HomeMy WebLinkAboutBoard Meeting Agenda Packet 01-14-2025MEETING AGENDA
Date: January 14, 2025 Time: 5:30 PM
Location: Bd of Elections Office, Long Leaf Room Type: Regular
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): Tufanna Bradley, Assistant County Manager; Kemp Burpeau, Senior Deputy County Attorney
AGENDA ITEMS
1.Meeting Openinga.Call to Order
b.Pledge of Allegiance
c.Approval of Agenda
d.Approval of Minutes
2.Public Comment Period
•2-minute limit
•20-minute limit total
3.Director Update
a.Financial Update
b.List Maintenance
c.2025 NC State Board of Elections Summer Conference
4.New Business
a.Adoption of Regular Meeting Schedule
b.Preliminary Challenge Hearing
c.Proposed FY25-26 Budget Enhancements
5.Closed Session (N.C. Gen. Stat. §§ 143-318.11(a)(5) and (a)(6))
6.General Discussion
•Other Elections-Related Matters
7.Adjournment
*Agenda packets are sent via email in advance of meetings.
Regular Meeting
New Hanover County Board of Elections
January 14, 2025
Subject:
Approval of Agenda
Summary:
N/A
Board Action Required:
Staff recommends approval
Item # 1c
Regular Meeting
New Hanover County Board of Elections
January 14, 2025
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 10/29/24, 11/04/24, 11/05/24, 11/12/24, 11/14/24, 11/15/24,
11/20/24, 11/21/24, 12/2/24, and 12/4/24 meetings.
Board Action Required:
Staff recommends approval
Item # 1dItem # 1d
Board Minutes – 10/29/2024 Page | 1
SPECIAL MEETING
New Hanover County Board of Elections
October 29, 2024
5:00 P.M.
ATTENDANCE
Members: Derrick R. Miller, Chair
James Battle Morgan, Jr., Secretary
Natalie Hinton-Stalling, Member
Bruce Kemp, Member
Tom Morris, Member
Staff:Rae Hunter-Havens, Executive Director
Caroline Dawkins, Deputy Director
Jenna Dahlgren, Elections Logistics Coordinator
Gina Herring, Elections Specialist
Jessica O’Neill, Elections Program and Outreach Coordinator
Noelle Powers, Elections Systems Administrator
Beth Pugh, Elections Specialist
Joan Geiszler-Ludlum, Administrative Elections Technician
Ballot Duplication Team: Bea Powell, Emily Fountain, Pam
Greene
Elections Assistants: Sarah Vitt, Arlene Brayford, Alana Phillips,
Jamie Phillips, Georgette Saul
Visitors: Tufanna Bradley, Assistant County Manager; Kemp Burpeau,
Senior Deputy County Attorney
Public Attendees: Matthew Emborsky, NHC GOP; Clarice Reber, Jana Albritton,
League of Women Voters LCF
Virtual Attendees: Virginia Adams, Miguel Marquez, Jessica O'Neill, Public, Jenna
Dahlgren, Allyson G. Parrish
1.MEETING OPENING
a.Call to Order
Chair Miller called the meeting to order at 5:00 p.m. The New Hanover County Board of
Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A
Military Cutoff Road, Wilmington, NC. All members were present.
Board Minutes – 10/29/2024 Page | 2
Chair Miller reminded the audience, Board and staff to silence their cell phones; that the
meeting is being recorded and live streamed over the internet; that members of the
audience should speak only when invited; and to limit crosstalk during Board discussion.
b. Pledge of Allegiance
Chair Miller called on the audience to rise and recite the Pledge of Allegiance.
c. Approval of Agenda
Member Kemp moved to approve the agenda as submitted, seconded by Member Morris.
Motion carried unanimously.
d. Approval of Minutes
Chair Miller called for any corrections or changes to the minutes of the 10/15/2024 Board
meeting as submitted. Hearing none, he said the minutes are approved as submitted by
unanimous consent.
2. PUBLIC COMMENT PERIOD
Chair Miller called upon the public attendees for their comments or questions, limited to
two minutes each with a total maximum time of ten minutes.
Seeing and hearing no public attendees wishing to comment, Chair Miller closed the
Public Comment period.
3. NEW BUSINESS
a. Review of Absentee Ballot Applications
Chair Miller said there are a total of 1,808 absentee ballot applications for review: 1,581
civilian applications, 142 military and overseas applications (UOCAVA1), and 85
applications pending Board approval. Chair Miller called for a motion to authorize staff
to open the pending applications consisting of loose ballots, unsealed ballot envelopes, or
photo ID sealed in the ballot envelope. Chair Miller said, unless there is an objection,
staff is authorized to open and review the pending applications.
The Board reviewed 142 UOCAVA ballots that were received electronically, by email or
fax and are duplicated for scanning; 7 VIP2 ballots, and 15 applications with cure
certifications as required. Board review began at 5:04 p.m. and concluded at 6:39 p.m.
Chair Miller said the Board will spot-check a sample of at least 345 civilian applications
according to the Board’s policy to spot-check 20 + 20% in two bipartisan teams.
1 Uniform and Overseas Civilian Absentee Voting Act
2 Visually Impaired Portal
Board Minutes – 10/29/2024 Page | 3
Secretary Morgan and Member Morris reviewed precincts M03, H11, and FP07;
Members Hinton-Stalling and Kemp reviewed precincts FP08, CF01, and W25 for a total
of 344 spot-checked applications. Board review began at 6:55 p.m. and concluded at
8:08 p.m.
Chair Miller reported that, after review of 85 pending applications, staff recommended
Board approval of 78 applications; 2 presented out-of-state drivers licenses as their photo
ID which can be cured. Staff will reach out to those voters. That brings the total number
of applications under consideration to 1,799. Chair Miller moved that the Board approve
1,799 absentee ballot applications, seconded by Member Hinton-Stalling. In response to
a question from Member Kemp, Director Hunter-Havens confirmed that the 78 pending
applications have been reviewed by at least two staff members. Hearing no further
questions or discussion, Chair Miller called the vote. Motion carried unanimously.
Director Hunter-Havens asked for the Board’s guidance on 3 absentee ballots where the
voters were living in one precinct at the time their requested absentee ballots were issued
and subsequently reported a move to a different county address more than 30 days before
Election Day, changing their eligible ballot style. Chair Miller noted that the Board
previously authorized duplication of the cast ballots on the correct ballot style for the new
precinct. After considering their options, the Board agreed by unanimous consent to
follow precedent and duplicate these 3 ballots on the correct ballot style.
By unanimous consent, the Board authorized staff to proceed with opening and scanning
of 1,799 approved absentee ballots. The preparatory steps began at 8:17 p.m. and
concluded at 10:47 p.m.
During scanning, staff found 1 ballot that was incorrectly assigned to the next meeting
but should have been assigned to this meeting based on the date received. The Board
agreed without objection to reassign the ballot to this meeting, changing the total number
of accepted absentee ballots to 1,800. The Board reviewed the updated reports and
signed the Absentee Meeting Ballot Certification.
4.CLOSED SESSION
Chair Miller said there is no business requiring a closed session.
5. GENERAL DISCUSSION
Chair Miller called for any Board member discussion of election-related topics.
Director Hunter-Havens reviewed the Board’s meeting schedule for the next two weeks.
The meeting dates, times and purposes are posted on the New Hanover County Board of
Elections website.
Chair Miller shared a letter from County Manager Chris Coudriet to the local party chairs
and campaign representatives regarding the deadline of 10:00 a.m. on October 31, 2024,
Board Minutes – 10/29/2024 Page | 4
to remove or relocate political signs, flags or banners that obstruct or obscure existing
signage at the future Board of Elections, Senior Resource Center, and Northeast Library
Early Voting sites.
Chair Miller noted that the preliminary challenge hearings appealing removal of two
voter registrations due to felony convictions were withdrawn to allow for additional
investigation and guidance from the NC State Board of Elections.
Chair Miller reported receiving email notification from the US Postal Service Inspector
General about two absentee ballot packets that were confiscated by another law
enforcement agency involved in an investigation. The notice appears to be due to the
possibility that the envelopes contained ballots. Director Hunter-Havens said the voters
will be contacted to follow up on whether the absentee ballots will need to be spoiled and
resent to the voters. It is not unusual to have a few returned each election, often due to an
incorrect address.
Member Morris reported his concerns with observer and electioneer complaints about
access to restrooms at the Early Voting sites and observers reporting that chief judges are
denying re-entry if they leave the voting enclosure to use the restroom. Director Hunter-
Havens said public restroom facilities are available at some early voting sites or nearby
establishments and chief judges will be reminded to allow an observer to re-enter in that
situation. He also asked about the availability of sufficient back-up DS200s to receive
ballots noting the temporary malfunction of DS200s at 3 Early Voting sites. Director
Hunter-Havens said election officials followed established protocols in each case
preventing voting delays while the DS200s were serviced or replaced, and sufficient
back-ups are tested and ready for use if needed.
7.ADJOURNMENT
Secretary Morgan moved to adjourn the meeting, seconded by Chair Miller. Motion
carried unanimously. The meeting adjourned at 11:12 p.m.
The next Board meeting is scheduled to be held on November 4, 2024, at 5:00 p.m., at the
Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington,
NC.
APPROVED BY: RESPECTFULLY SUBMITTED:
_____________________________________________________________
JAMES BATTLE MORGAN, JR.RAE HUNTER-HAVENS
SECRETARY ELECTIONS DIRECTOR
Board Minutes – 11/04/2024 Page | 1
SPECIAL MEETING
New Hanover County Board of Elections
November 4, 2024
5:00 P.M.
ATTENDANCE
Members: Derrick R. Miller, Chair
James Battle Morgan, Jr., Secretary
Natalie Hinton-Stalling, Member
Bruce Kemp, Member
Tom Morris, Member
Staff:Rae Hunter-Havens, Executive Director
Caroline Dawkins, Deputy Director
Noelle Powers, Elections Systems Administrator
Beth Pugh, Elections Specialist
Joan Geiszler-Ludlum, Administrative Elections Technician
Ballot Duplication Team: Emily Fountain, Pam Greene, Bea
Powell
Elections Assistants: Gerotha Spain, Cheryl Fuller, Alana Phillips,
Arlene Brayford, Georgette Saul
Visitors: Tufanna Bradley, Assistant County Manager; Kemp Burpeau,
Senior Deputy County Attorney
Public Attendees: Leslie Antos, Clarice Reber, League of Women Voters LCF;
Allyson Parrish; Matthew Emborsky, NHC GOP
Virtual Attendees: Patrick; Jessica O’Neill; Public; Jenna Dahlgren
1.MEETING OPENING
a.Call to Order
Chair Miller called the meeting to order at 5:00 p.m. The New Hanover County Board of
Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A
Military Cutoff Road, Wilmington, NC. All members were present.
Chair Miller reminded the audience, Board and staff to silence their cell phones; that the
meeting is being recorded and live streamed over the internet; that members of the
audience should speak only when invited; and to limit crosstalk during Board discussion.
Board Minutes – 11/04/2024 Page | 2
b. Pledge of Allegiance
Chair Miller called on the audience to rise and recite the Pledge of Allegiance.
c. Approval of Agenda
Chair Miller moved to approve the agenda with one amendment, to authorize staff to
proceed with processing the absentee applications pending Board approval because that
will take a while, seconded by Member Kemp. Motion to approve the agenda as
amended carried unanimously.
d. Approval of Minutes
Chair Miller called for any corrections or changes to the minutes of the 10/22/2024 Board
meeting as submitted. Hearing none, he said the minutes are approved by unanimous
consent.
2. PUBLIC COMMENT PERIOD
Chair Miller called upon the public attendees for their comments or questions, limited to
two minutes each with a total maximum time of ten minutes.
Matt Emborsky, NHC GOP, reviewed the topics of the public records request he has
submitted to the Board of Elections office.
Seeing and hearing no public attendees wishing to comment, Chair Miller closed the
Public Comment period.
3. NEW BUSINESS
a. Review of Absentee Ballot Applications
Chair Miller said there are a total of 2,123 absentee ballot applications: 1,920 civilian
applications, 120 military and overseas applications (UOCAVA1) and 83 applications
pending Board approval consisting of loose ballots, unsealed ballot envelopes, or photo
ID sealed in the ballot envelope
The Board reviewed 120 UOCAVA, 3 VIP2, and 24 applications with cure certifications
that are duplicated for scanning as required. Board review began at 5:08 p.m. and
concluded at 6:38 p.m.
Chair Miller noted that 2 residents of the same household returned 1 return envelope
containing 2 unsealed ballot envelopes. Director Hunter-Havens said this does not
1 Uniform and Overseas Civilian Absentee Voting Act
2 Visually Impaired Portal
Board Minutes – 11/04/2024 Page | 3
disqualify the absentee ballots. The Board agreed by consensus to follow their precedent
and accept both ballots.
Chair Miller said the Board has reviewed 147 absentee ballots duplicated by staff outside
of the meeting as authorized, leaving 1,976 applications. The Board has a policy in place
to spot-check 20% + 20 or 412 by 2 bipartisan teams. Board review began at 6:41 p.m.
and concluded at 8:27 p.m. Members Hinton-Stalling and Kemp reviewed W25, W26,
FP03, CF01, and WB; Secretary Morgan and Member Morris reviewed H13, M03, W29,
CF06, and H12.
Chair Miller said that the Board review started with 2,123 absentee ballot applications
and added 1 additional ballot during review as described above. Staff completed their
review, recommending that the Board accept 72 of 84 pending applications. Chair Miller
moved to accept 2,112 absentee ballot applications, seconded by Secretary Morgan.
Motion carried unanimously.
b.Oath Certificates for Absentee Ballots
Director Hunter-Havens said the Civilian Certificate of Oath and Certificate of Executed
Absentee Ballots certify that the Board has reviewed and approved the absentee
applications received and processed through 5:00 p.m. the day before Election Day. The
executed Certifications must be sent to the polling places with a copy of the Executed
Absentee Ballots Public Report by 10:00 a.m. on Election Day.
.
4.CLOSED SESSION
Chair Miller said there is no business requiring a closed session.
5. GENERAL DISCUSSION
Chair Miller moved to authorize staff to make assignments of Emergency Election Day
Officials to work outside their home precincts to meet staffing requirements. So far, 3
emergency appointments of officials, making a majority of transfer officials, are needed
in precincts H06, W08 and W34, seconded by Member Kemp. Motion carried
unanimously.
7.ADJOURNMENT
Member Morris moved to adjourn the meeting, seconded by Member Hinton-Stalling.
Motion carried unanimously. The meeting adjourned at 8:56 p.m.
The next Board meeting is scheduled to be held on November 5, 2024, at 2:00 p.m., at the
Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington,
NC.
Board Minutes – 11/04/2024 Page | 4
APPROVED BY: RESPECTFULLY SUBMITTED:
_____________________________________________________________
JAMES BATTLE MORGAN, JR.RAE HUNTER-HAVENS
SECRETARY ELECTIONS DIRECTOR
Board Minutes – 11/05/2024 Page | 1
SPECIAL MEETING
New Hanover County Board of Elections
November 5, 2024
2:00 P.M.
ATTENDANCE
Members: Derrick R. Miller, Chair
James Battle Morgan, Jr., Secretary
Natalie Hinton-Stalling, Member
Bruce Kemp, Member
Tom Morris, Member
Staff:Rae Hunter-Havens, Executive Director
Caroline Dawkins, Deputy Director
Noelle Powers, Beth Elections Systems Administrator
Joan Geiszler-Ludlum, Administrative Elections Technician
Visitors: Tufanna Bradley, Assistant County Manager; Kemp Burpeau,
Senior Deputy County Attorney
Public Attendees: Clarice Reber, League of Women Voters LCF; Alicia Jacobson
Virtual Attendees: Miguel Marquez; Jessica O’Neill; 323-646-4314
1.MEETING OPENING
a.Call to Order
Chair Miller called the meeting to order at 2:03 p.m. The New Hanover County Board of
Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A
Military Cutoff Road, Wilmington, NC. All members were present.
Chair Miller reminded the audience, Board and staff to silence their cell phones; that the
meeting is being recorded and live streamed over the internet; that members of the
audience should speak only when invited; and to limit crosstalk during Board discussion.
b.Pledge of Allegiance
Chair Miller called on the audience to rise and recite the Pledge of Allegiance.
c.Approval of Agenda
Board Minutes – 11/05/2024 Page | 2
Member Kemp moved to approve the agenda as submitted, seconded by Members
Hinton-Stalling and Morris. Motion carried unanimously.
2. PUBLIC COMMENT PERIOD
Chair Miller called upon the public attendees for their comments or questions, limited to
two minutes each with a total maximum time of ten minutes.
Seeing and hearing no public attendees wishing to comment, Chair Miller closed the
Public Comment period.
3. NEW BUSINESS
a. Ballot Challenges
Director Hunter-Havens presented 16 voter challenge forms for preliminary review by
the Board: 3 voters who voted absentee ballots and were removed subsequently due to
death, and 13 voters who completed Same Day Registrations (SDR) and voted during
Early Voting but whose voter registration verification cards were returned as
undeliverable.
Eligibility to vote is judged as of Election Day. County Board challenges are reserved for
information the county board learns regarding a voter’s eligibility through the Board’s
uniform review of records in its possession. To challenge an absentee or early voting
ballot, the Board considers the prescribed Voter Challenge Form and any attached
relevant evidence. The Board sets a hearing on the day of canvass on the challenge with
proper written notice to the voter. After the hearing, the Board may uphold or deny the
challenge. The only way to retrieve and discount the ballot of a disqualified absentee or
early voter is through a timely and successful voter challenge.
If the Board gives preliminary consent to hearing the challenges, the voter whose ballot is
challenged will be notified by first-class mail of the reason for the challenge and the date
and time of the canvass. If the challenge is sustained, the Board shall direct county board
staff to retrieve the challenged ballot, deduct any ineligible votes manually, and complete
the canvass report to reflect deletion of the challenged ballot. If the challenge is
dismissed or overruled, the Board should proceed to count the ballot.
After the Board reviewed the Voter Challenge forms and supporting evidence, Chair
Miller moved to proceed with a hearing on the challenges to remove 3 absentee ballots
due to the deaths of the voter after casting their ballot and before Election Day, seconded
by Member Morris. Motion carried unanimously.
Chair Miller moved to challenge 13 Early Voting ballots based on a voter registration
card mailed to the address the voter gave on their Same Day registration and returned as
Board Minutes – 11/05/2024 Page | 3
Undeliverable, seconded by Member Kemp.
In response to a question, Director Hunter-Havens confirmed that the challenges are
based on the routine uniform review and verification procedures. Hearing no further
questions or discussion, Chair Miller called the vote. Motion carried unanimously.
b.Counting Absentee Ballots
Director Hunter-Havens said, with the Board’s authorization, staff will tabulate the
approved absentee ballots from each Special Absentee meeting. Results will be cross-
checked by meeting date and compiled for release at the close of the polls at 7:30 p.m.
Member Kemp asked if the Board would review the report of the actual contest results by
meeting date. The Director confirmed that it will be one of the reports the Board will
review.
Chair Miller said Secretary Morgan and Member Morris will observe the uploading of
the absentee weekly Board meeting data to the NC State Board of Elections which began
at 2:31 p.m. and concluded at 3:20 p.m. The Board members reviewed the reports from
the tabulation and signed the Absentee Abstract, which is confidential until the polls
close at 7:30 p.m.
4.CLOSED SESSION
Chair Miller said there is no business requiring a closed session.
5. GENERAL DISCUSSION
Chair Miller called on the Board members for discussion of election-related matters.
Member Kemp asked about the processing of the absentee ballots received after the cut-
off for those that were approved on Monday through Election Day. Director Hunter-
Havens said a team is processing those as quickly as possible to give voters sufficient
time to cure any deficiencies by the deadline of 5:00 p.m. on the day before canvass.
In response to a question, Director Hunter-Havens reported that turnout at 2:00 p.m., was
21,229, nearly double the count 4 hours earlier. Sites are running smoothly,
and election officials are holding up well although taking a toll on the officials who
worked both Early Voting and Election Day.
Member Morris asked about projected turnout. The Director estimated turnout on
Election Day between 40,000 to 45,000 voters.
The Director reviewed the process of closing the Early Voting DS200 machines with
Chair Miller and Member Morris observing. Each DS200 will be powered up twice
Board Minutes – 11/05/2024 Page | 4
because there are two sticks for each tabulator. This is not a public meeting, but
livestream of Early Voting closing will be available at 7:30 pm.
7. ADJOURNMENT
Member Kemp moved to adjourn the meeting, seconded by Chair Miller. Motion carried
unanimously. The meeting adjourned at 3:30 p.m.
The next Board meeting is scheduled to be held on November 12, 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
Board Minutes – 11/12/2024 Page | 1
REGULAR MEETING
New Hanover County Board of Elections
November 12, 2024
5:30 P.M.
ATTENDANCE
Members: Derrick R. Miller, Chair
James Battle Morgan, Jr., Secretary
Natalie Hinton-Stalling, Member
Bruce Kemp, Member
Tom Morris, Member
Staff:Rae Hunter-Havens, Executive Director
Noelle Powers, Elections Systems Administrator
Joan Geiszler-Ludlum, Administrative Elections Technician
IT Support: Sunny Hwang, Jason Lee, Ian Thackrah
Visitors: Tufanna Bradley, Assistant County Manager; Kemp Burpeau,
Deputy County Attorney
Public Attendees: Elli Klein, Jill Hopman, Ian Appling, Jackie Lowe, Joan Bradley,
Wendy Hunt, NHCDP; Ben Schactman, WHQR; Deborah Dicks-
Maxwell, NC NAACP; David Perry, David Perry for Board of
Education; Oliver Carter; Anne Tindall, Protect Democracy;
Keelin Berrian, WWAY; Christy Boba; Alexa Wandersee, Port
City Daily; Emma Dollenmayer, WECT; Gayle Nicholson; Paul
Sommers; Madison Lipe, Star News; Rob Zapple
Virtual Attendees: 41
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.
Chair Miller reminded the audience, Board and staff to silence their cell phones, that the
meeting is being recorded and live streamed on the internet, and to avoid conversation
and crosstalk during Board discussion.
Board Minutes – 11/12/2024 Page | 2
b.Pledge of Allegiance
Chair Miller invited all in attendance to rise and recite the Pledge of Allegiance.
c.Approval of Agenda
Chair Miller moved to approve the agenda with two changes: first, to move the Closed
Session to follow General Discussion, and second, to consider a motion before moving to
Public Comments, seconded by Member Kemp. Hearing no other changes or objections,
the agenda as amended was approved unanimously.
Chair Miller stated his motion that the Board affirms that our election staff is counting
votes fairly and accurately, that we have observed the process closely, and that we
commend our election staff for their excellent work and dedication, seconded by Member
Kemp.
Chair Miller said he wanted to assure the public on behalf of the Board that they will
have the official results on time, and they will be accurate. He further stated
unequivocally that all ballots have been maintained securely, proper chain of custody has
been maintained and all security measures have been observed. The ballots are secure,
the vote is secure. He called on the Board members for any discussion of the motion.
Member Kemp said he has observed previous elections where the staff have gone through
all the processes to the end and each time has been impressed by all the work that is done,
all the details, reconciliations and he has no doubt that those same activities will be
happening in the coming days. He said he is always impressed with the reconciliations
and the accounting for every detail.
Hearing no further discussion, Chair Miller called the vote. Motion carried unanimously.
2.PUBLIC COMMENT PERIOD
Chair Miller called upon the public attendees for their comments or questions, limited to
two minutes each, total of 20 minutes.
Jill Hopman, Chair of New Hanover County Democratic Party and Commissioner on the
bipartisan NC Commission on the Future of Elections, spoke in support of the work of
the New Hanover County Board of Elections and of increased funding.
David Perry, a candidate for NHC Board of Education, encouraged the Board to be pro-
active in communication about the process of counting ballots.
Matthew Emborsky, NHC GOP, repeated his concerns about the Sample Audit Count
procedures and his allegation that the DS850 tabulator does not produce a paper record.
Deborah Dicks-Maxwell, President of NC NAACP, supported the work of the Board, the
staff, and Director Hunter-Havens, and encouraged increased funding for elections.
Board Minutes – 11/12/2024 Page | 3
Derek Bowens, a virtual attendee, the current Durham County Director of Elections and
former New Hanover County Director, spoke in support of Director Hunter-Havens and
praised the Board for its support of the Director.
Kelly Kennoyer, WHQR, a virtual attendee, requested that the Board members identify
themselves before speaking.
Seeing and hearing no other public attendees wishing to comment, Chair Miller closed
the Public Comment period at 5:53 p.m.
3. DIRECTOR’S UPDATE
Chair Miller called on Director Hunter-Havens to give her reports.
a. Financial Update
Director Hunter-Havens reported that the year-to-date budget reflects encumbrances and
payments for outstanding invoices that will be processed before the December Board
meeting. Due to an unexpected increase in demand for curbside voting, there will be cost
overruns for contracted services for additional elections staff and traffic management.
b. List Maintenance
Director Hunter-Havens reported that list maintenance in September and October resulted
in removal of 4,922 voter registrations and processing of 10,071 new registrations, 8,766
registrations without changes, and 10,046 voter registration updates. The agenda packet
includes additional information about the sources of registration, snapshots of
administrative processes, and a breakdown of county voter registrations.
c. Report on Outstanding Ballots to Be Counted
Chair Miller asked the Director for an update on the number of outstanding absentee and
provisional ballots to be counted.
Director Hunter-Havens reported there are 1,912 absentee-by-mail ballots subject to
Board review, including 335 in affidavit pending status, the classification indicating that
the Board must review and approve photo ID exception forms; 13 with cure
certifications; and 90 pending Board authorization to staff to complete processing of
ballots received with the ballot envelope unsealed or the ballot loose in the return
envelope to preserve the ballot chain of custody.
Chair Miller asked the Director if the Board can authorize staff to complete review of
the 90 absentee applications in pending status outside of a Board meeting, like the
authorization to duplicate UOCAVA ballots. Director Hunter-Havens said she is
awaiting NC State Board of Elections guidance on that question, with the current
guidance that these pending applications are considered open ballots and must be opened
in a public meeting.
Board Minutes – 11/12/2024 Page | 4
Chair Miller moved to authorize staff to complete their review of the 90 pending
applications outside of the meeting if the NCSBE guidance permits. Member Kemp
expressed his support for the motion. Hearing no objection, Chair Miller said conditional
authorization is given to the staff to proceed to open and review the 90 pending
applications outside of the Board meeting and present their recommendations at the next
Board meeting.
The Director reported that staff have reviewed 1,970 provisional applications and are
recommending that the Board approve 467, not approve 1,195, and give partial approval
to 266 where the voter voted out of their assigned precinct on the wrong ballot style with
ineligible contests. Finally, there are 42 provisional applications pending further
research and consultation with the NCSBE. The board will take formal action on these
provisional applications at the Thursday, November 14th board meeting.
At the request of Chair Miller, Director Hunter-Havens reviewed what will happen when
the Board meets on Thursday, November 14, and Friday, November 15, 2024.
The Thursday meeting is the Pre-Canvass meeting. The Board will review the
provisional applications and additional absentee applications. Specifically, the Board
will conduct their review of the duplicated UOCAVA ballots, cured absentee
applications, and a sample of the civilian applications following their policy. Staff will
open, scan and tabulate the approved absentee ballots on the DS850 which will print a
results report. After Board review, those results will be uploaded to the State Board for
release to the public.
Member Kemp asked for an estimated time the results will be released to the public. The
Director said, based on the volumes reviewed previously in the absentee meetings, the
review process will take about 5 hours and results should be available by 10:00 p.m. All
steps will be completed as quickly as possible, but the focus is on accuracy, not speed.
The Sample Audit Count will also be completed, one of the statutory audit requirements.
The voting groups selected for the 2024 General Election Sample Audit Count are
absentee-by-mail ballots and precinct W30 with 3 teams auditing the absentee ballots and
1 team auditing Election Day precinct W30. Each team consists of 1 caller, 2 talliers and
1 observer doing a hand-to-eye count of the votes in the Presidential contest. The Sample
Audit Count will take place in the Paynter Room and is open to the public to observe in
silence.
The Friday meeting is the final canvass of the 2024 General Election. The Board will
review all results from the absentee weekly meetings, the precinct processed reports from
the DS850 and results reports. In addition, the Board will consider disqualification of
ballots cast during Early Voting where the voter completed a same-day registration for,
but the required voter registration confirmation card has been returned undeliverable,
indicating a problem with the address provided by the voter. Staff received 169
undeliverable cards from the US Postal Service today alone, making total challenges to
date 231.
Board Minutes – 11/12/2024 Page | 5
4. NEW BUSINESS
• Ballot Challenges
The Board considered 19 administrative challenges to address the status of absentee
ballots cast by persons allegedly convicted of a felony (13) or deceased (6) after casting
an absentee or early voting ballot and before Election Day based on official records. The
Board reviewed a copy of the 19 Administrative Voter Challenge forms. These
challenges were issued, and notice sent as Administrative challenges on advice of the
NCSBE to comply with statutory voter notice requirements.
5. GENERAL DISCUSSION
Chair Miller called on the Board members for any election-related items for discussion.
Hearing none, he closed the General Discussion.
6. CLOSED SESSION
Chair Miller moved to enter closed session under NC Gen. Stat. §143-318.11(a)(6) to
discuss whether current legal counsel could adequately represent the Board free of
conflicts of interest, seconded by Secretary Morgan. Motion carried unanimously.
Closed session began at 6:28 p.m. The Board returned to open session at 7:01 p.m.
7. ADJOURNMENT
Member Morris moved to adjourn the meeting, seconded by Member Hinton-Stalling.
Motion carried unanimously. The meeting adjourned at 7:04 p.m.
The next Board meeting is scheduled to be held on November 14, 2024, at 2:00 p.m., at
the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road,
Wilmington, NC.
APPROVED BY: RESPECTFULLY SUBMITTED:
_______________________________ _____________________________
JAMES BATTLE MORGAN, JR. RAE HUNTER-HAVENS
SECRETARY ELECTIONS DIRECTOR
Board Minutes – 11/14/2024 Page | 1
SPECIAL MEETING
New Hanover County Board of Elections
November 14, 2024
2:00 P.M.
ATTENDANCE
Members: Derrick R. Miller, Chair
James Battle Morgan, Jr., Secretary
Natalie Hinton-Stalling, Member
Bruce Kemp, Member
Tom Morris, Member
Staff:Rae Hunter-Havens, Executive Director
Caroline Dawkins, Deputy Director
Noelle Powers, Elections Systems Administrator
Beth Pugh, Elections Specialist
Joan Geiszler-Ludlum, Administrative Elections Technician
Jennifer Sparks, Printelect
Elections Assistants: Glenda Blair, Arlene Rayford, Robyn
Garrett, Elizabeth Wilson; Tracie Sirjue
Sample Audit Count Teams: Eileen Jezercak, Toni Dewey,
Cindy Fusco, Lisa Bohbrink, Rod Ertischek, Wayne Gibson, Lori
Hull, Barry Jezercak, Suzi Keefe, Linda Lindsay, Carol Lupton,
Mimi Marquis, Lana Nesbit, Connie Petrovic, Elaine Syres, Deb
Whitman
Visitors: Tufanna Bradley, Assistant County Manager; Alex Riley, NHC
Communications; Paul Cox, NCSBE General Counsel
Public Attendees: Clarice Reber, Leslie Antos, Jana Albritton, League of Women
Voters LCF; Jill Hopman, Ian Appling, Marlene Barney, Elli
Klein, Wendy Hunt, NHCDP; David Perry, David Perry for Board
of Education; Lindsey Strope; Becky Jaskey; John Jaskey; Katrina
Morton; Matthew Emborsky, NHC GOP; Kristen Bray; Scott
Mason, Vice Chair, NC GOP District 7; Liz Henry, Char Marker,
taxpayers; Katelin Kaiser, Democracy NC; Madison Lipe, Star-
News; Natalie Mooney, Spectrum News 1; Ava Brendgord,
Delaney Tarpley, WECT News; Brenna Flanagan, Port City Daily;
Keelin Berrian, WWAY; Fran Sulak; Gayle Nicholson; Paul
Sommers; Suzette Curry, Christine Lloyd, NHC NAACP; Fran
Sulak; Matthew Emborsky, NHC GOP; Elli Klein, NHCDP; Peter
Lefone; Ann Marie Calabria, NHC; David A. Perry, David Perry
Board Minutes – 11/14/2024 Page | 2
for Board of Education; Becky Jaskey, John Jaskey; Susan
Kreamer; Seth Pope; Kristen Bray
Virtual Attendees: 26
1.MEETING OPENING
a.Call to Order
Chair Miller called the meeting to order at 2:00 p.m. The New Hanover County Board of
Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A
Military Cutoff Road, Wilmington, NC. All members were present.
Chair Miller reminded the audience, Board and staff to silence their cell phones; that the
meeting is being recorded and live streamed over the internet; that members of the
audience should speak only when invited; and to limit crosstalk during Board discussion.
b.Pledge of Allegiance
Chair Miller called on the audience to rise and recite the Pledge of Allegiance.
c.Approval of Agenda
Member Kemp moved to approve the agenda as submitted, seconded by Member Morris.
Motion carried unanimously.
2.PUBLIC COMMENT PERIOD
Chair Miller called upon the public attendees for their comments or questions, limited to
two minutes each with a total maximum time of ten minutes.
Matthew Emborsky, NHC GOP, repeated his concerns about the Sample Audit Count
procedures and his allegation that the DS850 tabulator does not produce a paper record.
Marlene Barney, NHCDP observer, shared her observations from the polls.
Seeing and hearing no public attendees wishing to comment, Chair Miller closed the
Public Comment period.
3. NEW BUSINESS
a.Sample Audit Count
Chair Miller called on Director Hunter-Havens to explain the procedures for the Sample
Audit Count.
Board Minutes – 11/14/2024 Page | 3
Director Hunter-Havens said the Sample Audit Count is part of the post-Election Day
auditing process that ensures the reliability of the voting equipment in tabulating election
results. It is a hand-eye count that spot-checks two randomly drawn voting groups. The
sample for New Hanover County is Precinct W30 and absentee-by-mail ballots and will
count the Presidential contest. Bipartisan teams of election officials will hand count the
ballots in the designated voting groups and the hand-counted results will be compared to
the tabulated machine results, with any variances reported to the Board.
The Sample Audit Count took place in the Paynter Room adjacent to the office. A
viewing area was available. Members of the public were invited to observe in silence.
Hearing no objections, Chair Miller said the Sample Audit Count was authorized to
proceed by unanimous consent.
b. Review of Provisional Ballot Applications
Chair Miller called on Director Hunter-Havens to present her report.
Director Hunter-Havens presented 1,955 provisional ballot applications for the Board’s
consideration. She said staff investigation started with 1,976 provisional applications and
deleted 21 invalid records that occurred because the Help Desk Operator cannot cancel a
provisional record on site due to software constraints Each deleted record is supported by
documentation supporting the deletion of the record, which may include notes regarding
the voter’s decision not to vote provisionally or the election official’s request to delete the
record due to data entry error.
The Director recommends that the Board not approve 1,204 provisional applications,
approve 478 for full count, and 267 for partial count. The 478 provisional applications
for approval include those with completed photo ID exception forms. Partial count
approvals occur when the voter casts a ballot at a precinct other than their precinct of
registration and the available ballot contains contests for which that voter is not eligible,
usually a legislative or superior court contest. The partial approval ballots must be
duplicated on the correct ballot style for that voter before tabulation.
Director Hunter-Havens presented 2 pending provisional applications where the voter
cast an absentee ballot, then not seeing verification that the Board had accepted the
absentee ballot, cast a provisional ballot1 as a back-up. The 2 pending absentee
applications are scheduled for review in this meeting. The Board will determine which
ballot was received first and authorize the counting of that ballot. If the absentee ballot
has a deficiency and cannot be approved, then the Board can consider approving the
provisional ballot.
The third pending provisional application falls within a different category. In researching
the application, an early voting application was located, indicating that the person already
voted. In comparing the provisional application signature to the early voting application,
the signatures did not bear a reasonable resemblance to each other. We do not usually
1 The voter could not cast a regular ballot because there was indication that the voter had already voted.
Board Minutes – 11/14/2024 Page | 4
compare signatures but the difference in the signatures was obvious in this case. The
Director passed the supporting documents to the Board for their review. She said her
recommendation is to not approve the provisional application in this case. After Board
review, the members concurred with the staff’s recommendation to approve 3, address 2
administratively and not approve 1 provisional application
Director Hunter-Havens presented 3 provisional applications where, through election
official error, the wrong voter was selected. This usually happens with voters of similar
names or a father and son and is discovered when the wrongly selected voter comes in to
vote or is noted when the signature differs from the registered name. With the Board’s
approval to accept these three ballots, staff will count the ballots and reassign voter
history to the correct voter.
Chair Miller moved to approve the 3 pending provisional ballot applications which staff
have reviewed for compliance with all requirements and recommend approval, seconded
by Secretary Morgan. Motion carried unanimously.
Chair Miller said there are 267 approved partial provisional ballots for duplication.
Director Hunter-Havens said the majority of the provisionals for partial approval were
cast by voters on Election Day who voted in a precinct polling place other than the
precinct in which they are registered. In many cases, the ballot style available was
different from the ballot style which they are eligible to vote. Partial approval allows
duplication of the ballot on the voter’s correct ballot style. If approved, the partial
approvals will be moved to the Oleander Room for duplication.
Chair Miller moved to approve 267 partial provisional ballots, seconded by Member
Kemp. Motion carried unanimously. Chair Miller said, hearing no objection, staff may
proceed with duplicating the approved partial ballots by unanimous consent.
Chair Miller said there are 478 provisional applications that staff has recommended for
approval and moved to approve these, seconded by Member Kemp. Motion carried
unanimously. Chair Miller noted that the Board has approved 748 of 1,955 provisional
applications for full or partial counting.
The Board took a short break at 2:53 p.m. to allow staff to restage to begin tabulating the
approved provisional. The meeting continued at 2:58 p.m. to address the supplemental
absentee applications. Chair Miller called on the Director for her report.
c.Review of Supplemental Absentee Ballot Applications
Director Hunter-Havens reported that 92 applications were received with ballots loose in
the return envelope or not sealed in the ballot envelope. Chair Miller said, hearing no
objection, staff is authorized to open and review 92 applications in pending status.
Director Hunter-Havens said there are 169 UOCAVA2 and 3 VIP3 ballots the staff
2 Uniformed and Overseas Citizens Absentee Voting Act
3 Visually Impaired Portal
Board Minutes – 11/14/2024 Page | 5
have been duplicated outside the Board meeting as authorized. The Board proceeded to
review the duplicated ballots for accuracy in 2 bipartisan teams. Review began at 3:01
p.m. and concluded at 4:37 p.m. The Board took a short break.
When the meeting resumed, Chair Miller said the Board has reviewed 169 UOCAVA
ballots and 3 VIP ballots, for a total of 172 absentee ballots out of a total of 1,955
absentee applications. He said the Board will review 32 absentee applications with cure
certifications in 2 bipartisan teams. Review began at 4:43 p.m. and concluded at 5:07
p.m.
Chair Miller said there is a question on 1 application with a cure certification and called
on Director Hunter-Havens for her report. The Director reviewed with Member Kemp
and Beth Pugh, Elections Specialist, and determined that the photo ID driver’s license
presented was expired which disqualifies the application.
Chair Miller said the Board has reviewed 203 applications: 169 UOCAVA, 3 VIP, and
31 cured. That leaves 1,755 to be spot-checked following the Board’s adopted policy to
spot-check 20 + 20% of the absentee ballots. The Board proceeded to spot-check 367 in
2 bipartisan teams. Review began at 5:14 p.m. and concluded at 6:55 p.m.
Chair Miller said after review there are 1,950 absentee applications and moved to
approve 1,950, seconded by Secretary Morgan. Motion carried unanimously.
Director Hunter-Havens returned to the 2 voters who cast both an absentee ballot and an
Election Day provisional ballot. The absentee ballots were received first and approved
among the 1,950 absentee ballots just approved. She recommended not to approve the 2
provisional ballots cast by those voters. Chair Miller moved to disapprove the 2
provisionals, seconded by Member Morris. Motion carried unanimously.
d. Supplemental Oath Certificates for Absentee Ballots
Chair Miller signed the Supplemental Oath Certificates for Civilian and for Military and
Overseas Civilians.
Opening and scanning of 1,950 approved absentee applications and 481 approved
provisional ballots began at 7:25 p.m. and concluded at 9:21p.m. Members Hinton-
Stalling and Kemp went with staff to observe uploading of the results to the NCSBE at
9:21 p.m.
The Board reconvened at 10:54 p.m. and received the report from the Sample Audit
Count. Deputy Director Caroline Dawkins reported that there were no changes in
precinct W30. In the absentee reporting group, for President, Kamala Harris added 9
votes and Donald Trump had one less vote. The Board reviewed the 257 duplicated
partially approved provisionals in two bipartisan teams. Review concluded at 12:01 a.m.
Board Minutes – 11/14/2024 Page | 6
Scanning of the approved provisionals began at 12:07 a.m. and concluded at 12:57 a.m.
Uploading the tabulation data began at 12:59 a.m. with Chair Miller and Member Morris
observing and concluded at 1:36 a.m.
The Board reconvened at 1:37 a.m.
4.CLOSED SESSION
Chair Miller said there is no business requiring a closed session.
5. GENERAL DISCUSSION
Chair Miller called for any Board member discussion of election-related matters.
Hearing none, Chair Miller called for a motion to adjourn.
7.ADJOURNMENT
Member Morris moved to adjourn the meeting, seconded by Chair Miller. Motion carried
unanimously. The meeting adjourned at 1:37 a.m.
The next Board meeting is scheduled to be held on November 15, 2024, at 11:00 a.m., at
the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road,
Wilmington, NC.
APPROVED BY: RESPECTFULLY SUBMITTED:
_____________________________________________________________
JAMES BATTLE MORGAN, JR.RAE HUNTER-HAVENS
SECRETARY ELECTIONS DIRECTOR
Board Minutes – 11/15/2024 Page | 1
SPECIAL MEETING
New Hanover County Board of Elections
November 15, 2024
11:00 A.M.
ATTENDANCE
Members: Derrick R. Miller, Chair
James Battle Morgan, Jr., Secretary
Natalie Hinton-Stalling, Member
Bruce Kemp, Member
Tom Morris, Member
Staff:Rae Hunter-Havens, Executive Director
Caroline Dawkins, Deputy Director
Noelle Powers, Elections Systems Administrator
Beth Pugh, Elections Specialist
Joan Geiszler-Ludlum, Administrative Elections Technician
Visitors: Tufanna Bradley, Assistant County Manager; Paul Cox, NCSBE
General Counsel
Public Attendees: Jill Hopman, Elli Klein, Wendy Hunt, NHCDP; Will Robertson,
Brooks Pierce LLP; Allyson Parrish; Leslie Antos, League of
Women Voters LCF; Becky Jaskey; John Jaskey; Emily Davis,
Election Protection Coalition; Susan Collins, Morghan Collins
GOP; Susan Kreamer, Matthew Emborsky, NHC GOP; Lara
Logan; Caleb Rash, Dane Scalise protest; Kristen Gregory; Tiffany
Wilms; Brenna Flanagan, Port City Daily; Ben Schachtman,
WHQR; Madison Lipe, Star News; Ava Brendgord, Grace
Golonka, WECT News; Alex Riley, Jason Smith, NHC
Communications; Suzette Curry, Christine Lloyd, LeRon
Montgomery, NHC NAACP; Nate Mauldin, WWAY News; Pat
Bradford
Virtual Attendees: 32
1.MEETING OPENING
a.Call to Order
Chair Miller called the meeting to order at 11:00 a.m. The New Hanover County Board
Board Minutes – 11/15/2024 Page | 2
of Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A
Military Cutoff Road, Wilmington, NC. All members were present.
Chair Miller reminded the audience, Board and staff to silence their cell phones; that the
meeting is being recorded and live streamed over the internet; that members of the
audience should speak only when invited; and to limit crosstalk during Board discussion.
b. Pledge of Allegiance
Chair Miller called on the audience to rise and recite the Pledge of Allegiance.
c. Approval of Agenda
Member Morris moved to approve the agenda as submitted, seconded by Member
Hinton-Stalling. Member Kemp moved to amend the order of business to take up item
3.b., Preliminary Consideration of Elections Protest, after item 3.c., Canvass of 2024
General Election. After discussion of the basis of the Elections Protest, Member Kemp
modified the motion to address item 3.b., Preliminary Consideration of the Elections
Protest, after that portion of item 3.c., Canvass, to assess the impact of the item 3.a.,
Ballot Challenge Hearing on the results in the County Commissioner contest, seconded
by Member Morris. Hearing no additional discussion, Chair Miller called the vote on the
motion to amend the agenda. Members Kemp and Morris voted aye; Chair Miller,
Secretary Morgan, and Member Hinton-Stalling voted nay. Motion to amend the agenda
failed for lack of a majority.
Chair Miller returned to the motion to adopt the agenda as submitted. Hearing no further
discussion, Chair Miller called the vote. Chair Miller, Secretary Morgan, and Member
Hinton-Stalling voted aye; Members Kemp and Morris voted nay. Motion carried by
majority vote.
2. PUBLIC COMMENT PERIOD
Chair Miller called upon the public attendees for their comments or questions, limited to
two minutes each with a total maximum time of ten minutes.
Becky Jaskey thanked the Board for their service and read a prayer.
Cale Brash said he represents the Dane Scalise protest, described the nature of the
protest and encouraged the Board to avoid undue delay in hearing the protest.
Matthew Emborsky thanked all who worked at the polls and staff, saying he observed
“good people doing great things.” He said the suggestions he has made to the Board are
not intended as criticism, rather as improvements to procedure and transparency.
Will Robertson, Brooks Pierce LLP, said he represents two voters whose absentee
ballots are under challenge. He said his clients object to removal of their ballots which
were already counted. He said his clients were eligible voters at the time they cast their
Board Minutes – 11/15/2024 Page | 3
ballots and the protest as to them should be dismissed, citing NC Gen. Stat. §163-234 and
federal law.
Seeing and hearing no additional public attendees wishing to comment, Chair Miller
closed the Public Comment period.
3. NEW BUSINESS
a.Ballot Challenge Hearing
Chair Miller called on Director Hunter-Havens for her report.
Director Hunter-Havens said the Board or staff filed challenges to early voting and
absentee ballots cast by voters with a felony conviction or who had died after casting
their ballot based on information from official sources on November 5, 2024 and
November 12, 2024, respectively. Challenged registrants received written notice by
certified first-class mail and email notices sent to Chair Miller, Jill Hopman, Chair, NHC
Democratic Party, and Nevin Carr, III, Chair of NHC Republican Party. The Board will
determine whether the evidence presented from official sources merits removal of the
voter’s ballot. A challenge may only be sustained if it is substantiated by affirmative
proof.
If the challenges are sustained, the Board will direct staff to make such manual edits to
the results to deduct votes which the voter was not eligible to cast. If the challenge is
dismissed or overruled, the Board will count the ballot.
Member Kemp asked about other challenges identified but not yet presented. Director
Hunter-Havens said these are the only identified challenges submitted by the deadline.
Chair Miller read the names of the affected voters:
Absentee Ballot Application Approved, Voter Removed due to death before Election
Day: Billie Atkins, Margarette Blue, Shaun Cherowich, Nadia Coble, Reginald McKoy,
Charles Parnell, Timothy Pugh Sr., Herbert Taylor, Michael Vendetti.
Voters currently serving felony convictions: Terry Andrews, Scott Baxter, Bruce Blevins
III, Robert Dwyer, Scott Gouge, Charlie Hall, Ondray Herring, Frederick Hooper Sr.,
Kelly Howard, Megan Lewis, Shaun Lubell, Roger Robinson, Clarence Sylvester.
No one rose to speak to any of the challenges.
Chair Miller moved to sustain these 22 challenges to early voting and election day ballots
and authorized staff to remove the challenged ballots from the vote totals, seconded by
Member Hinton-Stalling. Motion carried unanimously.
Chair Miller called for a two-minute break. The meeting resumed at 11:44 a.m.
Board Minutes – 11/15/2024 Page | 4
Director Hunter-Havens presented 33 machine-rejected ballots that require duplication
for scanning. Chair Miller authorized staff to duplicate the ballots outside of the meeting
by unanimous consent.
The Board next considered administrative challenges to 231 same-day registrations with
ballots cast during early voting. The challenges are based on the return-as-undeliverable
of the required same-day registration verification postcards. Staff successfully located
210 of the 231 ballots; 21 lacked clearly identifiable information. If the Board sustains
the administrative challenges, 210 ballots will be manually deducted from the results and
the registrations denied as incomplete, and the other 14 registrations will be denied and
flagged in voter history as incomplete.
Chair Miller invited any affected registrant to address the Board. No one responded.
Chair Miller said no vote is required as this is an administrative process.
b.Preliminary Consideration of Elections Protest
Board members addressed a possible conflict of interest in the protest for Member Kemp
after observing him conversing during the break. Chair Miller asked for legal guidance
from Mr. Cox, who said due process is required when a challenge is filed. A conflict of
interest requires a personal stake in the outcome and, if present, requires the member of
the Board to recuse himself or herself. Board members should not prejudge a matter
before them and should remain free of bias. It is a Board judgment whether a member
appears to have pre-judged a matter. Member Kemp said he is satisfied that none of
those statements apply to him.
Chair Miller called on Director Hunter-Havens to report on the preliminary consideration
of the elections protest, a formal complaint that calls into question the apparent unofficial
results of an election or contest to alleged irregularities or misconduct that affected the
outcome of the election. Candidate Dane Scalise filed an election protest on November
12, 2024, alleging a defect in the way votes were counted or results tabulated, sufficient
to cast doubt on the election result, and/or a violation of election law, irregularity, or
misconduct sufficient to cast doubt on the apparent results of the election.
Preliminary consideration of the protest is limited to whether the protest, as filed, meets
the procedural requirements and presents probable cause that an election law violation,
irregularity, or misconduct sufficient to cast doubt on the result. The Board will first
consider whether the protestor has standing to file the election protest and whether the
protest was filed timely. If the Board determines that protest does not meet the
procedural requirements, the Board must dismiss the protest. If the protest meets these
requirements, the Board must schedule a hearing on the protest to answer these
substantive questions:
1.Does the protest establish probable cause that a violation of election law
occurred?
2.Does the protest establish probable cause that an irregularity occurred?
Board Minutes – 11/15/2024 Page | 5
3. Does the protest establish probable cause that misconduct occurred?
If the Board answers “yes” to any of these questions, the Board then determines whether
the alleged act was sufficient to affect the outcome of the election. If the
county board establishes probable cause of an outcome-determinative irregularity,
violation of law, or misconduct, and that the procedural requirements were met, the
protest advances to a hearing. If the county board dismisses the protest at this stage, the
board must prepare a written order to memorialize its decision and send it to the protestor
and the State Board. The protestor may appeal the decision of a county board to dismiss a
protest to the NC State Board of Elections.
Chair Miller called for questions or comments from the Board members.
Secretary Morgan moved to dismiss the protest because there is not substantial evidence
of any violation, irregularity, or misconduct sufficient to cast doubt on the results of the
election. Chair Miller seconded the motion and called for Board discussion.
Member Kemp said the results of the 33 machine-rejected ballots in the process of
duplication could affect the results between third and fourth place in the County
Commissioners contest. Chair Miller noted that the current difference in vote count
between the third and fourth place candidates is 231 votes. He then asked if the protest is
about the machine-rejected ballots, and his answer was no.
Member Morris asked for a summary of the purpose of the protest. Chair Miller said the
protest addresses absentee ballots that were not counted on November 5 but were
reviewed and counted at the pre-canvass meeting on November 14. Member Morris said
the point is to get to a final number to determine the result. He asked the Chair to restate
the motion. Chair Miller said the motion was to dismiss the protest because there is not
substantial evidence of any violation, irregularity, or misconduct sufficient to cast doubt
on the results of the election.
Hearing no further questions or discussion, Chair Miller called the vote. Chair Miller,
Secretary Morgan and Member Hinton-Stalling voted aye; Members Kemp and Morgan
voted no. Motion to dismiss the protest passed by majority vote. Chair Miller said the
written order memorializing the protest dismissal is due by Tuesday, December 3 but the
Board will attempt to complete it by December 2.
c. Canvass of 2024 General Election
Chair Miller called on Director Hunter-Havens to present her report.
The Director said there are several items for Board review.
(1) 11 absentee applications pending Board review
The Director presented 11 absentee applications to the Board to review: 2 with a loose
ballot or unsealed ballot envelope; 8 with individual circumstances; and 1 with the photo
Board Minutes – 11/15/2024 Page | 6
ID documentation sealed in the ballot envelope. After the Board reviewed the
applications, Member Kemp moved to approve the 11 absentee applications pending
Board review, seconded by Chair Miller. Hearing no discussion, Chair Miller called the
vote. Motion carried unanimously.
(2)9 absentee ballots improperly returned
The Director presented 7 absentee ballots where the person who returned the ballot was
not the voter, a near relative, or assisting a disabled person. In accordance with 08
NCAC 18.0102, the Board may consider the delivery of a ballot along with other
evidence to determine whether the container-return envelope was properly returned
according to the statutory requirements. Failure to comply with this Rule is not sufficient
evidence alone to establish that the voter did not lawfully vote his or her ballot.
After review, Member Kemp moved to approve the 7 absentee ballots, seconded by Chair
Miller. Motion carried unanimously.
The Director presented 2 absentee ballot applications returned with unsealed ballot
envelopes or a loose ballot in the return envelope. The Board authorized staff to open
and complete review of the applications.
During the opening of the 7 approved applications, staff found 1 with the photo ID
documentation sealed in the ballot envelope. The Board authorized staff to open and
complete review of the application.
(3)8 absentee applications with cure certifications
Director Hunter-Havens presented 8 absentee applications returned with a deficiency.
The voter was notified and completed and returned a cure certification timely. The Board
reviewed the cured applications.
After review, Chair Miller moved to accept 8 absentee applications with cure
certifications, seconded by Member Morris. Motion carried unanimously.
(4)1 provisional application for reconsideration
Director Hunter-Havens presented 1 provisional application the Board disapproved
previously. The voter had not presented a required HAVA document to verify their
address before the pre-canvass meeting but still had time to comply before the deadline 0f
5:00 p.m. the day before the canvass and recommended approval of the provisional
application. The voter timely presented the required proof of address.
After Board review, Chair Miller moved to approve the provisional application, seconded
by Member Morris. Motion carried unanimously. [Member Kemp did not participate in
the vote, having left the meeting briefly.]
(5)Disapprove absentee applications
Board Minutes – 11/15/2024 Page | 7
Director Hunter-Havens presented 243 absentee applications with the recommendation to
disapprove them: 56 were returned after 5:00 p.m. on Election Day and USPS returned13
as undeliverable; 62 with missing or incomplete witness certification; and 116 with
incomplete cure certifications.
Chair Miller requested the Board review these in 2 bipartisan teams with sampling of
each category.
After review, Chair Miller moved to disapprove 243 absentee applications for the
described deficiencies, seconded by Member Morris. Motion carried unanimously.
Director Hunter-Havens reported on 25 absentee applications: 10 where the voter also
cast a ballot during early voting and 15 where the voter voted on Election Day. She said
these do not appear to be cases of intent to vote more than once. Rather concerned that
their ballot had not been processed, they sought the alternative voting method. These
were administratively spoiled due to the duplication and the ballot cast first was counted.
(6)Allocation of Write-In Votes
Director Hunter-Havens presented the itemized list of write-in votes cast in the 2024
General Election. Only 3 contests permitted voting for a write-in candidate: US
President, NC House District 18, and Soil & Water Conservation Supervisor. Only write-
ins with 5 or more votes are tabulated in the qualified contests.
In the Presidential contest, there were two qualified write-in candidates: Claudia de la
Cruz received 16 votes, and Shiva Ayyadurai received 0 votes. There were an additional
8 write-in votes for 4 variations on the names of 4 qualified candidates: Tim Walz (1),
JD Vance (4), Dr. Shiva (2), and Joe Biden/Kamala Harris (1)
In the NC House District 18 contest, Deb Butler was the only declared candidate and
received 2 write-in votes. Wallace West received 5,755 votes as a qualified write-in
candidate. There were an additional 155 write-in votes for 30 variations of Mr. West’s
name.
In the Soil & Water Conservation District Supervisor contest, any candidate who
received 5 or more write-in votes is tabulated. The declared candidates received a total of
8 write-in votes: Matthew Collogan (7) and Jeremy Tominack (1). 15 others received
write-in votes: Bruce Johnson (526), Wallace West (152), Lance Capps (91), Tammy
Bragg (76), Landon Zimmer (22), Chris Holler (13), Stan Hollingsworth (11), Seth Huntt
(9), Samuel Davis (9), Maria Bach (8), Frank Christopher Meares (7), Eileen Regan (7),
Britt Wright (6), Morgan Collins (6), and Brian Lambe (5).
Chair Miller asked the Board if they had any objections to recognizing the write-in votes
for any of the qualified candidates. Hearing no objections, Chair Miller said the Board
agreed to add all write-in votes for the qualified candidates to their vote totals. He noted
that the write-in votes will not change the order of results in the applicable contests.
Board Minutes – 11/15/2024 Page | 8
Chair Miller called on Deputy Director Caroline Dawkins to present the Reconciliation
Report. Deputy Director Dawkins reported that the Reconciliation Report matches voter
history with issues ballots to assure that ballots cast were counted or accounted for. The
early voting sites are reconciled daily with 2 sites fully reconciled: Cape Fear
Community College and NHC Senior Resource Center. The other 3 sites did not
reconcile daily primarily due to 33 machine-rejected ballots. 5 of 41 election precincts
fully reconciled. These sites will reconcile once the machine-rejected ballots are
duplicated and tabulated. Other factors are 5 provisional ballots placed in the tabulator
and 7 unique circumstances. Deputy Director Dawkins credited the diligent attention of
site leads and precinct chief judges and judges in keeping the number of errors low.
Members Hinton-Stalling and Kemp expressed their appreciation of the staff and election
officials in performing their duties with such a high degree of thoroughness and attention.
The Board members reviewed the 33 duplicated machine-rejected ballots, beginning at
1:12 p.m. and concluding at 1:21 p.m.
Director Hunter-Havens asked whether the Board intended to allocate a write-in naming
the running mate to the Presidential candidate. The Board declined.
Director Hunter-Havens requested authority to begin the preparatory steps to tabulate and
upload the results including the approved absentee ballots and duplicated machine-
rejected ballots. The Board concurred without objection.
Reporting results to NCSBE began at 1:40 p.m. and concluded at 5:10 p.m. The Board
reconvened and reviewed the results reports.
After Board review, Chair Miller moved to certify the results of the 2024 General
Election, seconded by Member Morris. Motion carried unanimously. The Board
members signed 4 sets of canvass reports before a notary. Chair Miller announced that
this concluded the 2024 Canvass.
5.GENERAL DISCUSSION
Chair Miller called on the Board members for election-related discussion. He began by
asking about the possibility of calls for recounts.
Director Hunter-Havens said that the deadline to request a recount is by one or two
business days after canvass depending upon the contest. The canvass suggests that there
may be 2 local contests and 1 statewide contest that may bring a call for a recount. If a
recount is requested, NHC Board of Elections can start on Wednesday, November 20,
allowing for required notice of the recount. The Board tentatively agreed to begin a
recount, if called, on November 20 at 10:00 a.m. A bipartisan team of 2 Board members
must be present during the recount with a quorum needed to resolve any questions of
voter intent. The Board members agreed to work out a tentative schedule in the next few
days.
Board Minutes – 11/15/2024 Page | 9
The Board members thanked Director Hunter-Havens for an excellent election with the
typical bumps addressed as they arose.
4.CLOSED SESSION
Chair Miller moved to enter closed session to discuss personnel matters pursuant to NC
Gen. Stat. § 143-318.11, seconded by Member Kemp. Motion carried unanimously.
Closed session began at 5:35 p.m. The Board returned to open session at 6:19 p.m.
7.ADJOURNMENT
Chair Miller moved to adjourn the meeting, seconded by Secretary Morgan. Motion
carried unanimously. The meeting adjourned at 6:20 p.m.
The next Board meeting is scheduled to be held on December 10, 2024, at 5:300 p.m., at
the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road,
Wilmington, NC.
APPROVED BY: RESPECTFULLY SUBMITTED:
_____________________________________________________________
JAMES BATTLE MORGAN, JR.RAE HUNTER-HAVENS
SECRETARY ELECTIONS DIRECTOR
Board Minutes 11/20-21/2024 Page | 1
SPECIAL MEETING
New Hanover County Board of Elections
November 20 – 21, 2024
10:00 A.M.
November 20, 2024
ATTENDANCE
Members: Derrick R. Miller, Chair
Bruce Kemp, Member
Tom Morris, Member
Staff:Rae Hunter-Havens, Executive Director
Caroline Dawkins, Deputy Director
Joan Geiszler-Ludlum, Administrative Elections Technician
Jessica O’Neill, Elections Program and Outreach Coordinator
Recount teams: Team 1: Caroline Dawkins, Jessica O’Neill, Barry Jezercak,
Jennifer Sparks (Printelect)
Team 2: Sarah Vitt, Jim Keefe, Emily Fountain, Elizabeth Blythe
(Printelect) and Anne Andrews (Printelect)
Public Attendees: None
Virtual Attendees: No livestream available
1._MEETING OPENING
a.Call to Order
Chair Miller called the meeting to order at 10:00 a.m. The New Hanover County Board
of Elections meeting was held in the Paynter Room, Northeast Library, 1241 Military
Cutoff Road, Wilmington, NC. A bipartisan quorum of the Board was present.
Chair Miller reminded the audience, Board and staff to silence their cell phones; to limit
crosstalk during Board discussion; and maintain silence while the recount is taking place.
b.Pledge of Allegiance
Chair Miller called on the audience to rise and recite the Pledge of Allegiance.
c.Approval of Agenda
Chair Miller moved to approve the agenda as submitted, seconded by Member Morris.
Board Minutes 11/20-21/2024 Page | 2
The Chair said the purpose of the meeting is to conduct the machine recount in the NC
Supreme Court Associate Justice Seat 6 contest as requested by candidate Jefferson
Griffin. The Board will recess the meeting with at least a bipartisan team of the Board
present during the recount and reconvene at 5:30 p.m. to address any questions of voter
intent. Motion carried unanimously.
2.PUBLIC COMMENT PERIOD
Chair Miller called upon the public attendees for their comments or questions, limited to
two minutes each with a total maximum time of ten minutes.
Seeing and hearing no public attendees wishing to comment, Chair Miller closed the
Public Comment period.
3. NEW BUSINESS
•2024 General Election Recount
Chair Miller called on Director Hunter-Havens to explain the machine recount procedure.
The Director said 2 teams will each operate DS850 tabulators to recount the ballots cast
by each voting method: early voting, election day, absentee-by-mail, and provisional.
The workers will take breaks every 2 hours and a lunch break. All questions of voter
intent will be held until the Board quorum reconvenes at 5:30 p.m. Team 1 will begin
with the Northeast Library early voting site, and Team 2 will begin with the Senior
Resource Center early voting site.
The recount began at 10:07 a.m. The recount broke at 1:00 p.m. for a lunch break and
resumed at 2:07 p.m. with Team 1 recounting Carolina Beach early voting and Team 2
continuing with Senior Resource Center.
At 4:01 p.m., Director Hunter-Havens gave a status report: Team 1 completed Carolina
Beach and began with the election day precincts and Team 2 completed the Senior
Resource Center and began Cape Fear Community College.
The recount continued until 5:33 p.m. when Chair Miller reconvened the recessed Board
meeting while the recount continued.
a.Recount Status
Director Hunter-Havens reported that 3 of the 5 early voting sites are complete and 2 are
in progress. One early voting site will be run a second time due to paper jams and
possible operator error during the first run. She estimated completing the recount by
mid-afternoon on Thursday.
b.Election Protest
Director Hunter-Havens reported that the State Board of Elections planned to convene an
Board Minutes 11/20-21/2024 Page | 3
emergency meeting to address the filed election protests. Only the Griffin protest will
affect New Hanover County. Statutes require this Board to conduct a preliminary hearing
within 2 days after the protest is filed. She noted that the NCSBE is considering
assuming jurisdiction over some of the protests.
Chair Miller said the Board will schedule an emergency meeting for December 2, 2024,
at 5:30 p.m. and give the appropriate public notice.
c. Completing the Machine Recount
The Board discussed scheduling of bipartisan teams of Board members to be present to
resume the machine recount the next day at 9:00 a.m. with available Board members
providing bipartisan coverage for the recount and all present at 5:30 p.m.
Looking ahead, there is a possibility of a sample hand-eye count following the machine
recount which will require the presence of a bipartisan quorum of the Board, and a full
hand-eye recount which will take 5 to 7 days possibly starting the week of December 9.
The Board members asked questions and discussed the requirements for these possible
meetings.
d. Voter intent
Director Hunter-Havens said there are a handful of machine-rejected ballots, but none
require Board action.
At 5:56 p.m., Chair Miller recessed the meeting until 9:00 a.m. on November 21.
Staff stopped the machine recount at 6:45 p.m. for the day to continue as scheduled.
November 21, 2024
ATTENDANCE
Members: Derrick R. Miller, Chair
Natalie Hinton-Stalling, Member
Bruce Kemp, Member
Staff: Rae Hunter-Havens, Executive Director
Caroline Dawkins, Deputy Director
Joan Geiszler-Ludlum, Administrative Elections Technician
Jessica O’Neill, Elections Program and Outreach Coordinator
Visitors: Debbie Andrews, Elizabeth Blythe, Jennifer Sparks, Printelect; Alex
Riley, NHC Communications
Recount teams: Team 1: Caroline Dawkins, Jessica O’Neill, Barry Jezercak, Jennifer
Sparks (Printelect)
Board Minutes 11/20-21/2024 Page | 4
Team 2: Sarah Vitt, Jim Keefe, Emily Fountain, Elizabeth Blythe
(Printelect) and Anne Andrews (Printelect)
Public Attendees: None
Virtual Attendees: No livestream available
1. MEETING OPENING
Chair Miller reconvened the recessed meeting at 9:02 a.m. The New Hanover County
Board of Elections meeting was held in the Paynter Room, Northeast Library, 1241
Military Cutoff Road, Wilmington, NC. A bipartisan quorum of the Board was present.
Chair Miller authorized the staff to resume the General Election machine recount.
The staff took a lunch break at 12:25 p.m.
Recount resumed at 1:19 p.m.
Recount completed at 6:50 p.m.
On Chair Miller’s request, Director Hunter-Havens said upon finishing the machine
recount, the manual edits will be made with reports updated the following day due to the
lengthy editing process. Board members are not required to attend because the edits will
be entered by a bipartisan team of staff members. When completed, the Director will
prepare the updated abstract memorializing the results in the recounted contests for Board
signature and will update the results on the NCSBE website. Member Morris requested
to observe this process, and his request was approved by the board.
2. ADJOURNMENT
Member Morris moved to adjourn the meeting, seconded by Member Hinton-Stalling.
Motion carried unanimously. The meeting adjourned at 6:53 p.m.
The next Board meeting is scheduled to be held on December 2, 2024, at 5:30 p.m., at the
Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington,
NC for the hearing of Griffin election protest as it affects New Hanover County.
APPROVED BY: RESPECTFULLY SUBMITTED:
_______________________________ ______________________________
DERRICK R. MILLER RAE HUNTER-HAVENS
CHAIR ELECTIONS DIRECTOR
Board Minutes – 11/21/82024 Page | 1
EMERGENCY MEETING
New Hanover County Board of Elections
November 21, 2024
5:30 p.m.
ATTENDANCE
Members: Derrick R. Miller, Chair
Natalie Hinton-Stalling, Member
Bruce Kemp, Member
Staff: Rae Hunter-Havens, Executive Director
Caroline Dawkins, Deputy Director
Joan Geiszler-Ludlum, Administrative Elections Technician
Public Attendees: Wendy Hunt, Jill Hopman, NHCDP; Matthew Emborsky, NHC
GOP; Alex Riley, NHC Communications
Virtual Attendees: Virginia Adams; LeShonda; TW; Barbara Landers; 518-469-0930;
919-621-8701
1.MEETING OPENING
Chair Miller called the emergency 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. A bipartisan quorum was present.
Chair Miller reminded the audience, Board and staff to silence their cell phones; that the
meeting is being recorded and live streamed on the internet; and to avoid conversation
and crosstalk during Board discussion.
a.Pledge
Chair Miller invited all in attendance to rise and recite the Pledge of Allegiance.
b.Agenda
Member Kemp moved to approve the agenda as submitted, seconded by Member Hinton-
Stalling. Motion carried unanimously.
2.PUBLIC COMMENT PERIOD
Chair Miller called upon the public attendees for their comments or questions, limited to
Board Minutes – 11/21/82024 Page | 2
two minutes each with a total maximum time of ten minutes.
Seeing and hearing no public attendees wishing to comment, Chair Miller closed the
Public Comment period.
3.NEW BUSINESS
•Preliminary Consideration of Elections Protest
Chair Miller said the purpose of the emergency meeting is to give preliminary
consideration to an election protest filed in the NC Associate Supreme Court Justice Seat
6 contest. He called on Director Hunter-Havens to further explain the election protest
procedure.
Director Hunter-Havens said Jefferson Griffin, a candidate in the referenced state-wide
contest, filed and served an election protest on New Hanover County Board of Elections
on November 12, 2024. The protest alleges a violation of election law, irregularity, or
misconduct sufficient to cast doubt on the apparent results of the election for the
referenced contest. On its own motion, the NC State Board of Elections (NCSBE) met
on November 20, 2024, to consider actions to facilitate review of the Griffin protest by
NCSBE and the affected county boards. NCSBE ordered:
1.That NCSBE assumed jurisdiction over 3 allegations that votes were unlawfully
counted that 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; by military or overseas citizens under Article
21A of Chapter 163, NC General Statutes without submitting a photocopy of a
photo ID or ID Exception Form; or by registered voters whose registration
contains neither a NC driver’s license number nor the last four digits of a social
security number.
2.That affected county boards of elections retained jurisdiction over 3 allegations
that county boards counted ballots cast by voters who were deceased on election
day; by voters who were convicted felons on election day; or by voters whose
registration was denied or removed after casting a ballot.
3.That the affected county boards of election will advance the protest to a hearing
after findings whether the protest was filed timely and includes the required
information. 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.
For New Hanover County, the protest alleged that 5 ballots were cast by subsequently
deceased voters, 12 by alleged felons, and 48 by voters with denied or removed voter
registrations, a total of 65 ballots.
The Director said the allegations affecting New Hanover County are based on list
maintenance reports compiled by the NCSBE after Election Day and a week before
Board Minutes – 11/21/82024 Page | 3
canvass.
Following Board review and discussion, Chair Miller said, for purposes of the
preliminary hearing, the Board finds that the submitted lists are accurate, and the protest
was timely received. Chair Miller moved to advance the protest to a hearing, seconded
by Member Kemp. Motion carried unanimously.
Chair Miller said the hearing must be held within 5 business days and with at least 3
days’ notice. The Board scheduled the hearing on December 2, 2024, at a time
determined after consultation with the Board members and with proper notice.
4.GENERAL DISCUSSION
Chair Miller called on the Board members for any election-related discussion. Hearing
none, he called for a motion to adjourn.
5. ADJOURNMENT
Chair Miller moved to adjourn the meeting, seconded by Member Kemp. Motion carried
unanimously. The meeting adjourned at 5:39 p.m.
APPROVED BY: RESPECTFULLY SUBMITTED BY:
_____________________________ _______________________________
DERRICK R. MILLER RAE HUNTER-HAVENS
CHAIR ELECTIONS DIRECTOR
Board Minutes – 12/02/2024 Page | 1
SPECIAL MEETING
New Hanover County Board of Elections
December 2, 2024
5:30 P.M.
ATTENDANCE
Members: Derrick R. Miller, Chair
James Battle Morgan, Jr., Secretary
Natalie Hinton-Stalling, Member
Bruce Kemp, Member
Tom Morris, Member [Excused]
Staff:Rae Hunter-Havens, Executive Director
Caroline Dawkins, Deputy Director
Joan Geiszler-Ludlum, Administrative Elections Technician
Visitors: Karen Richards, Deputy County Attorney
Public Attendees: Melissa Gott, Grant Burchette, Victoria Rice, representing
Jefferson Griffin; Elli Klein, Wendy Hunt, NHCDP; Jerry Hartzell,
Jill Hopman, NHCDP, representing Allison Riggs; Clarice Reber,
League of Women Voters LCF
Virtual Attendees: Cliff Brock; Sheila F.; Jana Albritton; Jessica O’Neill; Denise
Brown; Matt; Maureen Mann; (919)671-3556; Charlie Jo Hall;
(910) 392-3066
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. A bipartisan quorum of the Board was present.
Chair Miller reminded the audience, Board and staff to silence their cell phones; that the
meeting is being recorded and live streamed over the internet; that members of the
audience should speak only when invited; and to limit crosstalk during Board discussion.
b.Pledge of Allegiance
Board Minutes – 12/02/2024 Page | 2
Chair Miller called on the audience to rise and recite the Pledge of Allegiance.
c.Approval of Agenda
Chair Miller added two items to the agenda under General Discussion: recent County
request and sample hand-eye recount teams. Hearing no objection, Chair Miller said the
agenda is approved by unanimous consent
2.PUBLIC COMMENT PERIOD
Chair Miller called upon the public attendees for their comments or questions, limited to
two minutes each with a total maximum time of ten minutes.
Seeing and hearing no public attendees wishing to comment, Chair Miller closed the
Public Comment period.
3. NEW BUSINESS
•Hearing on Elections Protest
Director Hunter-Havens said Jefferson Griffin, candidate for NC Supreme Court
Associate Justice Seat 06, filed an election protest on November 12, 2024. The protest
alleges a violation of state law, irregularity, or misconduct sufficient to cast doubt on the
apparent results of the election. The protest affects multiple counties in addition to New
Hanover County. The North Carolina State Board of Elections (NCSBE) issued an Order
on November 20, 2024 assuming jurisdiction over three protest allegations challenging:
ballots cast by overseas NC citizens who have not resided in North Carolina on the basis
of the eligibility of parents or legal guardians as NC voters; ballots cast by military or
overseas citizens that did not include a photo ID or ID Exception Form; and ballots cast
by registered voters whose database records contain neither a driver’s license number nor
the last-four digits of a social security number. The NCSBE Order left three allegations
before the affected county boards: NC DHHS deceased with votes; NC felons with
votes; and NC denied or removed voters with votes.
On November 21, 2024, this Board held an emergency meeting and conducted a
preliminary hearing to determine whether the protest was timely filed and conforms to
NC Gen. Stat. § 163-182.9, and if so, to advance the protest to a hearing with notice to all
relevant parties. Based on their findings that the protest was timely filed and in the
proper form, and that lists supporting the protest appeared accurate, the Board scheduled
the hearing on the protest for this date and time.
Chair Miller asked how many ballots in this county are under challenge. The Director
said a total of 54 are listed, based on list maintenance records dated November 8 and 12.
This Board has already addressed administrative challenges to 22 of the listed voters’
ballots during the canvass.
Chair Miller called on all persons expecting to give testimony in the hearing to step
Board Minutes – 12/02/2024 Page | 3
forward and be sworn in. Deputy County Attorney Richards noted that legal counsel for
the parties are officers of the court and are not required to take the oath for this hearing.
Director Hunter-Havens was the only witness to take the oath. Chair Miller reminded
counsel for the parties that the burden of proof is on the protestor, Mr. Griffin.
Chair Miller called on counsel to make an opening statement if desired. Melissa Gott,
counsel for Mr. Griffin, said the purpose of the protest is to assure that every valid vote is
counted. She reminded the Board that the standard of review is substantial evidence,
which she said is a low bar, meaning more than a scintilla. The evidence need not be
irrefutable or uncontroverted. It need only be relevant evidence that reasonable minds
would accept as adequate to support a conclusion. Ms. Gott said the protestor is relying
on the affidavits presented and the state data provided with the filed protest.
Jerry Hartzell addressed the Board on behalf of candidate Allison Riggs. He asked that
the Board address the objections fully and transparently so that public may have
confidence in the results of the election.
Chair Miller thanked Ms. Gott and Mr. Hartzell for their comments. He proceeded to
consider each category as listed in the protest, beginning with 9 voters reported by NC
DHHS as deceased before Election Day who cast ballots by absentee-by-mail or early
voting: Nadia Coble, Herbert Taylor, Michael Vendetti, Reginald McKoy, Timothy
Pugh, Sr., Margarette Blue, Charles Parnell, Billie Atkins, and Shaun Cherewich.
Member Kemp asked for clarification whether these 9 names are the same as the voters
the Board considered in administrative challenges before and during the canvass.
Director Hunter-Havens confirmed the Board has previously sustained challenges of
these 9 voters whose ballots were removed before the final canvass.
Chair Miller addressed the list of 13 voters who were allegedly disqualified due to a
felony conviction, and read the names: Robert Dwyer, Scott Gouge, Roger Robinson,
Bruce Blevins III, Charlie Hall, Frederick Hooper Sr., Megan Lewis, Shawn Lubell,
Terry Andrews, Scott Baxter, Kelly Howard, Ondray Herring, and Clarence Sylvester.
Chair Miller confirmed that the Board previously sustained challenges of these 13 voters
during canvass with their votes deleted from the canvass results.
Chair Miller addressed the list of 12 voters who were allegedly disqualified as removed
voters and read the names: Julius McLemore, Alivia Talley, Jenna Staub, Ann Powell,
Nevada Jordan, Amiyyah McKnight-Diabb, Julia Nicole Albright, Tracy Jones, Bryan
Coe, Matthew Stevens, Arianna Cuevas-Galarza, and Anna Helms. Director Hunter-
Havens explained that a qualified voter who moved to a new address less than 30 days
before an election remains qualified to vote at the old address. Research on these 12
voters showed that they voted within the window where they remained qualified to vote
in this county and their votes were counted.
Chair Miller addressed the next group of 20 voters listed as denied who cast ballots, and
read the names: Lily Baxter, Valerie Gonzalez, Olivia Barrows, Kinsley Williams, Evan
Johnson, Erin Crispino, Jesse Chaney, Lauren Tumlin, Carleigh Beardslee, Trinity Julian,
Board Minutes – 12/02/2024 Page | 4
Ashley Myers, Meredith Mercer, Guzman Merios Maria, Jadyn Myrick, Nora
Hutchinson, Brian Pugh, Kai Blizzard, Samantha Rivera, Kennedy Ramseur, and Daniel
Solot. Director Hunter-Havens said these voters completed voter registration forms and
were mailed verification postcards that were returned undeliverable after the voter had
cast the ballot. By statute § 163-82.7(g)(3), the ballot is counted. The voter will be
mailed a second verification card which will determine whether the registration will be
removed or retained for future elections.
Chair Miller summarized the Board’s review of the list that the protestor submitted: 9
ballots cast by voters who died after casting their ballot and before Election Day were not
counted; 13 voters with felony convictions were not counted, for a total of 22 ballots
properly disqualified; another 32 ballots were counted, 12 by allegedly removed voters
and 20 by allegedly denied voters.
Chair Miller called on counsel for the parties for any comments. Hearing none, Chair
Miller moved to dismiss the Griffin protest because it failed to show substantial evidence
of any violation, irregularity, or misconduct sufficient to cast doubt on the election
results, seconded by Secretary Morgan and Member Kemp. Hearing no discussion, Chair
Miller called the vote. Motion carried unanimously. Chair Miller said the Board’s
decision must be reported to NCSBE within 3 days with proper notice of the decision to
the protestor.
Chair Miller called for a 5-minute break at the conclusion of new business. The meeting
resumed at 6:20 p.m.
5. GENERAL DISCUSSION
•Sample Hand-Eye Recount
Director Hunter-Havens said she anticipates a demand from Mr. Griffin for a sample
hand-eye count, which will involve about 4,000 ballots drawn from in-person voting
(early voting or Election Day) sites. She is preparing by identifying available registered
Republicans or Democrats for the sample count but is encountering challenges finding
enough available Republicans. A bipartisan majority of the Board is required to assign
Unaffiliated voters to the sample count teams.
Chair Miller moved to permit staff to include Unaffiliated voters as tallyers if necessary
as a last resort, seconded by Secretary Morgan. Motion carried unanimously.
•Recent County Request re: legal representation
Chair Miller said today the County Manager informed the Director that the County
Commissioners have retained an outside law firm to review “election practices and
budget requests” without any prior consultation with this Board. He reviewed a proposed
response declining to participate in the study pending engagement of independent legal
counsel to represent the interests of the Board of Elections which the Board will take up
at the January 14 regular meeting. Given the possibility of a full hand-eye recount in the
Board Minutes – 12/02/2024 Page | 5
Griffin protest, the Board is simply not prepared to participate in or respond to the
proposed review currently. Chair Miller said he has received contradictory reports of the
conversation between the County staff and the State Board of Elections staff. There are
matters to be addressed regarding outside access to elections records that need
clarification.
Chair Miller called on the Director for her comments. Director Hunter-Havens said in
her discussions with county staff and State Board Executive Director Karen Brinson Bell
and counsel Paul Cox, questions of the authority of the County Commissioners to direct
such a review were not addressed. NC Gen. Stat. § 163-37 addresses the County
Commissioners authority, stating that each county board of commissioners “shall
appropriate reasonable and adequate funds necessary for the legal functions of the county
board of elections, including reasonable and just compensation of the director or
elections.” This action initiated by the County Manager inserts a partisan elected board
into the nonpartisan elections process. The NCSBE regularly evaluates county boards on
election practices through periodic wellness checks. We have successfully completed
these checks and have been complimented on many of our practices. When questions
arise about best practices, we routinely consult with the State Board to determine proper
response.
Following Board discussion, Chair Miller moved that the New Hanover County Board of
Elections respectfully decline the County Manager’s request at this time, seconded by
Member Hinton-Stallings. Member Kemp said the Board would like to maintain good
relations with the county and should include additional wording to that end. Director
Hunter-Havens said conversations are continuing with staff liaison Tufanna Bradley,
Assistant County Manager, and other county stakeholders regarding next year’s budget
request and budget enhancements to address staffing needs and software that reflect the
increasing challenges in election administration. She will keep the Board informed of
those conversations as they continue. She said that her understanding of the review
inserts a third-party law firm into the cooperative and productive discussions that we
have always had with our county partners.
Chair Miller said what he finds challenging in responding to this demand is the
suddenness of the demand without prior discussion with this Board or staff, and the lack
of symmetry between multiple levels of legal representation on the County’s side and the
lack of any legal representation to speak on behalf of the Board of Elections interests on
the other.
After further discussion, Member Kemp called for a vote on the motion on the table that
the New Hanover County Board of Elections respectfully decline the County Manager’s
request at this time. Chair Miller called the vote. Motion carried unanimously. Chair
Miller said he would have a draft letter for Board review at the December 4 meeting. In
response to a question, Chair Miller confirmed it would be appropriate for Board
members to have one-on-one conversations with the county commissioners.
•Other Election-Related Matters
Board Minutes – 12/02/2024 Page | 6
Chair Miller moved to cancel the regular meeting scheduled for December 10 considering
the chance of a mandatory full hand-eye recount that week, seconded by Secretary
Morgan. Following discussion, Chair Miller called the vote. Motion carried
unanimously.
Hearing no other business to consider, Chair Miller called for a motion to adjourn.
7.ADJOURNMENT
Chair Miller moved to adjourn the meeting, seconded by Member Hinton-Stalling.
Motion carried unanimously. The meeting adjourned at 7:01 p.m.
The next Board meeting is scheduled to be held on December 4, 2024, at 9:00 a.m., in the
Paynter Room, Northeast Library, 1241 Military Cutoff Road, Wilmington, NC.
APPROVED BY: RESPECTFULLY SUBMITTED:
_____________________________________________________________
JAMES BATTLE MORGAN, JR.RAE HUNTER-HAVENS
SECRETARY ELECTIONS DIRECTOR
Board Minutes – 12/04/2024 Page | 1
SPECIAL MEETING
New Hanover County Board of Elections
December 4, 2024
9:00 A.M.
ATTENDANCE
Members: Derrick R. Miller, Chair
Natalie Hinton-Stalling, Member
Bruce Kemp, Member
Staff:Rae Hunter-Havens, Executive Director
Caroline Dawkins, Deputy Director
Jessica O’Neill, Program and Outreach Coordinator
Joan Geiszler-Ludlum, Administrative Elections Technician
Staff Assistants: Jim Keefe, Sarah Vitt
Sample Audit Teams: Team 1 – Toni Dewey, Lisa Bohbrink,
Eileen Jezercak, Maureen Crossman; Team 2 – Juliet Wills-
Emanuel, Rod Ertischek, Suzi Keefe, Blanche Chisum; Backups –
Dorinda Colvin, Barry Jezercak
Visitors: Karen Richards, Deputy County Attorney
Public Attendees: None
Virtual Attendees: Live streaming not available
1.MEETING OPENING
a.Call to Order
Chair Miller called the meeting to order at 9:00 a.m. The New Hanover County Board of
Elections meeting was held in the Paynter Room, Northeast Library, 1241 Military Cutoff
Road, Wilmington, NC. A bipartisan quorum of the Board was present.
Chair Miller reminded the audience, Board and staff to silence their cell phones; that
recording and live streaming are not available; and that silence must be kept during the
recount. All conversations should take place outside of the Paynter Room.
b.Pledge of Allegiance
Chair Miller called on the audience to rise and recite the Pledge of Allegiance.
Board Minutes – 12/04/2024 Page | 2
c.Approval of Agenda
Member Kemp moved to approve the agenda as submitted, seconded by Member Hinton-
Stalling. Motion carried unanimously.
2.PUBLIC COMMENT PERIOD
Chair Miller called upon the public attendees for their comments or questions, limited to
two minutes each with a total maximum time of ten minutes.
Seeing and hearing no public attendees present, Chair Miller closed the Public Comment
period.
2.NEW BUSINESS
•Hand-to-Eye Recount of the NC Supreme Court Associate Justice Seat 6
Contest
Chair Miller said the purpose of the meeting is to conduct the sample hand-eye recount in
the NC Supreme Court Associate Justice Seat 06 contest requested by Jefferson Griffin
pursuant to NC Gen. Stat. § 163-182.7A. NC State Board of Elections randomly drew
precincts or early voting sites representing 3% of the precincts casting ballots in this
election in each county. Based on the random draw, New Hanover County Board of
Elections will conduct a full hand-eye recount of precincts H13, Porters Neck Village,
and W30, Cape Fear Presbyterian Church. Bipartisan teams of election officials will
hand count the ballots cast in these 2 precincts. If the results of the sample recount differ
from the machine recount results such that extrapolating the amount of change to the
entire state would reverse the results, NCSBE will order a statewide hand-eye recount in
this contest. The calculation considers the number of ballots that were recounted, the
amount of change in the results, and the total votes cast for that office.
Chair Miller said the Board would be in recess until Board action is needed. Recess
began at 9:05 a.m. and the sample hand-eye recount began.
The sample hand-eye recount concluded at 10:25 a.m. and the teams were excused.
Chair Miller reconvened the recessed meeting at 10:35 a.m. with a bipartisan quorum
present. The Board reviewed the ballots with undercounts or overcounts to determine
voter intent. Precinct H13 results matched the machine recount; Precinct W30 results
showed +1 vote for candidate Allison Riggs same as the machine recount.
The sample hand-eye recount concluded at 10:51 a.m.
5. GENERAL DISCUSSION
Chair Miller called on the Board members for any discussion of election-related matters.
Board Minutes – 12/04/2024 Page | 3
Member Kemp asked about the timing of a possible full hand-eye recount of the contest
under protest. Director Hunter-Havens said the sample hand-eye recount was likely to
take several days to complete statewide. A full recount would potentially start the week
of December 9 and take at least a week to complete.
Hearing no further discussion, Chair Miller called for a motion to adjourn the meeting.
7.ADJOURNMENT
Member Kemp moved to adjourn the meeting, seconded by Member Hinton-Stalling.
Motion carried unanimously. The meeting adjourned at 10:54 a.m.
The next Board meeting is scheduled to be held on January 14, 2025, at 5:30 p.m., at the
Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington,
NC.
APPROVED BY: RESPECTFULLY SUBMITTED:
_____________________________________________________________
DERRICK R. MILLER RAE HUNTER-HAVENS
CHAIR ELECTIONS DIRECTOR
Regular Meeting
New Hanover County Board of Elections
January 14, 2025
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
Regular Meeting
New Hanover County Board of Elections
January 14, 2025
Subject:
Director’s Report
Summary:
a.Financial Update
The attached YTD FY24-25 budget report provides the Board with a financial update through the 6th
period (December) of this fiscal year.
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 in
November and December of 2024:
•Removed 2,277 voters from the voter registration rolls consistent with NC Gen.
Stat. §163-82.14.
•Processed 4,110 new registrations, 3,310 duplicate registrations, and 7,153 registration
updates.
c.2025 NC State Board of Elections Summer Conference
The 2025 Summer Conference will be held at the Wilmington Convention Center on Monday and
Tuesday, July 28th and 29th. In accordance with N.C. Gen. Stat. § 163-82.24, every member of a county
board of elections is required to attend one training conference conducted by the State Board during
their first six months after the member’s initial appointment and at least once again during the first two
years of the member’s service.
Document/s Included:
Financial Year-To-Date Budget Report 6th Period (December); NVRA Report (November and December
2024)
Board Action Required:
Discuss as necessary
Item # 2 Item # 3
NEW HANOVER COUNTY - LIVE
YEAR-TO-DATE BUDGET REPORT
Report generated: 01/10/2025 16:28User:rhavensProgram ID: glytdbud
Page 1
FOR 2025 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 564,622 0 564,622 274,430.76 .00 290,191.24 48.6%
11016100 611500 CASUAL PART TIM 360,373 -15,000 345,373 339,792.39 .00 5,580.61 98.4%
11016100 611600 OVERTIME PAY (O 9,932 0 9,932 18,120.03 .00 -8,188.03 182.4%
11016100 612000 CELL PHONE ALLO 0 675 675 225.00 .00 450.00 33.3%
11016100 621000 SOCIAL SECURITY 42,813 0 42,813 34,360.07 .00 8,452.93 80.3%
11016100 622000 RETIREMENT-LOCA 76,959 0 76,959 39,829.51 .00 37,129.49 51.8%
11016100 623500 GENERAL 401-K M 13,619 0 13,619 7,305.53 .00 6,313.47 53.6%
11016100 625000 MEDICAL INSURAN 87,336 0 87,336 34,804.13 .00 52,531.87 39.9%
11016100 626000 LONG TERM DISAB 1,471 0 1,471 474.75 .00 996.25 32.3%
TOTAL SALARIES & BENEFITS 1,157,125 -14,325 1,142,800 749,342.17 .00 393,457.83 65.6%
70 OPERATING EXPENSES
11016100 700000 CONTR SERVS 128,063 40,000 168,063 78,528.26 4,816.19 84,718.55 49.6%
11016100 700328 LEASE EXPENSE 48,385 0 48,385 27,097.71 20,105.88 1,181.41 97.6%
11016100 700329 SUBSCRIPTION SO 16,542 0 16,542 10,222.82 .00 6,319.18 61.8%
11016100 700330 RENT 67,599 0 67,599 64,789.00 .00 2,810.00 95.8%
11016100 700350 ADVERTISING COS 2,250 0 2,250 1,699.13 .00 550.87 75.5%
11016100 700365 CELLULAR EXPENS 17,819 0 17,819 7,769.44 .00 10,049.56 43.6%
11016100 700370 POSTAGE EXPENSE 105,083 0 105,083 59,143.32 42,356.00 3,583.68 96.6%
11016100 700430 M&R-EQUIPMENT 70,371 0 70,371 68,167.58 .00 2,203.42 96.9%
11016100 700500 PRINTING 88,297 -8,025 80,272 41,867.63 8,937.06 29,467.31 63.3%
11016100 700512 PRINTER-COPIER 51,507 0 51,507 26,010.78 .00 25,496.22 50.5%
11016100 700520 SUPPLIES 11,954 6,500 18,454 18,198.78 .00 255.22 98.6%
11016100 700542 SUPPLIES-COMPUT 2,600 850 3,450 3,429.17 .00 20.83 99.4%
11016100 700700 DUES & SUBSCRIP 125 0 125 .00 .00 125.00 .0%
11016100 700825 EMPLOYEE REIMBU 2,500 0 2,500 2,277.62 .00 222.38 91.1%
11016100 700905 TRAINING & TRAV 8,700 0 8,700 5,072.74 .00 3,627.26 58.3%
TOTAL OPERATING EXPENSES 621,795 39,325 661,120 414,273.98 76,215.13 170,630.89 74.2%
TOTAL BOARD OF ELECTIONS 1,778,920 25,000 1,803,920 1,163,616.15 76,215.13 564,088.72 68.7%
TOTAL GENERAL FUND 1,778,920 25,000 1,803,920 1,163,616.15 76,215.13 564,088.72 68.7%
TOTAL EXPENSES 1,778,920 25,000 1,803,920 1,163,616.15 76,215.13 564,088.72
NEW HANOVER COUNTY - LIVE
YEAR-TO-DATE BUDGET REPORT
Report generated: 01/10/2025 16:28User: rhavensProgram ID: glytdbud
Page 2
FOR 2025 06
ORIGINAL TRANFRS/ REVISED AVAILABLE PCT APPROP ADJSTMTS BUDGET YTD EXPENDED ENCUMBRANCES BUDGET USED
GRAND TOTAL 1,778,920 25,000 1,803,920 1,163,616.15 76,215.13 564,088.72 68.7%
** END OF REPORT - Generated by RAE HUNTER-HAVENS **
NEW HANOVER COUNTY BOARD OF ELECTIONS
NVRA REPORT
Reporting Period:-11/1/2024 12/31/2024
Totals
Active 171,153
Inactive 20,563
Total Registration 191,716
REPORTING PERIOD
Registrations Approved 8,497
Total Registrations Removed 2,277
Inactive Registrations Removed 647
New Registrations
00 - No Application Source 8
01 - Public Assistance 9
02 - Disability 0
03 - Other (ESC) 0
04 - Armed Forces 0
05 - DMV 1,191
06 - Mail-in 48
07 - In-person 2,286
08 - Library & High School 0
09 - Spanish Language Application 0
10 - Online Registration 525
17 - Registration Drives 31
21 - Medicaid Renewal 1
96 - Temporary FWAB Registrant 1
97 - Temporary FPCA Registrant 10
4,110
Duplicates
00 - No Application Source 199
01 - Public Assistance 14
02 - Disability 1
03 - Other (ESC) 0
04 - Armed Forces 0
05 - DMV 559
06 - Mail-in 34
07 - In-person 1,973
08 - Library & High School 0
09 - Spanish Language Application 0
10 - Online Registration 506
17 - Registration Drives 6
21 - Medicaid Renewal 6
95 - Voter Return of NCOA 4
96 - Temporary FWAB Registrant 3
97 - Temporary FPCA Registrant 2
98 - Voter Change On Confirmation 2
vtr_nvra_stat.rpt Page 1 of 5Jan 10, 2025 5:09 pm
NVRA REPORTNEW HANOVER COUNTY BOARD OF ELECTIONS
99 - Voter Change On Verification 1
3,310
vtr_nvra_stat.rpt Page 2 of 5Jan 10, 2025 5:09 pm
NVRA REPORTNEW HANOVER COUNTY BOARD OF ELECTIONS
Changes of Information
00 - No Application Source 357
01 - Public Assistance 16
02 - Disability 0
03 - Other (ESC) 0
04 - Armed Forces 0
05 - DMV 1,077
06 - Mail-in 63
07 - In-person 4,784
08 - Library & High School 0
09 - Spanish Language Application 0
10 - Online Registration 781
17 - Registration Drives 17
21 - Medicaid Renewal 3
95 - Voter Return of NCOA 0
96 - Temporary FWAB Registrant 6
97 - Temporary FPCA Registrant 49
98 - Voter Change On Confirmation 0
99 - Voter Change On Verification 0
7,153
Verifications
# of 1st & 2nd verification mailings sent 11,660
# of 1st NCOA mailings sent 0
# of 1st verification returned undeliverable 1,723
# of verification returned by voter 1
Confirmations
# of confirmations returned by voter 2
# of confirmations sent 279
# of confirmations returned undeliverable 1,538
# of confirmations not returned at all 280
COUNTY STATISTICAL
Constitution 18
Democratic 51,652
Green 134
Justice For All 12
Libertarian 1,449
No Labels 661
Republican 56,856
Unaffiliated 80,894
We The People 40
American Indian 424
Asian 1,634
Black 19,070
Multi-Racial 870
Native Hawaiian or Pacific Islander 22
White 144,380
Other 5,029
Undesignated 20,287
vtr_nvra_stat.rpt Page 3 of 5Jan 10, 2025 5:09 pm
NVRA REPORTNEW HANOVER COUNTY BOARD OF ELECTIONS
Hispanic 4,753
Not Hispanic 116,810
Undesignated 70,153
Female 92,094
Male 77,805
Undesignated 21,817
Unprocessed Registrations - Incomplete Queue
00 - No Application Source 82
01 - Public Assistance 3
02 - Disability 0
03 - Other (ESC) 0
04 - Armed Forces 0
05 - DMV 241
06 - Mail-in 26
07 - In-person 212
08 - Library & High School 0
09 - Spanish Language Application 0
10 - Online Registration 19
17 - Registration Drives 2
21 - Medicaid Renewal 1
95 - Voter Return of NCOA 0
96 - Temporary FWAB Registrant 2
97 - Temporary FPCA Registrant 9
98 - Voter Change On Confirmation 0
99 - Voter Change On Verification 0
Unprocessed Registrations - Archive Queue
00 - No Application Source 1
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 9
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 39
01 - Public Assistance 9
02 - Disability 0
03 - Other (ESC) 0
vtr_nvra_stat.rpt Page 4 of 5Jan 10, 2025 5:09 pm
NVRA REPORTNEW HANOVER COUNTY BOARD OF ELECTIONS
04 - Armed Forces 0
05 - DMV 123
06 - Mail-in 0
07 - In-person 0
08 - Library & High School 0
09 - Spanish Language Application 0
10 - Online Registration 3
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 10, 2025 5:09 pm
Regular Meeting
New Hanover County Board of Elections
January 14, 2025
Subject:
Adoption of Regular Meeting Schedule
Applicable Statutes and/or Rules
N.C. Gen. Stat. § 143-318.12(a)
Summary:
By statute, the Board may adopt a schedule of regular business meetings. The schedule implemented by
the previous Board called for regular business meetings on the Tuesday following the second Monday of
each month at 5:30 PM. Also included on the proposed regular meeting calendar are special meetings.
Board members are required to attend special meetings, in accordance with Chapter 163 of the NC
General Statutes, to review absentee ballot applications, count approved absentee ballots, and conduct
the county canvass.
Document/s Included:
2025 Schedule of Meetings; 2025 Board of Elections Calendar
Board Action Required:
Board Action Required
Item # 4a
2025 BOARD MEETING SCHEDLULE
All meeting dates are subject to change and the public will be duly notified of any changes to the Board of
Elections regular meeting schedule as required by law. All meetings are held at 1241 A Military Cutoff Road,
Wilmington, NC 28405, unless otherwise noted in the board meeting notice.
If any meetings of the Board of Elections are added to this calendar, or cancelled, notice will be provided.
For more details on the Board of Elections, please call 910-798-7330 or visit our website at nhcvote.com.
**If held, this meeting would be scheduled on a county holiday where county offices are closed to the public.
Date Type Time Purpose
1 / 14 / 2025 Regular 5:30 P.M. Conduct business as needed
2 / 11 / 2025 Regular 5:30 P.M. Conduct business as needed
3 / 11 / 2025 Regular 5:30 P.M. Conduct business as needed
4 / 15 / 2025 Regular 5:30 P.M. Conduct business as needed
5 / 13 / 2025 Regular 5:30 P.M. Conduct business as needed
6 / 10 / 2025 Regular 5:30 P.M. Conduct business as needed
7 / 15 / 2025 Regular 5:30 P.M. Conduct business as needed
7 / 22 / 2025 Special TBD Administration of Oaths
8 / 12 / 2025 Regular 5:30 P.M. Conduct business as needed
8 / 19 / 2025 Special 5:30 P.M. Chief Judge/Judge Appointments 25-27
9 / 16 / 2025 Regular 5:30 P.M. Conduct business as needed
9 / 30 / 2025 Special 5:00 P.M. Absentee Review Meeting
10 / 7 / 2025 Special 5:00 P.M. Absentee Review Meeting
10 / 14 / 2025 *Special 5:00 P.M. Absentee Review Meeting
10 / 21 / 2025 Special 5:00 P.M. Absentee Review Meeting
10 / 28 / 2025 Special 5:00 P.M. Absentee Review Meeting
11 / 3 / 2025 Special 5:00 P.M. Absentee Review Meeting
11 / 4 / 2025 Special TBD Count Absentee Ballots
11 / 7 / 2025 Special TBD Count Absentee & Provisional Ballots
11 / 11 / 2025** Regular 5:30 P.M. Conduct business as needed
11 / 14 / 2025 Special 11:00 A.M. County Canvass of Election Results
12 / 9 / 2025 Regular 5:30 P.M Conduct business as needed
*Denotes a regular meeting that falls on the date of a special meeting required by statute
Legend
County Holidays (Office Closures) Regular Board Meetings County Canvass of Election Results
Special Meeting (Purpose: Oaths or Appointment) Special Meeting (Purpose: Absentee Review) Special Meeting (Purpose: Count Absentee Ballots and/or Provisional Ballots)
2025 Board Meeting Calendar
JANUARY
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
FEBRUARY
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28
MARCH
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
APRIL
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
MAY
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
JUNE
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
JULY
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
AUGUST
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
SEPTEMBER
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
OCTOBER
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
NOVEMBER
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30
DECEMBER
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
Regular Meeting
New Hanover County Board of Elections
January 14, 2025
Subject:
Preliminary Challenge Hearing
Applicable Statutes and/or Rules
N.C. Gen. Stat §163-85(d)
Summary:
On December 10, 2024, Eric A. Lunau submitted a voter challenge form for Denis Joseph Bouchard, who
currently is registered to vote at 1205 Lord Thomas Road, Wilmington, N 28405, on the grounds that this
person is not a citizen of the United States.
At the preliminary challenge hearing, the Board must determine if there is probable cause to move to a
full challenge hearing under N.C. Gen. Stat §163-86. The challenger, Eric A. Lunau will be required to
present evidence and if the Board finds that probable cause exists to believe that the voter is not
qualified to vote, a full hearing on the challenge shall be scheduled.
Document/s Included:
Voter Challenge Procedures Guide and Challenge Form
Board Action Required:
Board Action Required
Item # 4b
1
(Last Updated December 18, 2023)
Voter Challenge Procedures Guide1
1. OVERVIEW
A voter challenge questions “the right of any person to register, remain registered or vote” in the
county.2 There are three types of voter challenges: voter registration challenges, absentee ballot
challenges, and in-person ballot challenges. Voters can only be challenged for the reasons listed
in statute. Provisional ballots are not subject to challenges; state law requires county boards to
determine a provisional voter’s eligibility according to research during the canvass period.3
Challenges must be made on the Voter Challenge Form created by the State Board of Elections. A
separate form must be completed for each voter challenged. Challenges can be brought by a voter
registered in the same county as the challenged voter.
Challenges are adjudicated through a formal hearing process before the county board of elections
or precinct officials. This affords due process to the challenged voter.
Challenges and the materials submitted in connection with challenges are public records which
shall be produced upon request, subject to any redaction required for voter confidential
information.4
1 This guidance is issued under the authority delegated by the State Board to the executive director
pursuant to G.S. § 163-22(p).
2 G.S. § 163-85.
3 G.S. §§ 163-166.11(5), -182.2(a)(4).
4 G.S. § 132-1. See Numbered Memo 2022-01 on confidential voter information. Also, bear in mind that
certain other personal information that may be listed on financial or other non-voting records, some of
which is occasionally filed with a voter challenge, is also confidential. See, e.g., G.S. 132-1.10(b)(5)
(forbidding public agencies from disclosing a person’s “identifying information” as that phrase is defined
in G.S. § 14-113.20(b), with certain exceptions).
2
(Last Updated December 18, 2023)
2. FILING A VOTER CHALLENGE
A. Voter Registration Challenge
Who may file Any voter registered within the same county as the challenged
voter.5
Where to file With the county board of elections in the county where the
challenged voter is registered.6
What form to use Use the Voter Challenge Form, available on the State Board’s
website. A separate form must be used for each voter challenged
and must be signed under oath by the challenger.7 Any available
evidence to support the challenge must be attached to the form.
When to file Must be filed by the voter registration deadline (25 days before
Election Day).8 Challenges relying on generic, non-individualized
evidence cannot be brought within 90 days before a federal
election.9
Why a voter may be
challenged
The grounds for a challenge are that the voter:
• is not a resident in the state, county, precinct, or
municipality (Note: an allegation that the voter has moved
from their residence and should be removed from the
county’s voter rolls is not a permissible basis for a
challenge. See Subsection D below.)
• is under 18, or if the challenge is made within 60 days of a
primary, will not be 18 by next general election
• is serving a felony sentence (including any probation, post-
release supervision, or parole)
• is dead
• is not a U.S. citizen
• is not who they present themselves to be
5 G.S. § 163-85(a).
6 G.S. § 163-85(b).
7 G.S. § 163-85(b).
8 G.S. § 163-85(a).
9 52 U.S.C.§ 20507(c)(2)(A); N.C. State Conf. of NAACP v. Bipartisan Bd. of Elections & Ethics Enf't,
No. 1:16CV1274, 2018 WL 3748172, at *12 (M.D.N.C. Aug. 7, 2018).
3
(Last Updated December 18, 2023)
A voter may only be challenged on these grounds.10
B. Absentee Ballot Challenge11
Who may file A voter registered in the same county as the challenged absentee
voter.12
(The county boards of elections may also challenge absentee voters
through procedures addressed in State Board Numbered Memo
2022-05.)
Where to file File with the county board office or with chief judge of the
challenged voter’s precinct.13
What form to use Use the Voter Challenge Form, available on the State Board’s
website. A separate form must be used for each challenged voter
and must be signed under oath by the challenger.14 Any available
evidence to support the challenge must be attached to the form.
When to file By 5 p.m. on the fifth business day after the primary or election.15
Why a voter may be
challenged
Grounds for a challenge are that the absentee voter:
• is not a resident in the state, county, precinct, or
municipality (Note: an allegation that the voter has moved
from their residence and should be removed from the
county’s voter rolls is not a permissible basis for a
challenge. See Subsection D below.)
• is under 18, or if the challenge is made within 60 days of a
primary, will not be 18 by next general election
10 G.S. § 163-85(c).
11 Absentee ballot challenges may only be used to challenge voters who use the processes for voting
absentee under Article 20 (often called absentee-by-mail voting) and Article 21A (military and overseas
citizen voting) of Chapter 163 of the General Statutes. Previously, early voting was a type of absentee
voting, but as of January 1, 2024, that is no longer the case. See N.C. Session Law 2023-140, secs. 1(a)–
(c), 27(b).
12 G.S. § 163-89(a) (S.L. 2023-140, sec. 15).
13 G.S. § 163-89(d).
14 G.S. § 163-89(c).
15 G.S. § 163-89(a) (S.L. 2023-140, sec. 15).
4
(Last Updated December 18, 2023)
•is serving a felony sentence (including any probation, post-
release supervision, or parole)
•is dead
•is not a U.S. citizen
•is not who they present themselves to be
•already voted
•voted the wrong party’s ballot (in a partisan primary only)
Perceived deficiencies with an absentee ballot application or
container-return envelope, or a photo ID copy or exception form,
are not valid bases for a voter challenge, since state law charges the
county boards with the responsibility to decide these issues based
on the voter’s submission during absentee meetings, and the county
board’s decision to approve an absentee application is not subject
to review through a voter challenge.16
The qualification for all voters, including absentee voters, are
judged as of Election Day.17
C.In Person (Early Voting and Election Day) Ballot Challenge
Who may file Any voter registered within the same county as the challenged
voter.18
(The county boards of elections may also challenge early voting
ballots during the canvass period through procedures addressed in
State Board Numbered Memo 2022-05.)
Where to file At the voting site where the challenged voter is attempting to cast a
ballot.19
How to file Challenges are made directly to the election judges.20 Any evidence
should be presented to the Election Judges at the time of challenge.
16 G.S. § 163-230.1(e)–(f); 08 NCAC 17 .0109(c); Arnett v. N.C. State Bd. of Elections, No. 20 CVS 570,
pp. 5–6 (N.C. Super. Ct. Oct. 22, 2020).
17 See G.S. §§ 163-55, -59.
18 G.S. § 163-87.
19 G.S. § 163-87.
20 G.S. § 163-87.
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Voter Challenge forms can be found in the voting place packets
provided to the Election Judges.
When to file At the early voting site or on Election Day before the voter casts a
ballot.21
Why a voter may be
challenged
Acceptable grounds for an early voting or Election Day challenge
are that the voter:22
•is not a resident in the state, county, precinct, or
municipality (Note: an allegation that the voter has moved
from their residence and should be removed from the
county’s voter rolls is not a permissible basis for a
challenge. See Subsection D below.)
•is under 18, or if the challenge is made within 60 days of a
primary, will not be 18 by next general election
•is serving a felony sentence (including any probation, post-
release supervision, or parole)
•is dead
•is not a U.S. citizen
•is not who they present themselves to be
•already voted
•is of the wrong party (in a partisan primary only)
•does not present photo ID in accordance with G.S. § 163-
166.16 (Note: an alleged a defect in the manner that a voter
presents ID can be challenged, but not the voter’s
resemblance or name similarity to the ID, or the voter’s
claim of an exception to the ID requirement.)23
The qualification for all voters, including early voters, are judged as
of Election Day.24
21 G.S. § 163-87.
22 G.S. § 163-87.
23 See Numbered Memo 2023-03 at pp. 7–8.
24 See G.S. §§ 163-55, -59.
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D.Certain Challenges Prohibited
i.Change of Residence
Due to a federal court decision based on provisions of the National Voter Registration Act
(NVRA), no voter challenges may be based on a voter’s change in residency where the remedy
sought is removal from the voter rolls or rejection of a ballot.25 This means a county board may
not conduct a hearing on such a challenge. The county board should inform the challenger that the
challenge may not be considered by the board pursuant to the court order cited herein and should
not send notice of the challenge to the challenged voter.
A voter may be removed from the rolls for a change in address only if (1) the county board has
received written confirmation from the voter of a change of residency outside the county, or (2)
the county board has already complied with the NVRA’s notice requirement and the voter has had
no subsequent contact with the county board for two federal election cycles.26 Challenges claiming
that the voter has never lived at the address in question or challenges alleging the voter moved
within the same county and needs to have their registration updated are allowed. The remedies for
a challenge to an unreported move within the same county are addressed on page 14 of this guide.
ii.Non-Individualized Evidence
When possible, evidence should be reliable, first-hand, and specific to the voter challenged.
Generic evidence conveying no information about each challenged voter’s specific circumstances
may not serve as the basis for a voter challenge within 90 days preceding a federal election unless
the challenge is based upon the death or active felon status of the voter.27 For example, evidence
that mail was undelivered to a voter’s address is not individualized evidence, nor is information
pulled from a public website or database that conveys no information specific to the circumstances
of the voter.28 This means a county board may not conduct a hearing on such a challenge. The
county board should inform the challenger that the challenge may not be considered by the board
pursuant to the court order cited herein and should not send notice of the challenge to the
challenged voter.
iii.False Affidavits
A challenge to a voter must be filed under a sworn statement from the challenger (i.e., under
oath).29 G.S. § 163-90.3 provides: “Any person who shall knowingly make any false affidavit or
25 N.C. State Conf. of NAACP v. Bipartisan Bd. of Elections & Ethics Enf't, No. 1:16-CV-01274, 2018
WL 3748172 at *12–13 (M.D.N.C. Aug. 7, 2018). See State Board Numbered Memo 2018-07.
26 NAACP, No. 1:16-CV-01274, 2018 WL 3748172 at *12.
27 NAACP, No. 1:16-CV-01274, 2018 WL 3748172 at *7.
28 NAACP, No. 1:16-CV-01274, 2018 WL 3748172 at *7.
29 G.S. § 163-85(b).
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shall knowingly swear or affirm falsely to any matter or thing required by the terms of [Article 8
regarding voter challenges] to be sworn or affirmed shall be guilty of a Class I felony.” If any
individual or a county board has reason to believe this provision has been violated, contact the
State Board’s Investigations Division.
E.Voting Residence
The requirements for residency of voters are set out in G.S. § 163-57. The following is a summary
of the requirements for residency:
•When registering to vote, the voter must use their “fixed” habitation as their voting
residence, the place where “whenever that person is absent, that person has the intention of
returning.” A voter who relocates temporarily with the intention of returning to their home
will maintain their home residence. But if a voter relocates to a new place and intends the
move to be permanent, that voter loses their residency at the previous address.
•A voter has one and only one residence for voting purposes.
•Merely owning property or paying taxes somewhere does not establish residency for voting
purposes. What matters is where the person’s fixed habitation is.
•To vote in an election, North Carolina law requires a voter to have established the residency
they are claiming at least 30 days before the date of the election. The voter registration
application requires a voter to attest to having been a resident for this time period prior to
an election. If a person moves within 30 days of an election, they should vote based on the
residence they are moving from, since that’s where they resided 30 days before the election.
•If a jurisdictional boundary divides a person’s residence, the location of the bedroom or
usual sleeping area for that person shall be controlling as to that person’s residency.
•If a person has a non-traditional residence not associated with real property, the location of
the usual sleeping area for that person shall be controlling as to the residency of that person.
Residence shall be broadly construed to provide all persons with the opportunity to register
and to vote, including stating a mailing address different from residence address. A person
with a nontraditional residence should list the address that identifies the location of their
typical sleeping location on their voter registration form. For example, a homeless person
who typically sleeps in a homeless shelter would list the homeless shelter’s address while
a homeless person who sleeps under a bridge would list the cross streets that identify the
location of the bridge. An individual who lives in an RV would list the address where they
typically park the RV.
•A college or university student may register and vote in the county where they go to school
if the student is physically present in the school community and does not intend to return
to his or her former home after graduation. If the student intends to return to their former
home after graduation, the student should remain registered at their home. If the student
does not know where he or she will go after college, they may register in their college
community.
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Court cases and decisions by the State Board of Elections provide additional detail regarding
residency issues:
• Residency is a fact-specific inquiry and dependent on the unique circumstances of a
particular case.30
• A person has a voting residence at a place if the person (1) has abandoned their prior home;
(2) has a present intention to make the current place their home; and (3) has no intention
presently to leave that place.31 It is not required that a person intend to remain at their
residence permanently. It is sufficient if they intend to remain there indefinitely.
“Indefinitely” means that the person does not intend to leave presently; they may intend to
leave in the future upon some specified event occurring, such as a student who plans to
leave their college town upon graduation.32
• A person’s statements about their intent to retain or acquire a residence are relevant.
However, when there is a conflict between a person’s declared intent and their actions,
“conduct is of greater evidential value than expressions of intent.”33
• A person is not required to have legal title to a property or even the legal right to be present
there for a place to be considered their voting residence.34 Additionally, the fact that a
person may be forced to by circumstance or choose to live uncomfortably, such as without
running water or power, does not mean the person has not established their residence at
that place.35
Voters with questions about their own voting residence should contact their county board of
elections.
30 Hall v. Wake Cty. Bd. Of Elections, 280 N.C. 600 (1972).
31 Lloyd v. Babb, 296 N.C. 416 (1979).
32 Lloyd v. Babb, 296 N.C. 416 (1979).
33 Farnsworth v. Jones, 114 N.C. App. 182 (1994)
34 In re Greene, State Board of Elections (2019); In re Wilkins, State Board of Elections (2015) (affirming
the county board of elections’ determination that a candidate successfully established his residence in
living quarters situated above a car wash in violation of a city zoning rule).
35 Greene (reversing the county board’s decision and determining that a sheriff candidate had established
his residence in an RV in violation of local ordinances even though he owned a more comfortable house
in South Carolina); In re Lilly, State Board of Elections (2020) (reversing the county board’s decision and
determining that a county commissioner candidate had established residence despite evidence that his
house lacked running water and he could have instead resided in a more comfortable home owned by his
mother).
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3. CONSIDERATION OF A VOTER CHALLENGE
A. Voter Registration Challenge
i. Preliminary Hearing
Once a challenge is filed, the county board of elections will need to schedule a preliminary hearing
to determine if there is probable cause to believe the person is ineligible to vote.36 Although not
required by statute, the county board should provide notice to the challenger and challenged voter.
This may be accomplished by mailing them notice of the meeting.
At the preliminary hearing, the county board must determine whether (1) the challenge was
properly filed and (2) there is probable cause that the voter is not properly registered.
First, when considering whether the challenge is properly filed, the county board considers the
following factors, which are not exclusive:
• The challenger is registered to vote in the county.
• The challenge form was used, completed, signed, and sworn by the challenger
• Only one voter is challenged on the form.
• A statutory basis for a challenge is selected on the form.
• The challenge was filed by the voter registration deadline (25 days before the election).
The county board shall dismiss the challenge if any of these requirements are not met.
Second, if the above filing requirements are met, the county board must determine whether there
is probable cause that the voter is not properly registered. The county board shall take testimony
under oath and receive other evidence offered by the challenger. The challenged voter does not
present evidence at this preliminary stage, which is intended to eliminate challenges that are so
deficient they should not advance to a hearing where the voter would be required to defend
themselves. The burden of proof is on the challenger.37 If the challenger does not present
affirmative proof the voter is not properly registered, the challenge will be dismissed.38 What
constitutes affirmative proof will vary based on the circumstances, but evidence offered may
include things such as deeds, tax records, business records, utility records, etc.
Probable cause is a commonsense, practical standard: Is the evidence presented by the
challenger sufficient for a reasonable and prudent person to believe that the challenged voter
36 G.S. § 163-85(d).
37 G.S. § 163-85(d).
38 G.S. § 163-85(d).
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is ineligible? It does not mean that such a belief is necessarily correct or more likely true than
false. A probability of ineligibility is sufficient.39
If the board determines there is probable cause that the voter is not properly registered, it must
schedule a full evidentiary hearing to consider the challenge.
ii.Notice
If the county board advances the challenge to an evidentiary hearing, the county board must send
notice of the hearing via first-class mail to the voter, challenger, and the county party chairs at
least 10 days before the hearing.40 The notice shall succinctly state the grounds asserted for the
challenge, and shall state the time and place of the hearing.
iii.Evidentiary Hearing
The county board should hire a court reporter for the hearing. Alternatively, the county board could
produce an audio recording of the hearing. Such a recording must be of high enough quality to
understand all speakers and witnesses, to facilitate review of the board’s decision on appeal.
At the evidentiary hearing, the county board must first explain to the challenged voter the
qualifications for registration and voting in this state.41 The challenged voter shall be placed under
the following oath by the board as provided in G.S. § 163-86(c):
You swear (or affirm) that the statements and information you shall give in
this hearing with respect to your identity and qualifications to be registered
and to vote shall be the truth, the whole truth, and nothing but the truth, so
help you, God.
The county board shall then question the voter regarding their qualifications. If the voter insists
they are qualified, the board should administer the following oath provided in G.S. § 163-86(c):
You do solemnly swear (or affirm) that you are a citizen of the United
States; that you are at least 18 years of age or will become 18 by the date of
the next general election; that you have or will have resided in this State and
in the precinct for which registered for 30 days by the date of the next
primary or election; that you are not disqualified from voting by the
Constitution or the laws of this State; that your name is ____, and that in
such name you were duly registered as a voter of ____ precinct; and that
you are the person you represent yourself to be, so help you, God.
39 See Adams v. City of Raleigh, 245 N.C. App. 330 (2016).
40 G.S. § 163-86(b).
41 G.S. § 163-86(c).
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No challenge shall be sustained unless the challenge is substantiated by affirmative proof. In the
absence of such proof, the presumption shall be that the voter is properly registered or affiliated.42
If the voter is unable to attend, they may be represented by another person who shall deliver an
affidavit that the voter “is a citizen of the United States, is at least 18 years of age or will become
18 by the date of the next general election, has or will have resided in this State and in the precinct
for which registered for 30 days by the date of the next primary or election, is not disqualified from
voting by the Constitution or laws of this State, is named ____ and was duly registered as a voter
of ____ precinct in such name, and is the person represented to be by the affidavit.”
The Board may subpoena witnesses and administer oaths during the hearing in order to take
testimony of any witnesses.43
iv.Remedies
If the county board finds that the voter is not properly registered or affiliated, the board will cancel
or correct the voter registration.44 If the county board finds the voter is properly registered, the
challenge should be overruled. 45
B.Absentee Ballot Challenge
i.Notice
For an absentee ballot challenge, the voter whose ballot is being challenged must be notified in
advance of the hearing in a manner designed to provide the voter actual notice in advance of the
challenge hearing, to ensure the voter is afforded due process guaranteed by the state and federal
constitutions. This means the county board must send notice as soon as possible, and certainly
within one business day of receiving a challenge that is filed during the canvass period. For
42 G.S. § 163-90.1.
43 G.S. § 163-86(c).
44 G.S. § 163-90.2.
45 G.S. § 163-90.2.
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challenges that are filed during the canvass period, the county board shall also contact the voter
using any email address or phone number in the voter’s record.
The notice must include the reason for the challenge and the date and time of the county canvass
where the hearing will be held.
ii.Hearing
The board shall hold a hearing on the challenge on the day set for the county canvass.46 All
members of the county board shall attend the canvass and all members shall be present for the
hearing of challenges to absentee ballots.47 The board shall make its decision without opening the
container-return envelope or removing the ballot from it,48 unless the ballot had been approved at
a prior meeting and was already separated from the envelope.
The county board should hire a court reporter/transcriptionist for the hearing. Alternatively, the
county board could produce an audio recording of the hearing. Such a recording must be of high
enough quality to understand all speakers and witnesses, to facilitate review of the board’s decision
on appeal.
The board shall administer the necessary oaths or affirmations to all witnesses testifying to the
qualifications of the voter challenged or to the validity or invalidity of the ballot.49 Any voter
whose ballots have been challenged may, either personally or through an authorized representative,
appear before the board at the hearing on the challenge and present evidence as to the validity of
the ballot.50
No challenge shall be sustained unless the challenge is substantiated by affirmative proof. In the
absence of such proof, the presumption shall be that the voter is properly registered or affiliated.51
Because the burden is on the challenger to substantiate the challenge “by affirmative proof,” and
state law requires a person challenging and absentee ballot to present their case at the hearing, the
county board must dismiss any challenge if the challenger fails to attend the challenge hearing or
present their case.52
46 G.S. § 163-89(e).
47 G.S. § 163-89(e).
48 G.S. § 163-89(e).
49 G.S. § 163-89(e).
50 G.S. § 163-89(e).
51 G.S. § 163-90.1(b).
52 See G.S. § 163-89(c), (e); G.S. § 163-90.1(b).
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iii.Remedies
If an absentee ballot challenge is sustained because the voter is not eligible to vote in the election
at all, the envelope will not be opened, and the ballot inside will not be counted.53 If the ballot has
already been tabulated, the county board must retrieve the ballot and deduct ineligible votes from
the election results. If the voter was eligible to vote some but not all contests, the board shall deduct
the votes cast for any ineligible contest and count the results for eligible contests.54
C.In-Person (Early Voting and Election Day) Ballot Challenge
i.Hearing
When a challenge is filed, the chief judge and judges for that voting place shall hear and decide
the voter challenge. When the challenge is entered, the judges shall explain to the challenged voter
the qualifications for registration and voting in North Carolina and, after placing the voter under
oath, question the voter about their qualifications to register and vote.55 If the challenged voter
insists they are qualified, and proves their identity and continued residence in the precinct since
they were registered, one of the judges or the chief judge shall tender to them the following oath
or affirmation, omitting the portions in brackets if the challenge is heard on the day of an election
other than a primary:
You do solemnly swear (or affirm) that you are a citizen of the United
States; that you are at least 18 years of age [or will become 18 by the date
of the next general election]; that you have [or will have] resided in this
State and in the precinct for which registered for 30 days [by the date of the
next general election]; that you are not disqualified from voting by the
Constitution and laws of this State; that your name is ____, and that in such
name you were duly registered as a voter of this precinct; that you are the
person you represent yourself to be; [that you are affiliated with the ____
party]; and that you have not voted in this [primary] election at this or any
other voting place. So help you, God.
If the challenged voter refuses to take the oath, the challenge will be sustained.56 If the challenged
voter takes the tendered oath, the precinct officials conducting the hearing may, nevertheless,
sustain the challenge unless they are satisfied that the challenged registrant is a legal voter. If they
are satisfied that the person is a legal voter, they shall overrule the challenge and allow the person
53 G.S. § 163-89(e).
54 G.S. § 163-90.2(a).
55 G.S. § 163-88(a).
56 G.S. § 163-88(a).
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to vote. An undeliverable piece of mail may not be considered evidence that the challenged in-
person voter is not properly registered.57
Election judges shall make note of their decision on the voter challenge form/envelope available
at the voting place, which shall be retained with all precinct materials to be returned to the county
board at the close of the polls.
ii.Remedies
If the challenge is overruled, the voter must be allowed to vote a regular ballot. If the challenge is
sustained, the challenged voter must be allowed to vote on a challenged ballot, which should be
placed in the challenge envelope and returned to the county board, to allow for a potential appeal
by the voter.58 In the case of an unreported move within the same county, the voter at early voting
must be allowed to vote their proper ballot style on a regular ballot.59 For election day voters, an
unreported move voter can be transferred to the correct precinct, to the transfer precinct, or allowed
to vote a provisional ballot which shall be counted for the contests they are eligible to vote for,
based on their correct address.60
Challenged ballots are sealed in an envelope and preserved for 22 months. If an election is
contested during that time, either party to the election protest may request a court to order the
sealed envelopes be brought to the county board of elections. If so ordered, the county board of
elections will convene and consider each challenged ballot and rule as to which ballots shall be
counted.61
4.APPEAL TO SUPERIOR COURT
A county board’s decisions on any voter challenge may be appealed to the superior court in the
county where the board is located. The appeal must be filed within 10 days. The appeal may be
filed by the challenged voter or the challenger only.62
In conducting the voter challenge, county boards should be mindful that their decision will create
the factual record for the case. The Superior Court will act as an appellate court for board decisions.
The court may determine whether: (1) the board made any errors of law; (2) procedures specified
by law were followed; (3) appropriate due process rights were afforded to the parties, including
pre-hearing notice and the right to offer evidence, cross-examine witnesses, and inspect
57 G.S. § 163-88(c).
58 G.S. § 163-88.1.
59 G.S. § 163-166.11(3).
60 G.S. §§ 163-82.15(e), -87.
61 G.S. § 163-88.1.
62 G.S. § 163-90.2(c).
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documents; (4) the county board’s decision is supported by competent, material and substantial
evidence in the whole record; and (5) the decision is not arbitrary and capricious.63
63 Rotruck v. Guilford Cnty. Bd. of Elections, 267 N.C. App. 260, 265, 833 S.E.2d 345, 349 (2019).
Regular Meeting
New Hanover County Board of Elections
January 14, 2025
Subject:
Proposed FY25-26 Budget Enhancements
Applicable Statutes and/or Rules
N/A
Summary:
The Board of Elections is responsible for providing budgetary requests for the FY25-26 period. This
request will include our requested continuation budget and requests for enhancements. I am
recommending seven Enhancement Requests as a part of the FY25-26 requested budget package. These
requests summarize the greatest operational needs of the Board of Elections to continue to most
effectively fulfill our mission.
Five of our requests point to our need to add more administrative depth to our office, which would
provide us with tiered levels of support for all positions even when faced with changing laws,
administrative guidance, and increasing demands. In the design and drafting of these new positions, we
aimed at creating a three-tiered approach for each function that our department is responsible for. It
was our goal to create a hierarchical framework for each full-time staff member where they had a direct
supervisor to go to for guidance and a direct report to go to when administrative and procedural
support was needed.
The following is a list and short description of our proposed FY25-26 enhancement requests:
•Compensation for Election Officials – We are requesting to increase our election official pay
rates to align with the minimum pay rate for casual part-time employees. We need to
competitively and appropriately compensate the backbone of elections, our Election Officials.
Our current and requested pay rates by election official position are listed below:
o Multipartisan Assistance Team - $40/visit to $45/visit for avg 2.5 hour visit
o Early Voting Officials - Site Lead $17/hour to $19/hour and Site Assistant $15/hour to
$17/hour
o Election Day Officials - Chief Judge $300/day to $330/day, Judge $255/day to $285/day,
Assistants $225/day to $255/day for 15-hour day.
o Election Official Training - $25/class to $35/class for avg 2-hour class
•Election Official Management Software - We are requesting to change the software used to
manage our election official database and supply inventory. The proposed software will permit
our office to more effectively leverage technology to improve efficiency, capacity, and customer
experience. This request points to our desire to be more innovative in our approach to record
keeping, staffing, and inventory management. The current options in place result in a piece-
Item # 4c
mealed system of programs that creates unnecessary burdens on staff and minimizes our ability
to provide support to other administrative functions during an active election cycle.
•New Position - Deputy Director of Elections (Internal) - We are requesting that a second Deputy
Director role be added to provide greater supervisory and administrative oversite of our internal
practices. This individual would serve as our Finance and Human Resources Liaison, assist the
director with budget management, and provide oversight of the specialized work associated
with voter registration, absentee by-mail voting, equipment programming and tabulation and
public records requests. Adding this additional layer of support would create greater depth and
knowledge of all high-level administrative and technical functions and ensure continuity of
operations in the Director’s absence.
•New Position – Voter Education & Communications Coordinator - We are requesting a new
position to support, develop, and implement strategies to tell the Board of Elections story. This
position would serve as our public affairs liaison, crafting messaging, engaging with media
outlets and creating marketing materials consistent with our mission, as well as leading
community engagement initiatives for the Board of Elections. There is a great need to have our
own internal communications professional who has sufficient knowledge of our practices and
governing statutes to ensure that our communication with external stakeholders is nonpartisan
and representative of our status as an independent legal entity.
•New Position - Elections Registration Coordinator – We are requesting a new position to provide
higher-level administrative support to help maintain and audit the voter registration database.
Currently, all tasks associated with this role, and other tasks that would remain with the existing
Elections Specialist role, currently fall to one staff member. The legal and administrative changes
related to voter registration have resulted in an increased level of complexity and a workload
that is not manageable by just one person.
•Three Part-Time Administrative Technicians – We are requesting three additional part-time
administration technicians to add greater year-round depth and subject matter knowledge to
ensure timely completion of all specialized programming work related to voter registration,
logistics, and absentee by mail voting. These are not new positions, as there are already two of
these positions on staff currently. By adding three new casual part-time positions, we are
dramatically increasing our year-round capacity to provide support to critical registration,
absentee, and preparatory processes to ensure a smooth election cycle, relying less on
temporary staff members to support critical functions.
•Reclassification- Elections Absentee Coordinator - We are requesting a reclassification of the
existing Elections Specialist role that oversees the absentee by-mail functions. Currently, we
have an Elections Specialist position that is responsible for overseeing absentee voting and
providing primary support to the Registrar as well as serving as our department’s Finance and
Human Resource liaison. The workload associated with all these tasks has become too great for
one staff person. We are requesting to create a new position for an Internal Deputy Director,
who will serve as the new Finance and Human Resources liaison. As a result of this new
position, we are requesting to reclassify the Election Specialist position to Elections Absentee
Coordinator.
Document/s Included:
FY25-26 Enhancement Requests, Projected Organizational Hierarchy with Added Positions (provided at
meeting)
Board Action Required:
Board Action Required
Regular Meeting
New Hanover County Board of Elections
January 14, 2025
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(a)(5) and
(a)(6) to discuss personnel matters and whether to hire outside counsel and under what terms/
conditions.
Applicable Statutes and/or Rules:
N.C. Gen. Stat. §§ 143-318.11(a)(5) and (a)(6)
Summary:
Closed session is required to discuss personnel matters and wether to hire outside counsel and
under what terms/conditions under N.C. Gen. Stat. §§ 143-318.11(a)(5) and (a)(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. §§ 1143-318.11(a)(5) and
(a)(6). to conduct business remaining before the Board.
Item # 2 Item # 5
Regular Meeting
New Hanover County Board of Elections
January 14, 2025
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