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
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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
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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.
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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
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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
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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.
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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
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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
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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).
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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
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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.
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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.
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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