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Board Meeting Agenda 10-27-2020 MEETING AGENDA Date: October 27, 2020 Time: 5:00 PM Location: Government Center Complex, Fin #500 Type: Special Scheduled Attendees: Thomas C. Pollard, Chair Rae Hunter-Havens, Elections Director Evelyn D. Adger, Secretary Joan Geiszler-Ludlum, Administrative Technician Jonathan W. Washburn, Member Caroline Dawkins, Elections Program & Outreach Derrick R. Miller, Member Coordinator Russ C. Bryan, Member Visitor(s): Sheryl Kelly, Assistant County Manager AGENDA ITEMS 1. Meeting Opening a. Call to Order b. Pledge of Allegiance c. Approval of Agenda d. Approval of Minutes (9/29/2020 and 10/06/2020) 2. Public Comment and Questions  Public Comment (2-minute limit) 3. General Discussion  Other Elections-Related Matters 4. New Business a. Review of Absentee Ballot Applications b. 2020 Precinct Official Appointments 5. Adjournnment *Agenda packets are sent via email in advance of meetings. Special Meeting New Hanover County Board of Elections October 27, 2020 Subject: Approval of Agenda Summary: N/A Board Action Required: Staff recommends approval Item # 1c Draft Special Meeting New Hanover County Board of Elections October 27, 2020 Subject: Approval of Minutes Applicable Statutes and/or Rules N.C. Gen. Stat. §§163-31(e) and 143-318.10(e) Summary: This includes minutes from the 09/29/2020 and 10/06/2020 meetings. Board Action Required: Staff recommends approval Item # 1d Item # 1d Draft Board Minutes – 09/29/2020 SPECIAL MEETING New Hanover County Board of Elections September 29, 2020 5:00 PM ATTENDANCE Members: Thomas C. Pollard, Chair Evelyn D. Adger, Secretary Jonathan W. Washburn, Member Derrick R. Miller, Member Russ C. Bryan, Member Staff: Rae Hunter-Havens, Executive Director Caroline Dawkins, Elections Program & Outreach Coordinator Joan Geiszler-Ludlum, Administration Technician Visitors: Sheryl Kelly, Assistant County Manager Public Attendees: Bob Gatewood; Julius Rothlen, NHC GOP; Richard Poole, NHC DP; Steph Fetzer; Lynn Dunn; James Carter; Will Knecht, NHC GOP. Telephonic attendees: 5 OPENING Chair Pollard called the meeting to order at 5:00 pm. The New Hanover County Board of Elections meeting was held at 230 Government Center Drive, in Finance Conference Room 500, Wilmington, NC. All members were present. AGENDA Chair Pollard called for a motion to approve the agenda as submitted. Member Bryan asked that items 3, New Business, and 4, General Discussion, be reversed, taking General Discussion ahead of New Business. Chair Pollard moved the agenda with that change, seconded by Member Washburn. Motion carried unanimously. MINUTES Chair Pollard moved that the minutes of the September 15, 2020 meeting be approved as submitted, seconded by Member Washburn. The motion carried unanimously. PUBLIC COMMENT Draft Board Minutes – 09/29/2020 Chair Pollard called on the public attendees for any comments or questions, limited to two minutes each. There being no comments from the public in-person attendees or the telephone attendees, Chair Pollard closed the Public Comment period. GENERAL DISCUSSION Chair Pollard brought the Board’s attention to the guidance from the State Board of Elections NCSBOE Numbered Memo 2020-25 regarding Absentee Ballot administrative preparatory tasks that the Board can delegate to staff in preparation for the required Special Absentee Board Meetings ahead, beginning the fifth Tuesday before the election. Preparatory steps that the Board can delegate to staff for completion prior to the Board meetings include:  Inspecting container-return envelopes for deficiencies and contacting voters as required in NCSBOE Numbered Memo 2020-19;  Sorting container-return envelopes into categories for the Board’s review and approval;  Verifying the list of ballot envelopes against the absentee pollbook;  Performing ballot duplication of UOCAVA ballots and ballots that cannot be read by the tabulator following a Board-adopted policy authorizing bipartisan duplication teams; and  Stamping a list of approved ballots in place of stamping individual container- return envelopes. The Board cannot delegate their oversight duties nor their approval/disapproval authority regarding absentee ballots. Chair Pollard moved that the Board delegate to staff anything legally permissible in the preparation of absentee ballots for scanning and tabulation, seconded by Secretary Adger, and called for Board discussion. Member Bryan voiced his concerns that NCSBOE Numbered Memo 2020-19, that sets out a method for County Boards to follow to cure deficiencies of witness signatures on absentee ballot container-return envelopes. His concerns are, first, that it is based on the parties’ proposed settlement agreement in their lawsuit against the State Board of Elections that has not yet been approved by the judge in that case; and second, that the proposed settlement agreement is contrary to state law requiring one witness signature on the container-return envelope. He introduced a resolution that was adopted the previous day by the Wake County Board of Elections and distributed copies to the Board. The Wake County resolution delegates to its director such administrative election functions, duties, and work of the board as permitted by law, citing the Wake County Board’s prior precedent, resolution or motion which delegated such administrative duties to the Director and staff according to NCGS §163, Subchapter VII Absentee Voting. The resolution makes an exception to the delegation that prohibits curing a witness or assistant deficiency by voter certification, but does allow spoiling a ballot and reissuing a new ballot in that circumstance. Discussion followed. Member Washburn proposed holding all absentee ballots with curable deficiency as pending until a court order is in place. In response to questioning from the Board, Director Hunter-Havens reported that none of the absentee ballots before the Board at this meeting fall into the category of “accepted-cured” related to the witness and assistant guidance because the State Board guidance was just recently received. She is aware of Draft Board Minutes – 09/29/2020 about 275 absentee ballots pending cure certification, but only 2 of these are related to the witness or assistant deficiency. Member Miller asked the Board to turn their attention back to the motion to delegate. His question is whether the County Board has the authority to order the Director and staff to ignore that part of Memo 2020-19 addressing witness and assistant deficiencies. Member Washburn called the question on the original motion. Chair Pollard called for a vote on the motion as originally stated, delegating to staff anything legally permissible in the preparation of absentee ballots for scanning and tabulation. The motion carried unanimously. Chair Pollard asked if there is a motion to address the cure for a witness deficiency on the absentee container-return envelope, or do the Members wish to defer this question until the next meeting when there may be clarifying direction? Member Bryan stated his view that the State Board’s Numbered Memo 2020-19 jumped the gun. He moved that the Board stick with state law and direct that the Director and staff spoil and send a new ballot instead of following the directions of Memo 2020-19. Chair Pollard and Member Washburn both objected to the motion and it died for lack of a second. Chair Pollard asked if there were any other items for general discussion. Member Miller inquired, given the potential of hacking into the voter registration database, what are the back-up systems? Director Hunter-Havens explained that every polling place has an emergency paper pollbook for use to keep the polls open. NEW BUSINESS Chair Pollard turned to the next agenda item, review of absentee ballot applications, and called on Director Hunter-Havens to present her report. Director Hunter-Havens presented the absentee ballot applications that were submitted prior to the Board meeting and completed the routine review process complying with NCGS §163-229 (b) and §163-230.1 (f); Session Laws 2019-239 and 2020-17, and NCSBOE Numbered Memos 2020-19 and 2020-25. She recommended approval of 9,425 absentee ballot applications that meet all certification requirements and presented a random sample for Board review; disapproval of 84 absentee ballot applications for reasons unrelated to voter, witness or assistant signature deficiencies; no applications require additional Board review at this meeting. An additional 275 absentee ballot applications are pending further direction on deficiency cure procedures. Of the 84 recommended for disapproval, most have been spoiled and reissued to the voter at the voter’s request, mostly for lost or damaged container-return envelopes. About 20 percent were initiated by the Board of Elections for envelope damage or unsealed or unsigned envelopes. Original ballots were spoiled and ballots have been reissued to these voters. Chair Pollard moved approval of 9,235 civilian, 153 overseas and 37 military absentee ballots, a total of 9,425, and Member Washburn seconded. The motion carried unanimously. Draft Board Minutes – 09/29/2020 Member Washburn moved rejection of 84 absentee ballot applications, and Chair Pollard seconded. The motion carried unanimously. Chair Pollard explained that the meeting will now move to the Board of Elections Conference Room for opening and scanning the approved absentee ballots in preparation for counting on Election Day. Any scanner machine rejected ballot will be duplicated and rescanned. At least three Board members are required to oversee the scanning process, with at least one member from each party. The UOCAVA (Uniformed and Overseas Citizens Absentee Voting Act) ballots are not machine-readable. The staff will duplicate these before the Board’s recessed meeting on Thursday, October 1, 2020 at 5:00 pm. Chair Pollard plans to recess the meeting at a good stopping point in the scanning process around 10:00 pm, to continue on Thursday. Member Bryan moved that the Board direct the Director and staff to spoil absentee ballots without proper witness certification instead of issuing a cure affidavit as directed in NCSBOE Numbered Memo 2020-19, and Member Washburn seconded. After discussion, Member Bryan revised his motion to direct the Director and staff to make reasonable efforts to give the voter the choice to spoil the ballot and receive a new ballot, and Member Washburn seconded. After additional discussion, Chair Pollard called for the vote. The vote was 2 ayes and 3 noes, the motion failed for lack of a majority. The Board meeting moved to the Board of Elections office at 6:12 pm to observe the scanning of the approved absentee ballots. RECESS At 10:20 pm, the Board recessed the meeting until October 1, 2020 at 5:00 pm in the Board of Elections Conference Room to complete scanning of the approved absentee ballots. RETURN FROM RECESS Chair Pollard reconvened the meeting at 5:12 pm with Members Adger, Miller and Bryan present. The meeting reconvened in the Board of Elections Conference Room, 230 Government Center Drive, Suite 38, Wilmington, NC, to continue scanning the approved absentee ballots. The Members reviewed and approved by consensus 183 UOCAVA ballots duplicated in accordance with the policy the Board adopted earlier in this meeting and the federal statute. Upon completing the scanning, Director Hunter-Havens reported that the total ballots scanned is 9,419, six less that the 9,425 the Board reviewed and approved. This difference is expected and will be reported in the reconciliation report at the next Board meeting for the Board’s review. ADJOURNMENT Draft Board Minutes – 09/29/2020 Chair Pollard moved that the meeting be adjourned at 9:07 pm. The next Special Absentee Board meeting is scheduled to be held on Tuesday, October 6, 2020, at 5:00 pm at 230 Government Center Drive, Meeting Room 500, Wilmington, NC. APPROVED BY: RESPECTFULLY SUBMITTED BY: EVELYN D. ADGER RAE HUNTER-HAVENS SECRETARY ELECTIONS DIRECTOR Draft Board Minutes – 10/06/2020 SPECIAL MEETING New Hanover County Board of Elections October 6, 2020 5:00 PM ATTENDANCE Members: Thomas C. Pollard, Chair Evelyn D. Adger, Secretary Jonathan W. Washburn, Member Derrick R. Miller, Member Russ C. Bryan, Member Staff: Rae Hunter-Havens, Executive Director Caroline Dawkins, Elections Program & Outreach Coordinator Joan Geiszler-Ludlum, Administration Technician Visitors: Sheryl Kelly, Assistant County Manager Public Attendees: Julius Rothlein, NHC GOP; Bob Gatewood, J. Carter; Shirley Bolden, NHC NAACP; Lynn Dunn, Audrey Hammonds. Telephonic attendees: 4 OPENING Chair Pollard called the meeting to order at 5:00 pm. The New Hanover County Board of Elections meeting was held at 230 Government Center Drive, in Finance Conference Room 500, Wilmington, NC. All members were present. AGENDA Chair Pollard gave an overview of the meeting agenda. Member Washburn asked to modify the order of business by taking up item 4, General Discussion, ahead of item 3, New Business. With that change, the agenda was approved. PUBLIC COMMENT Chair Pollard called on the public attendees for any comments or questions, limited to two minutes each. There being none from the in-person attendees nor the telephone attendees, Chair Pollard closed the Public Comment period. Draft Board Minutes – 10/06/2020 GENERAL DISCUSSION Member Bryan wished to return to the previous meeting’s discussion of the application of State Board Numbered Memo 2020-19, eliminating the witness requirement, in light of the subsequent federal District Court order. He noted today’s action by the US Supreme Court to allow South Carolina’s one-witness requirement, enacted by the state legislature, to apply. He further noted the State Board Numbered Memos 2020-28 and 2020-29, issued in response to the federal District Court order, now direct that County boards take no action on returned absentee ballots with witness deficiencies. He felt that just letting those ballots sit seems wrong. He further noted that other County Boards have acted to spoil and send new ballots to avoid irreparable harm to the voter. Member Washburn noted that local Boards may provide cure affidavits for some voter deficiencies, but not for witness deficiencies. But they are not mandated not to contact the voter and give the voter the option to request their ballot be spoiled and reissued. Member Bryan felt the language of the latest State Board memos sounds overly threatening in tone. The Board needs to serve the best interests of the voter in the absentee by mail voting process which is already delayed by a week. NEW BUSINESS Chair Pollard called on Director Hunter-Havens for her report. She reported on the final reconciliation of the absentee ballots the Board approved at their September 29, 2020 meeting. The Board approved a total of 9,425, but during opening of the container-return envelopes, 4 ballots could not be scanned due to:  Husband returned wife’s ballot;  Voter requested a replacement by note in the return envelope;  Voter was issued the incorrect ballot; and  One ballot was incomplete due to a printing error. These voters have been contacted and corrective action taken. Thus, a final total of 9,421 absentee ballots were approved and scanned. Director Hunter-Havens presented a revised Ballot Certification for the Board’s signatures. Director Hunter-Havens presented the report on the new absentee ballot by mail applications for Board consideration. She presented 2,809 recommended for Board approval. Of these, 2,803 were reviewed with all requirements completed. She presented samplings of the approved container- return envelopes. Chair Pollard moved approval of the 2,803 absentee ballots recommended for approval, seconded by Member Washburn. The motion carried unanimously. Six were received with deficiencies in the voter’s signature that were sent and returned cure affidavits. The six with completed cure affidavits now meet all requirements and were given to the Board for their inspection and review. In response to a question, Director Hunter-Havens advised that these are labelled “Accepted – cured” in SEIMS and can be undone if the court negates cure affidavits for voter signature deficiencies. Director Hunter-Havens explained that staff follow State Board guidance on these Draft Board Minutes – 10/06/2020 situations and contact the voter via letter, and also phone and email if the voter provided these contacts. Member Bryan noted that the affidavits do not say what the deficiency is and should have check-boxes to note that information. The deficiency is noted in the cover letter and explained upon personal contact. Member Washburn moved approval of the six absentee ballots recommended for approval as accepted-cured, seconded by Chair Pollard. The motion carried unanimously. Director Hunter-Havens presented six absentee ballots with a recommendation these not be approved because these were received unsealed or empty in accordance with Numbered Memo 2020-19 addressing these deficiencies. In all six cases, the original ballot has been spoiled and a new ballot issued to the voter with explanation by letter and personal contact to the extent possible. Board Member Washburn moved to reject these six deficient absentee ballots, seconded by Chair Pollard. The motion carried unanimously. Member Washburn noted this as a great example of the concerns expressed by Member Bryan that some voters may not have their absentee by mail ballots counted unless they vote in-person. He suggested running Public Service Announcements to encourage absentee by mail voters to check the status of their ballot on-line and if not approved, they can still vote in person during the One Stop Early Voting period or on Election Day. Chair Pollard announced that the meeting will now move to the Board of Elections Conference Room in Suite 38 to scan the approved absentee ballots. The meeting continues in session while the scanning process happens. ADJOURNMENT Chair Pollard announced that 2,807 absentee ballots have been scanned successfully, with two ballot anomalies noted for further staff follow up. Chair Pollard moved that the meeting be adjourned at 8:57 p.m. The motion carried unanimously. The next Board meeting is scheduled to be held on October 13, 2020, at 5:00 pm at 230 Government Center Drive, Finance Conference Room 500, Wilmington, NC. APPROVED BY: RESPECTFULLY SUBMITTED BY: __________________________ ________________________________ EVELYN D. ADGER RAE HUNTER-HAVENS SECRETARY ELECTIONS DIRECTOR Draft Special Meeting New Hanover County Board of Elections October 27, 2020 Subject: Public Comment Summary: This is an opportunity for members of the public to provide comment on elections-related matters. Each commenter will be limited to two minutes. Board Action Required: Discuss as necessary Item # 2 Item # 2 Draft Special Meeting New Hanover County Board of Elections October 27, 2020 Subject: General Discussion Summary: This is an opportunity for discussion on other elections-related matters not included in the meeting agenda. Board Action Required: Discuss as necessary Item # 3 Draft Special Meeting New Hanover County Board of Elections October 27, 2020 Subject: Review of Absentee Ballot Applications Applicable Statutes and/or Rules N.C. Gen. Stat §§163-229(b) and 163-230.1(f), Session Law 2019-239, Session Law 2020-17, NCSBOE Numbered Memo 2020-19 (revised October 17, 2020) Summary: At each absentee board meeting, county boards will need to either approve or deny the applications. All returned absentee ballot applications for the 2020 General Election must include the following: 1. The voter’s certification of eligibility to vote the enclosed ballot. 2. The certification of one witness, to include their residence address. 3. The certification, to include residence address, of any individual that assisted a voter in accordance with N.C. Gen. Stat. §163-226.3. Per reissued Numbered Memo 2020-19, there are three different types of deficiencies associated with absentee ballot applications: 1) deficiencies that can be cured with a certification, 2) deficiencies that require the ballot to be spoiled, and 3) deficiencies that require additional board review and action. Deficiencies associated with the voter’s signature, a witness or assistant printed name or address, and a witness or assistant signature on the wrong line can be cured by sending the voter a certification. Deficiencies that require that the ballot be spoiled and reissued include a missing witness or assistant signature, the submission of unsealed container-return envelopes and envelopes indicating the voter is requesting a replacement ballot. Deficiencies that require further board review and action include cases where the deficiency is first noticed at a board meeting, envelopes with missing ballots, and envelopes with more than one ballot. At the end of each meeting, all envelopes and ballots should be reconciled with the number of ballot envelopes approved at the meeting equal in number to the number of ballots counted by the tabulator. The county board should record the count on the tabulator at the start and end of each absentee meeting using a Reconciliation Log Sheet. Document/s Included: NCSBOE Numbered Memo 2020-19 (revised October 19, 2020), Absentee Poll Book; Reconciliation Log Sheet (Provided at meeting) Board Action Required: Discuss as necessary and action required Item # 2 Item # 4a Draft Mailing Address: P.O. Box 27255 Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135 Numbered Memo 2020-19 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Absentee Container-Return Envelope Deficiencies DATE: August 21, 2020 (revised on September 22, 2020; further revised on October 17, 2020 in light of orders in Democracy NC v. North Carolina State Bd. of Elections, No. 20-cv-457 (M.D.N.C.) and NC Alliance for Retired Americans v. North Carolina State Bd. of Elections, No. 20-CVS-8881 (Wake Cty. Sup. Ct.)) County boards of elections have already experienced an unprecedented number of voters seeking to vote absentee-by-mail in the 2020 General Election, making statewide uniformity and consistency in reviewing and processing these ballots more essential than ever. County boards of elections must ensure that the votes of all eligible voters are counted using the same standards, regardless of the county in which the voter resides. This numbered memo directs the procedure county boards must use to address deficiencies in absentee ballots. The purpose of this numbered memo is to ensure that a voter is provided every opportunity to correct certain deficiencies, while at the same time recognizing that processes must be manageable for county boards of elections to timely complete required tasks.1 1. No Signature Verification The voter’s signature on the envelope shall not be compared with the voter’s signature on file because this is not required by North Carolina law. County boards shall accept the voter’s signature on the container-return envelope if it appears to be made by the voter, meaning the signature on the envelope appears to be the name of the voter and not some other person. Absent 1 This numbered memo is issued pursuant to the State Board of Elections’ general supervisory authority over elections as set forth in G.S. § 163-22(a) and the authority of the Executive Director in G.S. § 163-26. As part of its supervisory authority, the State Board is empowered to “compel observance” by county boards of election laws and procedures. Id., § 163-22(c). Draft 2 clear evidence to the contrary, the county board shall presume that the voter’s signature is that of the voter, even if the signature is illegible. A voter may sign their signature or make their mark. The law does not require that the voter’s signature on the envelope be compared with the voter’s signature in their registration record. See also Numbered Memo 2020-15, which explains that signature comparison is not permissible for absentee request forms. 2. Types of Deficiencies Trained county board staff shall review each executed container-return envelope the office receives to determine if there are any deficiencies. County board staff shall, to the extent possible, regularly review container-return envelopes on each business day, to ensure that voters have every opportunity to correct deficiencies. Review of the container-return envelope for deficiencies occurs after intake. The initial review is conducted by staff to expedite processing of the envelopes. Deficiencies fall into two main categories: those that can be cured with a certification and those that cannot be cured. If a deficiency cannot be cured, the ballot must be spoiled and a new ballot must be issued, as long as the ballot is issued before Election Day. See Section 3 of this memo, Voter Notification. 2.1. Deficiencies Curable with a Certification (Civilian and UOCAVA) The following deficiencies can be cured by sending the voter a certification: • Voter did not sign the Voter Certification • Voter signed in the wrong place • Witness or assistant did not print name2 • Witness or assistant did not print address3 2 If the name is readable and on the correct line, even if it is written in cursive script, for example, it does not invalidate the container-return envelope. 3 Failure to list a witness’s ZIP code does not require a cure. G.S. § 163-231(a)(5). A witness or assistant’s address does not have to be a residential address; it may be a post office box or other mailing address. Additionally, if the address is missing a city or state, but the county board of elections can determine the correct address, the failure to list that information also does not invalidate the container-return envelope. For example, if a witness lists “Raleigh 27603” you can determine the state is NC, or if a witness lists “333 North Main Street, 27701” you can determine that the city/state is Durham, NC. If both the city and ZIP code are missing, staff will need to determine whether the correct address can be identified. If the correct address cannot be identified, the envelope shall be considered deficient and the county board shall send the voter Draft 3 • Witness or assistant signed on the wrong line This cure certification process applies to both civilian and UOCAVA voters. 2.2. Deficiencies that Require the Ballot to Be Spoiled (Civilian) The following deficiencies cannot be cured by certification: • Witness or assistant did not sign • Upon arrival at the county board office, the envelope is unsealed • The envelope indicates the voter is requesting a replacement ballot If a county board receives a container-return envelope with one of these deficiencies, county board staff shall spoil the ballot and reissue a ballot along with a notice explaining the county board office’s action, in accordance with Section 3. 2.3. Deficiencies that require board action Some deficiencies cannot be resolved by staff and require action by the county board. These include situations where the deficiency is first noticed at a board meeting or if it becomes apparent during a board meeting that no ballot or more than one ballot is in the container-return envelope. If the county board disapproves a container-return envelope by majority vote in a board meeting due to a deficiency, it shall proceed according to the notification process outlined in Section 3. 3. Voter Notification 3.1. Issuance of a Cure Certification or New Ballot If there are any deficiencies with the absentee envelope, the county board of elections shall contact the voter in writing within one business day of identifying the deficiency to inform the voter there is an issue with their absentee ballot and enclosing a cure certification or new ballot, as directed by Section 2. The written notice shall also include information on how to vote in-person during the early voting period and on Election Day. The written notice shall be sent to the address to which the voter requested their ballot be sent. If the deficiency can be cured and the voter has an email address on file, the county board shall also send the cure certification to the voter by email. If the county board sends a cure certification by email and by mail, the county board should encourage the voter to only return one of the certifications. If the voter did not provide an email address but did provide a phone number, the the cure certification in accordance with Section 3. See Numbered Memo 2020-29 for additional information regarding address issues. Draft 4 county board shall contact the voter by phone to inform the voter that the county board has mailed the voter a cure certification. If the deficiency cannot be cured, and the voter has an email address on file, the county board shall notify the voter by email that a new ballot has been issued to the voter. If the voter did not provide an email address but did provide a phone number, the county board shall contact the voter by phone to inform the voter that the county board has issued a new ballot by mail. A county board shall not reissue a ballot on or after Election Day. If there is a curable deficiency, the county board shall contact voters up until the day before county canvass. 3.2. Receipt of a Cure Certification The cure certification must be received by the county board of elections by the deadline for receipt of absentee ballots. The cure certification may be submitted to the county board office by fax, email, in person, or by mail or commercial carrier. If a voter appears in person at the county board office, they may also be given, and can complete, a new cure certification. The cure certification may only be returned by the voter, the voter’s near relative or legal guardian, or a multipartisan assistance team (MAT). A cure certification returned by any other person is invalid. It is not permissible for a cure certification to be submitted through a portal or form created or maintained by a third party. A cure certification may not be submitted simultaneously with the ballot. Any person who is permitted to assist a voter with their ballot may assist a voter in filling out the cure certification. 3.3 County Board Review of a Cure Certification At each absentee board meeting, the county board of elections may consider deficient ballot return envelopes for which the cure certification has been returned. The county board shall consider together the executed absentee ballot envelope and the cure certification. If the cure certification contains the voter’s name and signature, the county board of elections shall approve the absentee ballot. A wet ink signature is not required, but the signature used must be unique to the individual. A typed signature is not acceptable, even if it is cursive or italics such as is commonly seen with a program such as DocuSign. 4. Late Absentee Ballots Voters whose ballots are not counted due to being late shall be mailed a notice stating the reason for the deficiency. A late civilian ballot is one that received after the absentee-ballot receipt deadline by (1) 5 p.m. on Election Day or (2), if postmarked on or before Election Day and received by mail by the deadline for receipt of postmarked ballots. Late absentee ballots are not curable. If a ballot is received after county canvass the county board is not required to notify the voter. Draft Special Meeting New Hanover County Board of Elections October 27, 2020 Subject: 2020 Precinct Official Appointments Applicable Statutes and/or Rules N.C. Gen. Stat §163-41, Session Law 2020-17 Summary: This document will include nominations of Chief Judge and Judge for the 2020 General Election. Session Law 2020-17 made various changes to election laws in response to the coronavirus pandemic. Changes specific to precinct official appointments include only one precinct assistant and one judge are required to be a resident of the precinct. All other precinct officials must be registered voters from any precinct in the county. Document/s Included: Nominations to fill Judge vacancies (Provided at Board Meeting) Board Action Required: Discuss as necessary and action required Item # 4b Draft