions of law as specified in G.S. § 163-182.10 (d).
If the personal or business interests of a board member may conflict with their official duty to consider
this matter, then that board member must recuse himself or herself from all discussion and decision
making regarding the elections protest. At the very least, the board member must step down from the
dais. In addition, nonverbal communication can be powerful so it may be appropriate for the recused
board member to leave the room entirely during the preliminary consideration stage of this process.
Document/s Included:
NCSBOE Elections Protest Procedure Guide, NC State Board of Elections Written Order, Jefferson Griffin
Protest Documents
Board Action Required:
Discuss as necessary and action required
DISCLAIMER: This guide was prepared by State Board of Elections legal staff for general in-
formational purposes and does not constitute legal advice. The agency does not warrant that
content is comprehensive or current. Always consult applicable laws and rules.
Mailing Address: P.O. Box 27255 Raleigh, NC 27611
(919) 814-0700 or (866)522-4723
Fax: (919) 715-0135
Election Protest Procedures Guide
1.OVERVIEW
The apparent results of an election may be called into question through a formal complaint called
an “election protest” based on irregularities or misconduct that affected the outcome of the election. State law allows voters or candidates to bring an election protest alleging a defect in the
way votes were counted or alleging some of other violation of election law, irregularity, or misconduct.
An election protest proved by substantial evidence can correct results, cause a recount, or can even result a new election, among other things.1
An election protest is initiated when a candidate or registered voter eligible to participate in the protested contest files a protest with the county board of elections where the alleged problem
occurred. The county board first engages in a preliminary consideration and decides whether the protest demonstrates probable cause and whether it substantially complies with the filing
requirements. If it does, the protest advances to a protest hearing where the board will assess evidence in the form of witness testimony, affidavits, documents, and any other evidence presented. The county board will determine whether there is substantial evidence that voting irregularities occurred and whether the irregularities were outcome-determinative. An interested party may appeal the county board’s determination to the State Board. A final State Board decision
may be appealed to the Superior Court in Wake County.
Unless otherwise indicated, applicable statutes and rules are available at Article 15A of Chapter
163 of the North Carolina General Statutes and Chapter 02 of Title 08 of the North Carolina Administrative Code.
2.FILING A PROTEST
Who may file an election protest A registered voter who was eligible to vote in the protested election contest or who was a candidate in that election may file an election
protest.2
1 G.S. § 163-182.10(d)(2)(c); § 163-182.13.
2 G.S. § 163-182.9(a).
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Where and what to file in an election protest
A protest must be filed in writing on the Election Protest Form, available on the State Board’s website, and must be signed and
sworn by the protester.3 The protest form is designed to be filed by one individual. The State Board or county board reserves the right
to combine multiple similar protests. The protest must be filed with the county board of elections in
which the alleged issue occurred. The county board should date stamp the protest when it is received.
When to file an election protest
Election protests must be filed within the following time frames4:
Protest Issue Deadline
Manner in which votes were
counted or results were
tabulated
Before the county canvass
meeting
Manner in which votes were counted or tabulated and
protest states good cause for delay in filing
By 5 p.m. on 2nd business day after the county canvass
meeting
Irregularity other than
counting of votes or tabulation
of results (protest filed on or after Election Day)
By 5 p.m. on 2nd business day
after county canvass
Irregularity other than vote
counting or tabulation, and protest filed before Election Day
Example: Candidate
Challenge filed after
deadline under G.S. § 163-127.2
Stay (delay proceedings) until
after Election Day if:
• Ballots have already been printed;
• Voter registration deadline has already passed; or
• Any of the protest proceedings will occur within 30 days of
election.
*NOTE: The protest should
not be stayed if the defending party consents to proceed
3 G.S. § 163-182.9(b) and (c); 8 NCAC 02. 0111.
4 G.S. § 163-182.9(b)(4).
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A county board of elections shall not delay canvass in order to
hear the protest if the protest:
• Does not concern the manner in which votes were counted or results tabulated; or
• Alleges the occurrence of an election law violation
regarding an insufficient number of votes to change the outcome of a contest.5
Untimely Protest A county board may not hear an untimely protest. Untimely protests shall be forwarded to the State Board of Elections.6 The
State Board has broad authority to consider election protests on its own, including those that were not filed on time.7 However, it is
not required to consider untimely or improperly filed protests.
Challenge to a Candidate’s Eligibility A challenge to a candidate’s eligibility is as a candidate challenge
filed under Article 11B of Chapter 163. If a challenger discovers one or more grounds for challenging a candidate after the deadline
in G.S. § 163-127.2(a), the grounds may be the basis for an election
protest. If an election protest is filed on the basis of a candidate’s eligibility, the burden of proof is on the protester, not the candidate.8
5 08 NCAC 02. 0110(f).
6 08 NCAC 02. 0110(b).
7 G.S. § 163-182.12.
8 G.S. § 163-182.10(d)(2). See Appeal of Ramseur, 120 N.C. App. 521 (1995) and In re Protest of Lilly, Order, State
Board of Elections (Aug. 3, 2020).
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Notice to the State Board & the County Attorney
A county board must provide to the State Board a copy of any filed election protest and attachments within 24 hours after it is filed.
Protests should be emailed to legal@ncsbe.gov.
It is best practice to notify your county attorney immediately when a protest is filed. Historically, county attorneys have offered guidance and assistance in the proceeding and in drafting orders.
The county attorney may also be able to help secure a court reporter for the proceedings.
Protests of Recounts Any candidate shall have the right to file an election protest within 24 hours after a recount is completed or by noon of the next business
day of the county board office, whichever is later, if the protest relates to the conduct of the recount. Allegations unrelated to the
recount may not be included in the protest.9 A voter who was not a candidate in the contest subject to the recount is not eligible to file a protest of the recount unless the protest is filed within the time
specified by G.S. § 163-182.9.
3. ADMINISTRATIVE DISMISSAL
When an election protest is filed with the county board, the director shall review the allegations
and evidence. By rule, a county elections director may recommend administrative dismissal of a protest if it meets certain criteria. If the director finds that the filing must be dismissed because it was improperly filed, the director shall transmit their recommendation in writing to the county
board members and executive director of the State Board no later than two business days after the
matter is filed. The recommendation shall cite the applicable defects listed in the administrative
rule and below. If, after two calendar days, neither a county board member nor the executive director of the State
Board has raised any oral or written objection to the county director’s recommendation for
administrative dismissal, written notice of the administrative dismissal shall be sent to the protester
(see Notice of Administrative Dismissal, below).10 The county director shall confirm that the county board members have received the filings and the director’s administrative recommendation before proceeding to issue a notice of dismissal.
The county board of elections director shall administratively dismiss an election protest if:11
9 08 NCAC 09 .0106(g).
10 08 NCAC 02 .0114(b).
11 08 NCAC 02 .0114(a).
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• The election protest fails to contest the manner in which the votes were counted or the
results tabulated, or if it fails to allege a violation of election law or irregularity or
misconduct sufficient to cast doubt on the results of the election.
• The individual making the election protest was neither a registered voter eligible to
participate in the protested contest nor a candidate for nomination or election in the
protested contest.
• The election protest was not filed in accordance with G.S. § 163-182.9 or was not filed
on the form proscribed in 08 NCAC 02 .0111.
• The election protest is duplicative or was made for the purpose of delay.
• The election protest fails to include evidence which, if true, would substantiate the
probable occurrence of an outcome-determinative defect in the manner in which voters
were counted or results tabulated, or the probable occurrence of an outcome-
determinative violation of election law, irregularity, or misconduct.
• The election protest, including all subsequent submissions, fails to allege facts sufficient
to constitute substantial evidence of the occurrence of an outcome-determinative
violation of election law, irregularity, or misconduct.
The written notice of administrative dismissal shall:
• Be sent by certified mail or commercial carrier such that the date of delivery may be
verified, unless the recipient has agreed in writing to receive notice by electronic means;
• State that the matter was provided to the county board of elections members, but will not
be heard by the county board; and
• State that the matter has been dismissed administratively, citing this rule and all applicable
bases for dismissal in 08 NCAC 02 .0114(a).
The protester may appeal the county director’s administrative dismissal to the Executive Director
of the State Board using the form listed in 08 NCAC 02 .0114(d). The appeal must be received by
the State Board office by US mail, courier service, or hand delivery no later than five business days after the protester received written notice of the county director’s administrative dismissal. If an election protest is not administratively dismissed by the county director, the protest will proceed to the preliminary consideration stage.
4. CONSIDERATION BY THE COUNTY BOARD OF ELECTIONS
An election protest advances in two stages. Each stage has a different evidentiary standard.
a. PRELIMINARY CONSIDERATION
The county board must notice a meeting and convene as quickly as possible to determine (1)
whether the protest has substantially complied with the form requirement, and (2) whether the
protest establishes probable cause.
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The county board should provide individualized notice to the protester and affected candidates
regarding the preliminary consideration meeting. However, because the county board is
considering whether the complaint on its face establishes probable cause, it is not required that
these individuals be allowed to speak at the preliminary consideration stage.
The county board will review the filed protest to consider whether it establishes probable cause
of an outcome-determinative irregularity, violation of law, or misconduct.12
Probable cause is a commonsense, practical standard: Is the material submitted by the
protester sufficient for a reasonable and prudent person to believe that the apparent result
of the election was swayed by election law violations, irregularity, or misconduct. It does not
mean that such a belief is necessarily correct or more likely true than false. A probability of an
outcome-determinative irregularity is sufficient.13
The county board should analyze all the facts alleged (called reviewing “the totality of the
circumstances”). The county board should consider only allegations presented on the protest form
and any attachments. The preliminary consideration is not an opportunity to present new evidence.
If the county board determines that the protest does not meet this standard, it should dismiss the
protest.
During its preliminary consideration, the county board will also determine whether the protester
substantially complied with the requirements of G.S. § 163-182.9. These requirements include
that the protester is eligible to file a protest, that the protester filed the protest in writing and
included required information on the form, and that the protest was timely filed.14 If the county
board determines that the protest does not meet these procedural requirements, it must dismiss the
protest.
If it dismisses the protest, the county board must memorialize its decision in the form of a written
order and provide the decision to the protester and the State Board. The order must be filed in the
county board office within 5 business days of the decision at the meeting, and the order should be
served on the protester and any affected candidate or officeholder within 24 hours after being filed
at the board office (and preferably served immediately via email).15 The county attorney should
assist with drafting an order and should attend the meeting if possible. A party may amend the
protest, if the deadline to file a protest has not passed, or appeal a county board’s dismissal to the
State Board.16
12 G.S. § 163-182.10(a)(1). The State Board clarified in a 2016 order, and in 2018 by rule, that a protest will be dis-
missed if it merely disputes the eligibility of a voter without alleging an outcome‐determinative violation of election
law, irregularity, or misconduct.
13 Adams v. City of Raleigh, 782 S.E.2d 108, 113–14 (N.C. Ct. App. 2016).
14 G.S. § 163-182.9.
15 08 NCAC 02 .0110(e)(2).
16 G.S. §§ 163-182.12 to 182.13; see also 8 NCAC 2.0112.
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If the county board finds probable cause, and that the procedural requirements are met, the protest
advances to a protest hearing.
b. PROTEST HEARING
A protest hearing must be noticed at least three business days prior to the hearing.17 The notice
must be actual notice (meaning notice is actually received) in a manner up to the county board, but
it must quickly follow any oral notices with a written notice. Notice must be provided to the
following parties: the protester, any candidate likely to be affected, elections officials alleged to
have acted improperly, and those persons likely to have a significant interest in the resolution of
the protest.18 Notice must also be provided to the political parties.
When the protest hearing is held depends on the substance of the election protest, but the hearing
may be held no later than 10 business days after the preliminary consideration hearing. If the
protest relates to vote tabulation or vote counting, and the alleged number of votes affected could
affect the outcome of the election, the protest hearing shall be held at the county canvass.19
If the delay of the canvass is required to resolve a protest, canvass on only affected ballot items
may be delayed for no more than three days, unless a longer delay is approved by the State Board.
If the protest relates to an election-related irregularity other than results tabulation or vote counting,
the protest is not required to be resolved by canvass, and the county board shall set a hearing date
within 10 days of the preliminary consideration hearing.20
The protest hearing shall be recorded by a court reporter or by audio/video recording. G.S.
§ 163-182.10(c)(3). If an audio/video recording is made, the county board must ensure it is
high quality and can be readily transcribed.
If the protest is appealed to the State Board, the county board will be required to obtain a
transcript of the hearing. The county board shall order a transcription of the recording and have it delivered to the State Board, at the county board’s expense, within seven business
days of the notice of appeal. 21
The burden of proof is on the protester.22 To sustain an election protest, the county board must
find substantial evidence of an irregularity or misconduct that impacted the election results.
17 G.S. § 163-182.10(b).
18 08 NCAC 02. 0110(d).
19 Order, Authentication of the 2016 Gen. Election, N.C. Bd. of Elections (Nov. 28, 2016).
20 08 NCAC 02. 0110.
21 08 NCAC 02. 0110(d)(3).
22 Appeal of Ramseur, 120 N.C. App. 521 (1995); Appeal of Harper, 118 N.C.App. 698 (1995) (“When an unsuc-cessful candidate seeks to invalidate an election, the burden of proof is on him to show that he would have been suc-cessful had the irregularities not occurred.”).
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Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate
to support the conclusion that certain irregularities occurred and that they swayed the
results of the election. Substantial evidence is “more than a scintilla or a permissible inference.”
Rather, the evidence must be strong enough to establish to a reasonable person that the claimed
irregularities occurred and that those irregularities swayed the election.23
At the protest hearing, the county board may receive evidence from any person with information
concerning the subject of the protest. Evidence may be in the form of affidavits, witness testimony,
or other evidence. Each witness shall be placed under oath before testifying.24 The protester shall
submit his or her allegations and introduce the evidence. Any other person to whom notice was
given may, if present, present evidence. Individuals with relevant information who did not receive
notice of the hearing but have “significant interest” in the protest’s resolutions may also submit
evidence if that interest is not adequately represented by other participants.25
The board’s chair or any two members may subpoena witnesses or any documents.26 The county
board has the power to subpoena appropriate witnesses within its “respective jurisdiction[].”27
Although the North Carolina Rules of Evidence (Chapter 8C) and Rules of Civil Procedure
(Chapter 1A) do not apply to protest proceedings, county boards are well advised to use these rules
to guide the conduct of their quasi-judicial protest hearings, where practical. In making decisions
on how the parties may present their cases at the hearing, the county board must ensure the
elements of a fair trail are met. This includes the opportunity offer evidence in support of one’s
position and against the other, to cross-examine adverse witnesses, and to inspect any documentary
evidence presented.28
Many county boards find it expedient for the board chair, as the presiding officer of the hearing,
to make basic evidentiary and procedural rulings to ensure the fair and efficient presentation of
each side’s case. Some boards also find it useful to issue prehearing orders to the parties from the
chair or board that set some of the ground rules, parameters, and sequencing of the hearing.
The county board shall dismiss the protest if it fails to show “substantial evidence of any violation,
irregularity, or misconduct sufficient to cast doubt on the results of the election.”29 Again, the
protest’s success depends on whether the affected ballots or irregularities could have
23 Lackey v. N.C. Dep't of Hum. Res., 306 N.C. 231, 238, 293 S.E.2d 171, 176 (1982); Humble Oil & Ref. Co. v. Bd.
of Aldermen, 284 N.C. 458, 470–71 (1974).
24 The following oath as outlined in G.S. § 11-11 may be used: “Do you swear (or affirm) that the testimony you
shall give to the board shall be the truth, the whole truth, and nothing but the truth; so help you, God?”
25 G.S. § 163-182.10(c)(2).
26 G.S. § 163-182.10(c)(1). A blank subpoena form may generally be obtained from the local clerk of court.
27 G.S. § 163-33.
28 Coastal Ready–Mix Concrete Co. v. Board of Comm'rs of Nags Head, 299 N.C. 620, 626, 265 S.E.2d 379, 383 (1980); Cook v. Union Cnty. Zoning Bd. of Adjustment, 185 N.C. App. 582, 594, 649 S.E.2d 458, 468 (2007). 29 G.S. § 163-182.10(d)(2)(c).
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changed the election’s outcome. Allegations of unqualified voters participating may not be
brought as election protests; these must be brought as voter qualification challenges filed within
the time period required by law. In an election protest, evidence of unqualified individuals voting
may only be used as evidence if those individuals’ votes could have impacted the election’s
outcome.30
If the county board determines there is substantial evidence that a violation did occur and it was
“sufficiently serious to cast doubt on the apparent results of the election,” it may declare new
results, order a recount, send the protest and conclusion to the State Board, or any other action
within its authority.31 Alternately, if the county board finds there is substantial evidence to believe
there was a violation occurred but it cannot conclude the violations were outcome-determinative
for multi-county or statewide contests, the county board shall send its decision to the State Board.32
The State Board will then determine whether the improper ballots were sufficient to change the
election’s result.
The county board shall orally or in writing notify the person protested and any affected candidate
of its decision on the protest no later than 5:00 p.m. the calendar day after hearing. The board shall
file a written decision with the board office no later than 5:00 p.m. five business days after the oral
decision is given to the protester. The written decision shall be served by any means of actual
delivery upon the protester and any affected candidate within 24 hours after it is filed at the board
office (immediate notification via email is preferred).33 The written decision shall include findings
of fact and conclusions of law as specified in G.S. § 163-182.10(d).
5. APPEAL
The decision by the county board of elections on the election protest may be appealed to the State
Board.
Who may appeal a
county board decision
The individual who filed the election protest, the candidate or
elected official adversely affected by the decision, or any other person with a significant interest adversely affected and who
participated in the hearing may file an appeal. Appeal is to the State Board.34
How and when to file in an appeal
The appeal contains two parts. First, an appealing party must notify the county board in writing of the party’s intent to appeal within 24 hours of the board’s written decision. The notice of appeal is not
required to include a copy of the appeal form itself. Second, the
30 Order, In re Authentication of the 2016 Gen. Election, N.C. Bd. of Elections (Nov. 28, 2016) (link).
31 G.S. § 163-182.10(d)(2)(e).
32 G.S. § 163-182.10(d)(2)(d).
33 08 NCAC 02. 0110(d)(2).
34 G.S. § 163-182.11(a).
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appealing party must timely file an appeal to the State Board. The appeal must be in writing and on the Election Protest Appeal
Form.35 The appeal form is available here on the Office of Administrative Hearing’s website.
The appeal must be delivered to the State Board in person or by mail. A person seeking to appeal the protest should also email a
copy of the appeal to legal@ncsbe.gov as soon as it is put in the mail or delivered.
If the protest decision concerns a first primary, the appeal must be delivered or deposited in the mail by the end of the second calendar
day after the day the county board issued its written decision. If the protest decision concerns any other election, the appeal must be
delivered or deposited in the mail by the fifth calendar day after the county board issued its written decision.36
The State Board has broad discretion in its appellate role. It may decide the appeal on the existing
record or it may require the county board or an interested party to supplement or add to the
evidence.37 Alternatively, the State Board may conduct its own protest hearing and decide the
protest based on that proceeding.38 Finally, it may remand back to the county board with an
order.39
Unsubstantiated or improperly filed election protests may be administratively denied by the
executive director pursuant to 08 NCAC 02 .0114(e). If, after three calendar days of the executive
director’s administrative denial recommendation, no State Board member interposes an objection,
the protest appeal will be denied.
Most protest decisions of the State Board may be appealed to the Superior Court of Wake County
within 10 days of the date of service of the decision. Contested elections for Council of State or General Assembly are appealable to the General Assembly rather than superior court.40
35 G.S. § 163-182.11(a).
36 G.S. § 163-182.11(a).
37 G.S. § 163-182.11(b)(1)-(3).
38 G.S. § 163-182.11(b)(4).
39 G.S. § 163-182.11(b)(5).
40 G.S. § 163-182.14.
STATE OF NORTH CAROLINA
WAKE COUNTY
BEFORE THE STATE BOARD OF ELECTIONS
IN RE PROTESTS OF JEFFERSON
GRIFFIN, ASHLEE ADAMS, FRANK
SOSSAMON, AND STACIE MCGINN
)
)
)
)
)
ORDER
THIS MATTER CAME BEFORE THE STATE BOARD OF ELECTIONS in a remote meeting
conducted via WebEx videoconference on November 20, 2024, upon its own motion, to consider
actions by the Board to facilitate review of election protests filed by Jefferson Griffin regarding
the Supreme Court Associate Justice contest, Ashlee Adams regarding the NC Senate District 18
contest, Frank Sossamon regarding the NC House District 32 contest, and Stacie McGinn
regarding the NC Senate District 42 contest.
Pursuant to N.C.G.S. 163-182.12, the State Board ORDERS as follows:
1. The State Board takes jurisdiction over protests filed with the county boards of elections
by Jefferson Griffin, Frank Sossamon, Ashlee Adams, and Stacie McGinn, where those
protests allege that ballots were unlawfully counted for one of the following reasons:
a. Ballots were cast by overseas citizens who have not resided in North Carolina but
whose parents or legal guardians were eligible North Carolina voters before
leaving the United States;
b. Ballots were cast by military or overseas citizens under Article 21A of Chapter
163, when those ballots were not accompanied by a photocopy of a photo ID or
ID Exception Form; and
c. Ballots were cast by registered voters whose voter registration database records
contain neither a driver’s license number nor the last-four digits of a social
security number.
2. The State Board will schedule a time for preliminary consideration of the protests for
which it has taken jurisdiction and will provide notice thereof to the relevant parties.
3. By taking jurisdiction over the aforementioned protests, the State Board is not ruling on
the timeliness of any such protests or their facial validity otherwise.
4. The county boards of elections shall retain jurisdiction over all other protests that have
been timely filed and shall proceed to consider those protests under Article 15A of
Chapter 163 and Chapter 2 of Title 8 of the North Carolina Administrative Code.
a. At preliminary consideration, the county board shall advance the protest to a
hearing to be conducted at a later date upon proper notice, if the protest was
timely filed and otherwise substantially complies with G.S. 163-182.9. Because
similar protests were filed in many counties, to ensure uniformity in the process
for review of these protests, the county boards shall assume at preliminary
consideration that the protests establish probable cause to advance to a hearing,
per G.S. 163-182.10(a)(1). The county board shall not consider any evidence
outside the protest documents at preliminary consideration.
b. When conducting a hearing, the board shall take evidence, which will likely
include taking testimony from county board staff as to the contents of official
county board records pertaining to the voters whose ballots have been called into
question by the protests. At the conclusion of the hearing, the board shall vote on
its findings of fact and conclusions of law.
c. Each county board conducting a hearing shall memorialize its findings of fact and
conclusions of law in a written order, which shall be served on the relevant
parties, with a copy provided to the State Board via legal@ncsbe.gov.
5. To facilitate adjudication of these protests, the protesters—Jefferson Griffin, Frank
Sossamon, Ashlee Adams, and Stacie McGinn—shall file, by noon on Friday, November
22, 2024, with the State Board and with the respective county boards of elections copies
of the lists of voters whose ballots are called into question by each protest filing in Excel
file format, with the same labeling as displayed in the PDF versions of the protest filings.
6. For the protests that are now under the State Board’s jurisdiction, the protesters shall file
legal briefs, if any, in support of the protests by 5 pm on Wednesday, November 27, 2024.
The responding candidates shall file legal briefs, if any, in opposition to the protests by 5
pm on Friday, December 6, 2024.
IT IS SO ORDERED.
This the 20th day of November, 2024.
_________________________________
Alan Hirsch, Chair
STATE BOARD OF ELECTIONS
November 19, 2024
VIA EMAIL
RE: Election Protests on Behalf of Hon. Jefferson Griffin
Dear Director,
This law firm represents the Hon. Jefferson Griffin (“Judge Griffin”), Candidate for North Carolina
Supreme Court Associate Justice, Seat 6.
Today we have timely-filed election protests on behalf of Judge Griffin pursuant to N.C. Gen. Stat.
§§ 163-182.9 et seq. Copies of the protests submitted to your county Board of Elections are included
with this correspondence.
As you are aware, election protests are the quasi-judicial proceedings by which “North Carolina
citizens [ ] freely raise concerns about the election process and give the county boards of elections a
chance to address those concerns before the vote counts are finalized. The process is simple so that
everyone, not just lawyers, can use it.” Bouvier v. Porter, 386 N.C. 1, 4, 900 S.E.2d 838, 843 (2024).
“Election protests are meant ‘to assure that an election is determined without taint of fraud or
corruption and without irregularities that may have changed the result of an election.’ ” Id. (quoting
N.C. Gen. Stat. § 163-182.12). “The public has an interest in judicial and quasi-judicial bodies
arriving at the truth in matters brought before them and in the due administration of justice. This
interest is especially strong when the quasi-judicial proceeding implicates accuracy in elections.” Id.
at 13, 900 S.E. 2d at 849.
Given that Judge Griffin is exercising his statutory rights to assure that the election was determined
without taint or fraud, corruption, or irregularities that changed the election’s result, we write to
draw your attention to the following relevant matters in connection with the protests he has filed.
I. We request notice and an opportunity to be present and be heard at the
Board’s preliminary consideration meeting under N.C. Gen. Stat § 163-
182.10(a)(1).
Pursuant to N.C. Gen. Stat. § 163-182.10(a)(1), the Board must promptly “meet to determine
whether the protest substantially complies with G.S. § 163-182.9 and whether it establishes probable
cause to believe that a violation of election law or irregularity or misconduct has occurred.” That
meeting must occur within two (2) business days of when the protest is filed. 08 NCAC 02 .0110(c).
In the interests of fairness and a complete consideration of this matter by this Board, we respectfully
request notice and an opportunity to be heard through counsel at any such meeting of the Board
under N.C. Gen. Stat § 163-182.10(a)(1).
II. The standard applicable at a preliminary consideration meeting.
“[A]s soon as possible after the protest is filed, the county board of elections meets to preliminarily
determine (1) whether the protest “substantially complies with statutory filing requirements, and (2)
whether the protest establishes probable cause to believe that a violation of election law, an
irregularity, or misconduct has occurred. If both requirements are met, the county board of elections
schedules a full hearing to resolve the matter.” Bouvier, 386 N.C. at 15, 900 S.E.2d at 850 (internal
citations and quotation marks omitted).
Given the probable cause standard to be applied by the Board, and the limited ability of the Board to
develop the record at the preliminary stage, the Board must take the allegations in the protest as true
for purposes of the preliminary consideration meeting. Furthermore, it is universally accepted that
“[p]robable cause is a flexible, common-sense standard. It does not demand any showing that such
a belief be correct or more likely true than false. A practical, nontechnical probability is all that
is required.” State v. Zuniga, 312 N.C. 251, 262, 322 S.E.2d 140, 146 (1984) (emphasis added). See
also Bouvier, 386 N.C. at 16, 900 S.E.2d at 850 (“[E]lection protests proceed rapidly, and the process
does not lend itself to exhaustive discovery and absolute precision.”).
The enclosed protests substantially comply with the requirements of N.C. Gen. Stat. § 163-182.9
and Chapter 2 of Title 08 of the North Carolina Administrative Code. The enclosed protests also
demonstrate probable cause to believe that a violation of election law or irregularity or misconduct
has occurred and, accordingly, the protests must be afforded a full hearing under N.C. Gen. Stat. §
163-182.10(c).
III. We request that the Board subpoena witnesses and documents in advance
of the protest hearing.
The General Assembly has granted the Board authority to subpoena witnesses and documents in
advance of an election protest hearing. See N.C. Gen. Stat. § 163-182.10(c)(1); 08 NCAC 02
.0110(e)(1). A subpoena “shall” be issued by the Board chair or by any two members of the Board
“when the chair or two members of the county board conclude that the witnesses or documents are
likely to provide information that is both relevant and material to the questions the county board
must adjudicate in the protest, the information sought is not unnecessarily duplicative of other
available evidence, and the subpoena is not likely to subject the recipient to undue burden or
expense.” 08 NCAC 02 .0110(e)(1).
In anticipation that the protests will proceed to a hearing on the merits, we respectfully request that
the chair or any two members of the Board issue subpoenas duces tecum for a tabular data file (.csv,
.xlsx, or similar format) containing a list of voters who cast a ballot on November 5, 2024, with
identifying information. We also request that the chair or any two members of the Board issue a
subpoena ad testificandum for a records custodian in possession of the subpoenaed data.
The foregoing documents and witnesses are necessary to a full and fair development of the critical
factual issues alleged in the protest, and collectively, these witnesses and documents will show that a
violation of election law or irregularity or misconduct has occurred and that our client is entitled to
relief.
IV. To succeed on an election protest, a protestor needs to only present more
than a scintilla of evidence.
The “substantial evidence to believe” standard applies to the final decision of the Board at the protest
hearing under N.C. Gen. Stat. § 163-182.10(c). At the Section 182.10(c) hearing, the Board can
receive documents, data, and other evidentiary exhibits, question witnesses, hear argument from
counsel, and fully consider and weigh the evidence offered by the parties to determine if the
“substantial evidence” standard is satisfied.
Our Supreme Court has described the “substantial evidence” standard as creating a “low” bar. State v.
Taylor, 379 N.C. 589, 611, 866 S.E.2d 740, 757 (2021). Thus, in State v. Butler, the Supreme Court
stated: “To be substantial, the evidence need not be irrefutable or uncontroverted; it need only be
such as would satisfy a reasonable mind as being adequate to support a conclusion.” 356 N.C. 141,
145, 567 S.E.2d 137 (2002) (quotation omitted). In plain terms, “substantial evidence is simply
evidence that is “more than a scintilla” and is “such relevant evidence as a reasonable mind might
accept as adequate to support a conclusion.” Lackey v. Dept. of Human Resources, 306 N.C. 231, 238
(1982).
Courts routinely apply the “substantial evidence” standard, and have recognized for decades that
“uncorroborated and untested testimony and hearsay testimony” can constitute substantial evidence,
as long as that evidence is reliable and trustworthy. EchoStar Commc'ns Corp. v. F.C.C., 292 F.3d 749,
753 (D.C. Cir. 2002). It is also generally accepted that the “substantial evidence” standard can be
satisfied by something less than a preponderance of the evidence, Louisiana Public Service Commission v.
Federal Energy Regulatory Commission, 20 F.4th 1 (D.C. Cir. 2021), and that the possibility of drawing
two inconsistent conclusions from the evidence does not prevent a finding from being supported by
substantial evidence. Mid Continent Steel & Wire, Inc. v. United States, 940 F.3d 662 (Fed. Cir. 2019).
The protests before this Board raise weighty and important issues that are vital for the public’s faith
in our electoral system. Election protests are meant “to assure that an election is determined without
taint of fraud or corruption and without irregularities that may have changed the result of an
election,” and election protests, such as those before the Board, “enable North Carolina citizens to
freely raise concerns about the election process. . . .” Bouvier, 386 N.C. at 4, 900 S.E.2d at 843.
Given the critical role that election protests play in the democratic process, and the lenient standard
applicable to an election protest under state law, it is beyond debate that these protests should be
fully and fairly considered by the Board.
V. The multi-county nature of the election is legally significant, and requires
that the Board not consider the protests in isolation.
The fact that these election protests arise in the context of a multi-county election is an important
consideration for the Board. Under G.S. § 163-182.10(d)(1)(d), a protest must be granted in a multi-
county election if there is “substantial evidence to believe that a violation of the election law or other
irregularity or misconduct did occur, and might have affected the outcome of the election but the board
is unable to finally determine the effect because the election was a multicounty election.” Thus, in a
multi-county election, the Board cannot deny a protest in isolation if the irregularity or misconduct,
when aggregated with other irregularities in other counties, might have affected the outcome of the
election. In such a case, the statute makes clear that the Board “shall order that the protest and the
county board’s decision be sent to the State Board for action by it.” G.S. § 163-182.10(d)(1)(d)
* * *
We are enclosing evidence supporting the petition in PDF format. We would be more than happy to
provide any of this evidence in native format.
We thank the Board for its careful attention to this important matter.
Sincerely,
Craig D. Schauer
Enclosures
Page 1 of 5
November 5, 2024 Election Protest of Jefferson Griffin
N.C. Supreme Court Associate Justice, Seat 6
PROTESTOR
1. Provide your preferred contact information:
Name: Jefferson Griffin County of Residence: Carteret
Email: jefferson@jeffersongriffin.com Phone: contact counsel _____________
Mailing Address: PO Box 99780 Raleigh, NC 27624
NOTE: You will be deemed to consent to service at all of the above addresses (including email), unless you
attach an addendum indicating otherwise.
2. Are you represented by counsel? x Yes □ No
NOTE: If you answered Yes, above, your counsel must complete and you must attach the Counsel
Certification Addendum.
3. Mark all that describe you:
x Candidate for the office of Seat 6 of the Supreme Court of North Carolina
□ Registered voter eligible to participate in the protested election contest
□ Neither of the above*
*If you select this option, you are not eligible to file a protest.
PROTEST SCOPE
4. List all election contests subject to your protest and calculate the margin of votes separating the apparent winner
from the runner-up as of the date of filing. Your response does not waive your right to contest the validity of the
current vote count. If your protest concerns all contests on the ballot, you must include the vote margin for each
contest.
Protested Contest(s)
Current Vote Margin
(subtract runner-up totals from apparent winner's totals)
N.C. Supreme Court Associate Justice, Seat 6
625
5. This protest alleges (select at least one):
□ A defect in the manner by which votes were counted or results tabulated sufficient to cast doubt on the apparent
results of the election.
x A violation of election law, irregularity, or misconduct sufficient to cast doubt on the apparent results of the
election.
FACTUAL BASIS & LEGAL ARGUMENT
6. Provide all factual allegations in support of your protest. If any fact you allege is outside the scope of your personal
knowledge, you may attach affidavits from those who have personal knowledge of that fact. All facts you allege in
connection with this protest must be true and accurate to the best of your knowledge, and brought in the sincere belief
that the facts alleged form a good faith basis to protest the conduct and results of the election.
It appears the county board of elections has counted ballots cast by voters who were deceased on election day.
North Carolina law conditions eligibility to vote upon being alive on the date of the election. N.C.G.S. § 163-
82.1(c)(2). Therefore, a ballot cast by absentee-by-mail or early voting is only valid if the voter is still alive and
Page 2 of 5
otherwise eligible to vote on election day. If a person casts a ballot but dies before election day, the ballot should be
challenged by the board or elections staff. See N.C. State Board of Elections, Reminders for One-Stop and Absentee
by Mail Challenges (Mar. 2, 2020, updated Nov. 2, 2020).
We have identified voters in the county who appear to have cast a ballot but died before election day. EXHIBIT A is
an affidavit that includes a list that identifies likely voters that was created from information provided in response to
public records requests. It appears that some, if not all, of these ballots were accepted, processed, and counted by the
county board of elections. These actions violate North Carolina law.
7. List all individuals, if any, you may call as witnesses to substantiate facts listed in Prompt 6. If there are multiple
individuals, summarize the facts of which the individual has personal knowledge.
Ryan Bonifay
8. Cite any statute or case, administrative rule or decisions, and election policy or procedure that supports your claim
set out under Prompt 5.
N.C. Gen. Stat. §§ 163-183-82.1(c)(2), -82.14(b).
RELIEF
9. What effect do you believe the facts alleged in response to Prompt 6, if proven, will have on the electoral outcome
in the protested contest(s)? Your response should account for the current vote margin calculated in response to Prompt
4.
□ The electoral outcome of the protested contest(s) will change.
□ The electoral outcome of the protested contest(s) will not change.
x I am uncertain whether the outcome of the contest(s) will change. (Due to other pending protests, these votes
may be determinative of the outcome.)
□ Other ________________________________________________
10. What relief do you seek?
x Correct the vote count
□ A new election
□ Other:
ASSISTANCE
11. List all persons who assisted you in preparing the contents of this protest and indicate the nature of the assistance
provided:
See Counsel Certification Addendum
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Note: For protestors represented by an attorney, this protest is the initial filing in a proceeding as defined by N.C. State
Bar Rules. See 27 N.C.A.C. 02 Rule 1.00(n).
12. Has any candidate, political party, organization, or person acting on behalf of the same requested that you bring
this protest?
□ Yes
x No
13. Have you received any financial or other benefit or promise of future financial or other benefit in exchange for
filing this protest?
□ Yes
x No
Page 3 of 5
AFFECTED PARTIES & SERVICE
You must serve copies of all filings on every person with a direct stake in the outcome of this protest ("Affected
Parties"). Affected Parties include every candidate seeking nomination or election in the protested contest(s) listed
under Prompt 4, not only the apparent winner and runner-up. If a protest concerns the eligibility or ineligibility of
particular voters, all such voters are Affected Parties and must be served. Address information for registered voters is
available from the county board of elections or using the Voter Lookup at www.ncsbe.gov.
Materials may be served by personal delivery, transmittal through U.S. Mail or commercial carrier service to the
Affected Party's mailing address of record on file with the county board of elections or the State Board, or by any
other means affirmatively authorized by the Affected Party. If you know the Affected Party is represented by an
attorney, service must be made on his or her counsel. Service must occur within one (1) business day of filing materials
with the county board of elections. If service is by transmittal through the U.S. Mail or commercial carrier service,
service will be complete when the properly addressed, postage-paid parcel is deposited into the care and custody of
the U.S. Mail or commercial carrier service. It is your responsibility to ensure service is made on all Affected Parties.
14. List all Affected Parties, including their service address:
Affected Party Service Address
_ Allison Riggs______________ _ 1001 Wade Ave, Suite 323, Raleigh, NC 27605
_See list attached to EXHIBIT A__ See list attached to EXHIBIT A
____________________________
____________________________
Page 5 of 5
COUNSEL OF RECORD ADDENDUM
If you answered Yes to Prompt 2 on the above, your attorney must complete this form and you must file it with your
Election Protest Application.
Attorney Must complete all of the following:
Protestor Name: Jefferson Griffin Protestor County: Carteret (candidate challenge)
Attorney Name: Craig D. Schauer
Attorney Email: cschauer@dowlingfirm.com Attorney Phone: 919-529-3351
X I am a member in good standing with the North Carolina State Bar
□ I am not licensed to practice law in North Carolina but am a member in good standing in
______________________ (State or District of Columbia), and do hereby apply to appear pro hac vice and certify
that I have or will file all appropriate documents required under G.S. 84-4.1.
Law Firm: Dowling PLLC
Bar Number: 41571
I (choose one) □ am X am not:
Subject to any order of any court or administrative agency disbarring, suspending, enjoining, restraining, or otherwise
restricting me in the practice of law. If you are subject to any orders, explain in the space below.
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_________________________________________________________________________________________
I represent the Protestor whose name is provided above. I have read and understand the laws governing election
protests in North Carolina General Statutes Chapter 163 and Title 8 of the N.C. Administrative Code. I swear/attest
that the information I have provided in this Addendum is true and accurate to the best of my knowledge.
_______________________________________ __11/19/2024____________
Attorney Signature Date
EXHIBIT A
Attachment 1
NC DHHS Deceased With Votes - NEW HANOVER
CountyID CountyName VRN NCID FullName RemovedDate DeathDate SDR VotedDate VoteStatus SourceType ballot_rtn_statusRemovedReas
65 NEW HANOVER 31757 DB21677 PUGH, TIMOTHY SR VERIFIED 12/31/1899 10/16/2024 10/19/2024 OK ABS ACCEPTED
65 NEW HANOVER 505752 DB368047 BLUE, MARGARETTE JANE VERIFIED 12/31/1899 11/1/2024 10/17/2024 OK ABS ACCEPTED
65 NEW HANOVER 503379 BH27971 PARNELL, CHARLES WILLIAM VERIFIED 12/31/1899 10/28/2024 10/21/2024 OK EV ACCEPTED
65 NEW HANOVER 334622 CL4292 ATKINS, BILLIE M VERIFIED 12/31/1899 10/25/2024 10/17/2024 OK EV ACCEPTED
65 NEW HANOVER 367463 DB282641 CHEREWICH, SHAUN ROBERT VERIFIED 12/31/1899 10/26/2024 10/17/2024 OK EV ACCEPTED
Page 1 of 5
November 5, 2024 Election Protest of Jefferson Griffin
N.C. Supreme Court Associate Justice, Seat 6
PROTESTOR
1. Provide your preferred contact information:
Name: Jefferson Griffin County of Residence: Carteret
Email: jefferson@jeffersongriffin.com Phone: __contact counsel______________________
Mailing Address: PO Box 99780 Raleigh, NC 27624
NOTE: You will be deemed to consent to service at all of the above addresses (including email), unless you
attach an addendum indicating otherwise.
2. Are you represented by counsel? x Yes □ No
NOTE: If you answered Yes, above, your counsel must complete and you must attach the Counsel
Certification Addendum.
3. Mark all that describe you:
x Candidate for the office of Seat 6 of the Supreme Court of North Carolina
□ Registered voter eligible to participate in the protested election contest
□ Neither of the above*
*If you select this option, you are not eligible to file a protest.
PROTEST SCOPE
4. List all election contests subject to your protest and calculate the margin of votes separating the apparent winner
from the runner-up as of the date of filing. Your response does not waive your right to contest the validity of the
current vote count. If your protest concerns all contests on the ballot, you must include the vote margin for each
contest.
Protested Contest(s)
Current Vote Margin
(subtract runner-up totals from apparent winner's totals)
N.C. Supreme Court Associate Justice, Seat 6
625
5. This protest alleges (select at least one):
□ A defect in the manner by which votes were counted or results tabulated sufficient to cast doubt on the apparent
results of the election.
x A violation of election law, irregularity, or misconduct sufficient to cast doubt on the apparent results of the
election.
FACTUAL BASIS & LEGAL ARGUMENT
6. Provide all factual allegations in support of your protest. If any fact you allege is outside the scope of your personal
knowledge, you may attach affidavits from those who have personal knowledge of that fact. All facts you allege in
connection with this protest must be true and accurate to the best of your knowledge, and brought in the sincere belief
that the facts alleged form a good faith basis to protest the conduct and results of the election.
It appears the county board of elections has counted ballots cast by voters who were likely felons on election day.
Page 2 of 5
No person convicted of a felony is permitted to vote unless the person has had their rights of citizenship restored. N.C.
Const. art. VI, § 2(3); N.C.G.S. §§ 163-55(a)(2), -82.1(c)(2), -82.20(i), -82.20A. The State Board of Elections provides
periodic lists of convicted felons to the county boards. N.C.G.S. § 163-82.14(c). If a person convicted of a felony casts
a ballot, the ballot should be removed by the board or elections staff.
We have identified voters in the county who had cast a ballot but appear to have been convicted of a felony. EXHIBIT
A is an affidavit that includes a list that identifies likely voters that was created from information provided in response
to public records requests. It appears that some, if not all, of these ballots were accepted, processed, and counted by
the county board of elections. These actions violate North Carolina law.
To be clear, our attempt to identify such voters is based on the data we received in response to public records requests,
and, because we may have been provided incomplete information, it is possible that we could have misidentified such
voters. The State Board of Elections, however, has complete data that would ensure correct identification of voters in
the county who had cast a ballot and were convicted of a felony.
7. List all individuals, if any, you may call as witnesses to substantiate facts listed in Prompt 6. If there are multiple
individuals, summarize the facts of which the individual has personal knowledge.
Ryan Bonifay
8. Cite any statute or case, administrative rule or decisions, and election policy or procedure that supports your claim
set out under Prompt 5.
N.C. Const. art. VI, § 2(3); N.C. Gen. Stat. §§ 163-55(a)(2), -82.1(c)(2), -82.20(i), -82.20A.
RELIEF
9. What effect do you believe the facts alleged in response to Prompt 6, if proven, will have on the electoral outcome
in the protested contest(s)? Your response should account for the current vote margin calculated in response to Prompt
4.
□ The electoral outcome of the protested contest(s) will change.
□ The electoral outcome of the protested contest(s) will not change.
x I am uncertain whether the outcome of the contest(s) will change. (Due to other pending protests, these votes
may be determinative of the outcome.)
□ Other ________________________________________________
10. What relief do you seek?
x Correct the vote count
□ A new election
□ Other:
ASSISTANCE
11. List all persons who assisted you in preparing the contents of this protest and indicate the nature of the assistance
provided:
See Counsel Certification Addendum
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Note: For protestors represented by an attorney, this protest is the initial filing in a proceeding as defined by N.C. State
Bar Rules. See 27 N.C.A.C. 02 Rule 1.00(n).
12. Has any candidate, political party, organization, or person acting on behalf of the same requested that you bring
this protest?
□ Yes
Page 3 of 5
x No
13. Have you received any financial or other benefit or promise of future financial or other benefit in exchange for
filing this protest?
□ Yes
x No
AFFECTED PARTIES & SERVICE
You must serve copies of all filings on every person with a direct stake in the outcome of this protest ("Affected
Parties"). Affected Parties include every candidate seeking nomination or election in the protested contest(s) listed
under Prompt 4, not only the apparent winner and runner-up. If a protest concerns the eligibility or ineligibility of
particular voters, all such voters are Affected Parties and must be served. Address information for registered voters is
available from the county board of elections or using the Voter Lookup at www.ncsbe.gov.
Materials may be served by personal delivery, transmittal through U.S. Mail or commercial carrier service to the
Affected Party's mailing address of record on file with the county board of elections or the State Board, or by any
other means affirmatively authorized by the Affected Party. If you know the Affected Party is represented by an
attorney, service must be made on his or her counsel. Service must occur within one (1) business day of filing materials
with the county board of elections. If service is by transmittal through the U.S. Mail or commercial carrier service,
service will be complete when the properly addressed, postage-paid parcel is deposited into the care and custody of
the U.S. Mail or commercial carrier service. It is your responsibility to ensure service is made on all Affected Parties.
14. List all Affected Parties, including their service address:
Affected Party Service Address
_ Allison Riggs______________ _ 1001 Wade Ave, Suite 323, Raleigh, NC 27605
_See list attached to EXHIBIT A See list attached to EXHIBIT A
____________________________
____________________________
Page 5 of 5
COUNSEL OF RECORD ADDENDUM
If you answered Yes to Prompt 2 on the above, your attorney must complete this form and you must file it with your
Election Protest Application.
Attorney Must complete all of the following:
Protestor Name: Jefferson Griffin Protestor County: Carteret (candidate challenge)
Attorney Name: Craig D. Schauer
Attorney Email: cschauer@dowlingfirm.com Attorney Phone: 919-529-3351
X I am a member in good standing with the North Carolina State Bar
□ I am not licensed to practice law in North Carolina but am a member in good standing in
______________________ (State or District of Columbia), and do hereby apply to appear pro hac vice and certify
that I have or will file all appropriate documents required under G.S. 84-4.1.
Law Firm: Dowling PLLC
Bar Number: 41571
I (choose one) □ am X am not:
Subject to any order of any court or administrative agency disbarring, suspending, enjoining, restraining, or otherwise
restricting me in the practice of law. If you are subject to any orders, explain in the space below.
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_________________________________________________________________________________________
I represent the Protestor whose name is provided above. I have read and understand the laws governing election
protests in North Carolina General Statutes Chapter 163 and Title 8 of the N.C. Administrative Code. I swear/attest
that the information I have provided in this Addendum is true and accurate to the best of my knowledge.
_______________________________________ __11/19/2024____________
Attorney Signature Date
EXHIBIT A
Attachment 1
NC Felons With Votes - NEW HANOVER
CountyID CountyName VRN NCID FullName VoterStatus VoterReasonDesc VoterRemovedDateFelonConvictionDateSDR VotedDate VoteStatus SourceType ballot_rtn_status
65 NEW HANOVER 475933 DH60036 GOUGE, SCOTT ANDREW R FELONY CONVICTION 10/30/2024 11/1/2000 N 10/18/2024 OK EV ACCEPTED
65 NEW HANOVER 56931 DB36372 ROBINSON, ROGER R FELONY CONVICTION 11/1/2024 8/22/2024 N 10/28/2024 OK EV ACCEPTED
65 NEW HANOVER 379791 DB290106 BLEVINS, BRUCE EARL III R FELONY CONVICTION 10/29/2024 10/12/2022 N 10/18/2024 OK EV ACCEPTED
65 NEW HANOVER 517202 BL455218 HALL, CHARLIE JO A VERIFICATION PENDING 5/14/2024 N 11/1/2024 OK EV ACCEPTED
65 NEW HANOVER 398598 DB272203 HOOPER, FREDERICK LEONARD SR A VERIFIED 9/26/2024 N 10/28/2024 OK EV ACCEPTED
65 NEW HANOVER 518654 AL186252 LEWIS, MEGAN A VERIFICATION PENDING 2/19/2024 Y 11/2/2024 OK EV ACCEPTED
65 NEW HANOVER 478802 DH71172 LUBELL, SHAWN MAURICE R FELONY CONVICTION 11/1/2024 2/19/2014 N 10/28/2024 OK EV ACCEPTED
65 NEW HANOVER 518124 DB374131 ANDREWS, TERRY LEON A VERIFICATION PENDING 5/30/2024 Y 11/1/2024 OK EV ACCEPTED
65 NEW HANOVER 517549 DB224047 BAXTER, SCOTT EDWARD A VERIFICATION PENDING 6/24/2024 Y 10/31/2024 OK EV ACCEPTED
65 NEW HANOVER 232101 DB181455 HOWARD, KELLY KATHLEEN R FELONY CONVICTION 11/1/2024 2/15/2023 N 10/17/2024 OK EV ACCEPTED
65 NEW HANOVER 516361 DB232083 HERRING, ONDRAY DELIRIAN A VERIFIED 8/16/2023 Y 10/24/2024 OK EV ACCEPTED
65 NEW HANOVER 516916 DB373639 SYLVESTER, CLARENCE A VERIFICATION PENDING 3/26/1992 Y 10/28/2024 OK EV ACCEPTED
Page 1 of 5
November 5, 2024 Election Protest of Jefferson Griffin
N.C. Supreme Court Associate Justice, Seat 6
PROTESTOR
1. Provide your preferred contact information:
Name: Jefferson Griffin County of Residence: Carteret
Email: jefferson@jeffersongriffin.com Phone: __contact counsel______________________
Mailing Address: PO Box 99780 Raleigh, NC 27624
NOTE: You will be deemed to consent to service at all of the above addresses (including email), unless you
attach an addendum indicating otherwise.
2. Are you represented by counsel? x Yes □ No
NOTE: If you answered Yes, above, your counsel must complete and you must attach the Counsel
Certification Addendum.
3. Mark all that describe you:
x Candidate for the office of Seat 6 of the Supreme Court of North Carolina
□ Registered voter eligible to participate in the protested election contest
□ Neither of the above*
*If you select this option, you are not eligible to file a protest.
PROTEST SCOPE
4. List all election contests subject to your protest and calculate the margin of votes separating the apparent winner
from the runner-up as of the date of filing. Your response does not waive your right to contest the validity of the
current vote count. If your protest concerns all contests on the ballot, you must include the vote margin for each
contest.
Protested Contest(s)
Current Vote Margin
(subtract runner-up totals from apparent winner's totals)
N.C. Supreme Court Associate Justice, Seat 6
625
5. This protest alleges (select at least one):
□ A defect in the manner by which votes were counted or results tabulated sufficient to cast doubt on the apparent
results of the election.
x A violation of election law, irregularity, or misconduct sufficient to cast doubt on the apparent results of the
election.
FACTUAL BASIS & LEGAL ARGUMENT
6. Provide all factual allegations in support of your protest. If any fact you allege is outside the scope of your personal
knowledge, you may attach affidavits from those who have personal knowledge of that fact. All facts you allege in
connection with this protest must be true and accurate to the best of your knowledge, and brought in the sincere belief
that the facts alleged form a good faith basis to protest the conduct and results of the election.
It appears the county board of elections has counted ballots cast by voters who had their registration denied and were
therefore ineligible to vote in an election.
Page 2 of 5
Under North Carolina law, no one may vote unless he is registered to vote. N.C. Gen. Stat. § 163-82.1(a). A voter’s
application to register may be denied, or a voter may have his registration denied or otherwise be lawfully removed
from the voter rolls. See, e.g., N.C. Gen. Stat. § 163-82.9. Such persons, lacking a valid registration, shall not vote in
an election. N.C. Const. art. VI, § 3(1).
We have identified voters in the county who cast a ballot in the election but whose application to register to vote was
ultimately denied, or who were otherwise removed from the voter registration rolls. EXHIBIT A is an affidavit that
includes a list that identifies such voters that was created from information provided in response to public records
requests and other publicly available information. It appears that some, if not all, of these ballots were accepted,
processed, and counted by the county board of elections. These actions violate North Carolina law.
7. List all individuals, if any, you may call as witnesses to substantiate facts listed in Prompt 6. If there are multiple
individuals, summarize the facts of which the individual has personal knowledge.
Ryan Bonifay
8. Cite any statute or case, administrative rule or decisions, and election policy or procedure that supports your claim
set out under Prompt 5.
N.C. Gen. Stat. §§ 163-82.1, -82.9; N.C. Const. art. VI, § 3(1).
RELIEF
9. What effect do you believe the facts alleged in response to Prompt 6, if proven, will have on the electoral outcome
in the protested contest(s)? Your response should account for the current vote margin calculated in response to Prompt
4.
□ The electoral outcome of the protested contest(s) will change.
□ The electoral outcome of the protested contest(s) will not change.
x I am uncertain whether the outcome of the contest(s) will change.
□ Other ________________________________________________
10. What relief do you seek?
x Correct the vote count
□ A new election
□ Other:
ASSISTANCE
11. List all persons who assisted you in preparing the contents of this protest and indicate the nature of the assistance
provided:
See Counsel Certification Addendum
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Note: For protestors represented by an attorney, this protest is the initial filing in a proceeding as defined by N.C. State
Bar Rules. See 27 N.C.A.C. 02 Rule 1.00(n).
12. Has any candidate, political party, organization, or person acting on behalf of the same requested that you bring
this protest?
□ Yes
x No
13. Have you received any financial or other benefit or promise of future financial or other benefit in exchange for
filing this protest?
□ Yes
Page 3 of 5
x No
AFFECTED PARTIES & SERVICE
You must serve copies of all filings on every person with a direct stake in the outcome of this protest ("Affected
Parties"). Affected Parties include every candidate seeking nomination or election in the protested contest(s) listed
under Prompt 4, not only the apparent winner and runner-up. If a protest concerns the eligibility or ineligibility of
particular voters, all such voters are Affected Parties and must be served. Address information for registered voters is
available from the county board of elections or using the Voter Lookup at www.ncsbe.gov.
Materials may be served by personal delivery, transmittal through U.S. Mail or commercial carrier service to the
Affected Party's mailing address of record on file with the county board of elections or the State Board, or by any
other means affirmatively authorized by the Affected Party. If you know the Affected Party is represented by an
attorney, service must be made on his or her counsel. Service must occur within one (1) business day of filing materials
with the county board of elections. If service is by transmittal through the U.S. Mail or commercial carrier service,
service will be complete when the properly addressed, postage-paid parcel is deposited into the care and custody of
the U.S. Mail or commercial carrier service. It is your responsibility to ensure service is made on all Affected Parties.
14. List all Affected Parties, including their service address:
Affected Party Service Address
_ Allison Riggs______________ _ 1001 Wade Ave, Suite 323, Raleigh, NC 27605
_See list attached to EXHIBIT A__ See list attached to EXHIBIT A
____________________________
____________________________
Page 5 of 5
COUNSEL OF RECORD ADDENDUM
If you answered Yes to Prompt 2 on the above, your attorney must complete this form and you must file it with your
Election Protest Application.
Attorney Must complete all of the following:
Protestor Name: Jefferson Griffin Protestor County: Carteret (candidate challenge)
Attorney Name: Craig D. Schauer
Attorney Email: cschauer@dowlingfirm.com Attorney Phone: 919-529-3351
X I am a member in good standing with the North Carolina State Bar
□ I am not licensed to practice law in North Carolina but am a member in good standing in
______________________ (State or District of Columbia), and do hereby apply to appear pro hac vice and certify
that I have or will file all appropriate documents required under G.S. 84-4.1.
Law Firm: Dowling PLLC
Bar Number: 41571
I (choose one) □ am X am not:
Subject to any order of any court or administrative agency disbarring, suspending, enjoining, restraining, or otherwise
restricting me in the practice of law. If you are subject to any orders, explain in the space below.
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_________________________________________________________________________________________
I represent the Protestor whose name is provided above. I have read and understand the laws governing election
protests in North Carolina General Statutes Chapter 163 and Title 8 of the N.C. Administrative Code. I swear/attest
that the information I have provided in this Addendum is true and accurate to the best of my knowledge.
_______________________________________ __11/19/2024____________
Attorney Signature Date
EXHIBIT A
Attachment 1
NC Denied Voters with Votes - NEW HANOVER
CountyID CountyName VRN NCID FullName RemovedReason RemovedDate SDR VotedDate VoteStatus SourceType ballot_rtn_status
65 NEW HANOVER 511839 DB371316 BAXTER, LILY CUTLER VERIFICATION RETURNED UNDELIVERABLE 11/9/2024 N 11/1/2024 OK EV ACCEPTED
65 NEW HANOVER 508884 DB369854 GONZALEZ, VALERIE DIANNE VERIFICATION RETURNED UNDELIVERABLE 10/24/2024 N 10/21/2024 OK EV ACCEPTED
65 NEW HANOVER 511801 EH1447629 BARROWS, OLIVIA MARION- JEAN VERIFICATION RETURNED UNDELIVERABLE 11/3/2024 N 10/25/2024 OK EV ACCEPTED
65 NEW HANOVER 511866 BH205928 WILLIAMS, KINSLEY ANN VERIFICATION RETURNED UNDELIVERABLE 11/9/2024 N 11/2/2024 OK EV ACCEPTED
65 NEW HANOVER 509319 DB311965 JOHNSON, EVAN TATE VERIFICATION RETURNED UNDELIVERABLE 10/21/2024 N 10/20/2024 OK EV ACCEPTED
65 NEW HANOVER 511440 AS78196 CRISPINO, ERIN CLARE VERIFICATION RETURNED UNDELIVERABLE 11/11/2024 N 10/28/2024 OK EV ACCEPTED
65 NEW HANOVER 511130 EH1447878 CHANEY, JESSE ALEXANDER VERIFICATION RETURNED UNDELIVERABLE 11/9/2024 N 10/23/2024 OK EV ACCEPTED
65 NEW HANOVER 509463 AN260260 TUMLIN, LAUREN ELIZABETH VERIFICATION RETURNED UNDELIVERABLE 10/24/2024 N 10/21/2024 OK EV ACCEPTED
65 NEW HANOVER 509570 EH1171155 BEARDSLEE, CARLEIGH FRANCINE VERIFICATION RETURNED UNDELIVERABLE 10/22/2024 N 10/22/2024 OK EV ACCEPTED
65 NEW HANOVER 508670 BR265019 JULIAN, TRINITY ELIZABETH VERIFICATION RETURNED UNDELIVERABLE 10/24/2024 N 10/21/2024 OK EV ACCEPTED
65 NEW HANOVER 509247 EH732566 MYERS, ASHLEY RENEE VERIFICATION RETURNED UNDELIVERABLE 11/3/2024 N 10/23/2024 OK EV ACCEPTED
65 NEW HANOVER 514320 AA208156 MERCER, MEREDITH NICOLE VERIFICATION RETURNED UNDELIVERABLE 11/8/2024 N 10/24/2024 OK EV ACCEPTED
65 NEW HANOVER 510787 DB370805 MARIA, GUZMAN MERIOS VERIFICATION RETURNED UNDELIVERABLE 11/3/2024 N 11/1/2024 OK EV ACCEPTED
65 NEW HANOVER 508403 DB369637 MYRICK, JADYN MYCHAL VERIFICATION RETURNED UNDELIVERABLE 10/26/2024 N 10/21/2024 OK EV ACCEPTED
65 NEW HANOVER 510877 EH1416032 HUTCHINSON, NORA ROSE VERIFICATION RETURNED UNDELIVERABLE 11/3/2024 N 10/25/2024 OK EV ACCEPTED
65 NEW HANOVER 506621 DB368672 PUGH, BRIAN WILLIAM VERIFICATION RETURNED UNDELIVERABLE 10/21/2024 N 10/21/2024 OK EV ACCEPTED
65 NEW HANOVER 511642 DD232921 BLIZZARD, KAI DREW VERIFICATION RETURNED UNDELIVERABLE 11/3/2024 N 10/30/2024 OK EV ACCEPTED
65 NEW HANOVER 513632 EH1275097 RIVERA, SAMANTHA MARIE VERIFICATION RETURNED UNDELIVERABLE 11/8/2024 N 10/31/2024 OK EV ACCEPTED
65 NEW HANOVER 511868 CW1502100 RAMSEUR, KENNEDY CHARISSE VERIFICATION RETURNED UNDELIVERABLE 11/3/2024 N 10/23/2024 OK EV ACCEPTED
65 NEW HANOVER 511981 DB371386 SOLOT, DANIEL ISAAC VERIFICATION RETURNED UNDELIVERABLE 10/29/2024 N 10/20/2024 OK EV ACCEPTED
NC Removed Voters With Votes - NEW HANOVER
CountyID CountyName VRN NCID FullName RemovedReason RemovedDate SDR VotedDate VoteStatus SourceType ballot_rtn_stat
65 NEW HANOVER 232101 DB181455 HOWARD, KELLY KATHLEEN FELONY CONVICTION 11/1/2024 N 10/17/2024 OK EV ACCEPTED
65 NEW HANOVER 135657 DB86273 COBLE, NADIA DAUGHTRIDGE DECEASED 10/24/2024 N 10/17/2024 OK ABS ACCEPTED
65 NEW HANOVER 511948 BE506575 MCLEMORE, JULIUS EWMON MOVED WITHIN STATE 11/2/2024 N 10/29/2024 OK EV ACCEPTED
65 NEW HANOVER 508088 DB369466 TALLEY, ALIVIA COLE MOVED FROM COUNTY 10/31/2024 N 10/30/2024 OK EV ACCEPTED
65 NEW HANOVER 367463 DB282641 CHEREWICH, SHAUN ROBERT DECEASED 11/8/2024 N 10/17/2024 OK EV ACCEPTED
65 NEW HANOVER 481627 DP55665 STAUB, JENNA ROSE MOVED WITHIN STATE 11/6/2024 N 10/29/2024 OK EV ACCEPTED
65 NEW HANOVER 486481 DB356308 POWELL, ANN LIPSCOMBE MOVED FROM COUNTY 11/11/2024 N 10/10/2024 OK ABS ACCEPTED
65 NEW HANOVER 478802 DH71172 LUBELL, SHAWN MAURICE FELONY CONVICTION 11/1/2024 N 10/28/2024 OK EV ACCEPTED
65 NEW HANOVER 379737 DB290074 JORDAN, NEVADA ISHMAEL MOVED WITHIN STATE 10/31/2024 10/24/2024 OK PV ACCEPTED
65 NEW HANOVER 475933 DH60036 GOUGE, SCOTT ANDREW FELONY CONVICTION 10/30/2024 N 10/18/2024 OK EV ACCEPTED
65 NEW HANOVER 494672 AK172670 MCKNIGHT-DIAAB, AMIYYAH IMAN MOVED FROM COUNTY 11/7/2024 N 11/1/2024 OK EV ACCEPTED
65 NEW HANOVER 379791 DB290106 BLEVINS, BRUCE EARL III FELONY CONVICTION 10/29/2024 N 10/18/2024 OK EV ACCEPTED
65 NEW HANOVER 501940 CW1040606 DWYER, ROBERT TRISTAN FELONY CONVICTION 10/30/2024 N 10/21/2024 OK EV ACCEPTED
65 NEW HANOVER 505752 DB368047 BLUE, MARGARETTE JANE DECEASED 11/8/2024 N 10/17/2024 OK ABS ACCEPTED
65 NEW HANOVER 503379 BH27971 PARNELL, CHARLES WILLIAM DECEASED 11/8/2024 N 10/21/2024 OK EV ACCEPTED
65 NEW HANOVER 38601 DB25934 TAYLOR, HERBERT A DECEASED 10/24/2024 N 10/12/2024 OK ABS ACCEPTED
65 NEW HANOVER 31757 DB21677 PUGH, TIMOTHY SR DECEASED 11/8/2024 N 10/19/2024 OK ABS ACCEPTED
65 NEW HANOVER 501139 DH80789 ALBRIGHT, JULIA NICOLE MOVED FROM COUNTY 10/28/2024 N 10/28/2024 OK EV ACCEPTED
65 NEW HANOVER 242913 DB191885 JONES, TRACY LEE MOVED WITHIN STATE 10/29/2024 N 10/24/2024 OK EV ACCEPTED
65 NEW HANOVER 242913 DB191885 JONES, TRACY LEE MOVED WITHIN STATE 10/29/2024 N 10/24/2024 OK EV ACCEPTED
65 NEW HANOVER 56931 DB36372 ROBINSON, ROGER FELONY CONVICTION 11/1/2024 N 10/28/2024 OK EV ACCEPTED
65 NEW HANOVER 113187 DB64726 MCKOY, REGINALD JARED DECEASED 10/30/2024 N 10/18/2024 OK EV ACCEPTED
65 NEW HANOVER 499043 DB364303 VENDETTI, MICHAEL P DECEASED 10/16/2024 N 10/3/2024 OK ABS ACCEPTED
65 NEW HANOVER 509384 DB370076 COE, BRYCE RIBARIK MOVED FROM COUNTY 10/28/2024 N 10/18/2024 OK EV ACCEPTED
65 NEW HANOVER 515755 EP70764 STEVENS, MATTHEW PATRICK MOVED FROM COUNTY 10/28/2024 N 10/17/2024 OK ABS ACCEPTED
65 NEW HANOVER 334622 CL4292 ATKINS, BILLIE M DECEASED 11/8/2024 N 10/17/2024 OK EV ACCEPTED
65 NEW HANOVER 515963 DB373237 CUEVAS-GALARZA, ARIANNA MOVED FROM COUNTY 10/21/2024 Y 10/19/2024 OK EV ACCEPTED
65 NEW HANOVER 512052 EH1327037 HELMS, ANNA CHRISTINE MOVED WITHIN STATE 10/23/2024 N 10/22/2024 OK EV ACCEPTED
Special Meeting
New Hanover County Board of Elections
December 2, 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 # 4