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Board Meeting Agenda Packet 04-11-2023 MEETING AGENDA Date: April 11, 2023 Time: 5:15 PM Location: Bd of Elections Office, Long Leaf Room Type: Regular Scheduled Attendees: Oliver Carter III, Chair Rae Hunter-Havens, Elections Director Derrick R. Miller, Secretary Caroline Dawkins, Elections Deputy Director Lyana G. Hunter, Member Noelle Powers, Elections Systems Specialist Bruce Kemp, Member Joan Geiszler-Ludlum, Admin. Elections Technician Visitor(s): Tufanna Bradley, Assistant County Manager; Kemp Burpeau, Deputy County Attorney AGENDA ITEMS 1. Meeting Opening a. Call to Order b. Preliminary Announcement i. Silence Phones ii. Recording & Streaming iii. Other c. Pledge of Allegiance d. Approval of Agenda e. Approval of Minutes (11/1/22, 2/14/23 and 3/13/23) 2. Public Comment and Question Period • 2-minute limit • 20-minute limit total 3. Director’s Report a. Financial Update b. List Maintenance 4. New Business a. Resolutions to Adopt Precinct Consolidations b. Chair Carter’s request for review and discussion of draft written lease agreement with NHC 5. Old Business • Chair Carter’s request for Review of Final Canvass Procedures for the 2022 General Election 6. General Discussion 7. Adjournment *Agenda packets are sent via email in advance of meetings. Regular Meeting New Hanover County Board of Elections April 11, 2023 Subject: Approval of Agenda Summary: N/A Board Action Required: Staff recommends approval Item # 1d Regular Meeting New Hanover County Board of Elections April 11, 2023 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 11/1/22, 2/14/23 and 3/13/23 meetings. Board Action Required: Staff recommends approval Item # 1d Item # 1e Board Minutes – 11/01/2022 Page | 1 SPECIAL ABSENTEE MEETING New Hanover County Board of Elections November 1, 2022 5:00 P.M. ATTENDANCE Members: Oliver Carter III, Chairman Derrick R. Miller, Secretary Russ C. Bryan, Member Lyana G. Hunter, Member [arrived 5:07 p.m.] Bruce Kemp, Member Staff: Rae Hunter-Havens, Executive Director Caroline Dawkins, Deputy Director Jenna Dahlgren, Elections Logistics Specialist Noelle Powers, Elections Systems Specialist Beth Pugh, Elections Specialist Joan Geiszler-Ludlum, Administrative Elections Technician Visitors: Lisa Wurtzbacher, Assistant County Manager; Kemp Burpeau, Deputy County Attorney Public Attendees: Lynn Dunn; Leslie Antos, Sheila Fellerath, League of Women Voters LCF; Julius Rothlein, Matthew Emborsky, NHC GOP; Chad Whitaker; A. Crouch; Susanne Werner, NHCDP Virtual Attendees: Loraine Buker; Thom Tracy; Sarah Vitt; Jessica O’Neill; Tyler Daye; Denise Brown; SS; Beth Pugh 1. MEETING OPENING a. Call to Order 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 Carter called the meeting to order at 5:01 p.m. Chair Carter, Secretary Miller, Members Bryan and Kemp were present. b. Preliminary Announcements Chair Carter reminded the audience to silence their cell phones and that the meeting is Board Minutes – 11/01/2022 Page | 2 being recorded and live streamed over the internet. Chair Carter reported on two tropical storms, neither of which pose any threat to New Hanover County. Chair Carter reviewed the schedule of upcoming Board meetings: • Monday, November 7 at 5:00 p.m., a special for review of absentee ballot applications; • Tuesday, November 8 at 2:00 p.m., a special meeting to count the ballots cast at the One Stop Early Voting sites and tabulating the scanned absentee ballots; • Tuesday, November 15 at 5:15 p.m., a regular meeting to conduct Board business; • Thursday, November 17 at 2:00 p.m., the pre-canvass meeting; and • Friday, November 18 at 11:00 a.m. to conduct the final canvass. c. Pledge of Allegiance Chair Carter called on the audience to rise and recite the Pledge of Allegiance. d. Approval of Agenda Member Kemp moved that the agenda be approved as submitted, second by Secretary Miller. Motion carried unanimously. 2. PUBLIC COMMENT AND QUESTION PERIOD Chair Carter called upon the public in-person attendees for their comments or questions, limited to two minutes each with a total maximum time of twenty minutes, extended because this is the last meeting before Election Day. He reminded anyone making a public comment to yield the floor to the Board members and Director. He acknowledged receiving emailed comments or questions from Matt Emborsky on behalf of the New Hanover County Republican Party. In response to a question from Mr. Emborsky, Director Hunter-Havens said that 7,053 absentee by mail ballots have been sent out with 2,839 ballots returned to date. She noted that these numbers exceed the number of absentee ballots in the 2016 General (Presidential) Election. In response to a question from Mr. Rothlein, Director Hunter-Havens said she is evaluating staff capacity to schedule an additional time for public review of the approved absentee ballot applications, noting that the current schedule of Board meetings may impede staff availability. Seeing and hearing no other public attendees wishing to comment, Chair Carter closed the Public Comment period. 4. STATUTORILY-REQUIRED BUSINESS a. Chair Carter’s Review of the Public Viewing of Opening and Closing Procedures Board Minutes – 11/01/2022 Page | 3 Chair Carter said he added this item due to the volume of emails over the previous week, asking questions about what is permitted and prohibited regarding public observation of the polling place opening and closing procedures before the polls open and after the polls close. The statute appears to allow public observation before the polls are open on Election Day. Past practice of this Board, including the current election, is to treat the first day of early voting as the opening and the last day as the closing of the polls, and allow public observation of the procedures only on those days. Observation includes viewing the zero tapes which are printed at the opening of the polls. Observation is not permitted each day of early voting, although there is difference of opinion as to what the statute requires. He called for discussion by the Board. Member Kemp said that State Board Numbered Memo 2022-14 narrowly defines “opening of the polls” as the time when the zero tape is printed. He contends that opening procedures are much broader than that task alone. He said, in his opinion, the Numbered Memo is flawed and in conflict with the regulation spelled out in the NC Administrative Code. Public observation of opening procedures improves transparency, boosts public confidence in elections security, and should be allowed every day of early voting. Not doing so implies there is something to hide. Chair Carter said, in his reading, the Numbered Memo appears to allow more public access than what the statutes and regulations allow, because they use terms that limit application to Election Day only, such as “polling place” or “polling site.” Member Bryan said the statutes and regulations may have been codified before early voting was authorized, which may explain the more limited language. He asked whether access to see the opening procedures has been allowed before this year. Director Hunter- Havens said such access has only been requested in the past two or three years. Chair Carter said, “opening of the polls” is subject to various interpretations, from when the polling place door is first unlocked to the required announcement that “the polls are now open.” Numbered Memo 2022-14, which was issued on the eve of the start of early voting, points to public access to three specific procedures: opening the voting system(s); examining the ballot for accuracy; and examining the counter to verify a zero balance of ballots cast. The Numbered Memo recognized that these three procedures do not need to be performed every day during early voting. In that context the staff have taken the correct steps. Similar access will be allowed to observe the one-stop closing procedures. Director Hunter-Havens said that the DS200s will only be powered down, not closed, at the end of one-stop. The results of one-stop voting will not be tabulated until Election Day, as the statute requires. She added that the public is permitted to check the daily count when the DS200s are powered on each day during one-stop, for comparison with the daily count from the previous day. She said she is trying to find the right balance between transparency and security. Some Board members said they were comfortable with the current process, given these explanations of the implementation of Numbered Memo 2022-14. Chair Carter noted that the paper records showing the machine counts each day will be available for review after Election Day. Board Minutes – 11/01/2022 Page | 4 b. Chief Judge and Judge Appointments Director Hunter-Havens reported that three judges have given notice that they are not available to serve in this election. Their respective parties were notified with no response from one party as of today. Chair Carter asked if the replacements are being appointed or administratively assigned under authority delegated to the Director by Resolution adopted on September 13, 2022. Director Hunter-Havens said she is administratively assigning these officials. Chair Carter said he wanted clarity around whether an official is appointed or administratively assigned for consideration when terms end next summer. Chair Carter moved to remove Dorothy Hodder as a precinct official due to failure to complete the required training, second by Secretary Miller. Member Kemp brought to the Board’s attention that NC Gen. Stat. 163-41(a) says the official must be appointed and qualified. He said that an appointee who did not complete the steps to qualify for the position was not successfully appointed and the position reverts to the previous appointee. Deputy Director Dawkins said that the previous appointee was removed and was replaced by a transfer who is not available to work. Member Hunter said it may be clearer to remove the appointee. In response, Chair Carter withdrew the previous motion and made a new motion either to deem the position to which Dorothy Hodder was appointed is open because she failed to qualify to serve, or, in the alternative, deem her removed for the same reason, second by Member Kemp. Hearing no further discussion, Chair Carter called the vote. Motion carried unanimously. Chair Carter moved to remove Ed Jolly as judge, explaining that while Mr. Jolly qualified to serve as a precinct official, he has been unable to serve, second by Secretary Miller. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. Member Kemp inquired about the lack of a Republican precinct official in W26. Deputy Director Dawkins said the appointed Republican judge did not respond. There were no other resident Republican officials available and no remaining Republicans on the back- up list. The current party affiliations are four Democrats and four unaffiliated officials. c. Review of Absentee Ballot Applications Chair Carter called on Director Hunter-Havens for her report. The Director said there are 779 Absentee Ballot Applications1 which meet all requirements, including civilian, military, and overseas absentee-by-mail ballots, and she recommends their approval. 1 When a voter chooses to submit an absentee ballot by mail or personal delivery, the voter places the completed ballot into a special envelope called a “Container Return Envelope”. On the outside of the Envelope is a pre-printed form called an “Absentee Ballot Application”. The voter is required to complete this Application and have it signed by two witnesses or have it notarized. In almost all cases, the Board must approve the Application before the Envelope is opened and the ballot remove. The terms “Absentee Ballot Application” and “Container-Return Envelope are often used interchangeably in casual conversation. In these minutes, “Envelope” will generally refer to the physical envelope, while “Application” will generally refer to the form printed on the outside of the Envelope. Board Minutes – 11/01/2022 Page | 5 Carter asked for a report on the two UOCAVA Applications with a Washington, DC postmark, that the Board reviewed and deferred from the previous meeting for additional investigation. The Director said that investigation shows that the two voters live in Mexico and use a domestic mail service to assure mail security. She recommends their approval as well. Secretary Miller moved approval of these 2 UOCAVA Applications, second by Member Kemp. Chair Carter asked to defer action on the motion while he checks information in the federal statute regarding the requirements for UOCAVA absentee voting. Action deferred by consent of the Board. Director Hunter-Havens presented 1 UOCAVA Application. The voter lives overseas but happened to be in the county when the voter completed the ballot, which was printed while out of the country, and mailed it locally to reduce the cost of postage. The voter has subsequently returned to their home overseas. On receiving the ballot, staff placed it in a UOCAVA in-take envelope and attached the Application. The ballot can be duplicated if the Board approves it. Chair Carter moved the approval of this UOCAVA ballot, second by Member Hunter. Hearing no further discussion, Chair Carter called the vote. Chair Carter, Secretary Miller, and Members Hunter and Bryan voted aye. Member Kemp abstained. Motion carried by majority vote. Director Hunter-Havens said that concludes consideration of the Container-Return Envelopes that were pending Board approval. She next presented 19 Container Return Envelopes that were slightly damaged when received, and 2 with date-stamp issues, meaning that the ballot was received by mail but was date-stamped accidentally to indicate receipt by in-person delivery. The question is whether, in the judgment of the Board, the envelope damage is sufficient to have allowed tampering with the ballot. After review, and hearing no discussion, Chair Carter moved the acceptance of the 19 Applications reviewed by the Board, second by Member Bryan. Motion carried unanimously. Director Hunter-Havens presented 8 Container-Return Envelopes which the US Postal Service processed and delivered without the sender having applied postage. The Board proceeded to review the Envelopes. Member Bryan noted one Envelope that appeared to have been sealed, reopened, and resealed, and asked that it be held pending contact with the voter for clarification. Chair Carter moved the acceptance of 7 Applications reviewed by the Board, second by Secretary Miller. Motion carried unanimously. Director Hunter-Havens presented 3 Container-Return Envelopes that were dropped off at a One Stop location. In two instances, due to error, the precinct official did not have the returner complete the required log sheet; in the third instance, the returner did not sign the log sheet, but it was verified by a precinct official. Guidance from the North Board Minutes – 11/01/2022 Page | 6 Carolina State Board of Elections (NCSBE) is that failure to comply with the logging requirement is not a sufficient basis alone to invalidate an absentee ballot. (NCSBE Numbered Memo 2020-23) After review by the Board, Chair Carter moved the acceptance of 1 Application with an unsigned log sheet because it appears that the voter returned their own ballot and just overlooked signing the log sheet, second by Member Kemp. Motion carried unanimously. Chair Carter said the next Application has an incomplete log sheet, showing only the date, time and name of voter, and called for a motion. Secretary Miller moved the acceptance of the ballot, second by Members Hunter and Bryan. Hearing no further discussion, Chair Carter called the vote. Secretary Miller, Members Bryan and Hunter voted aye; Chair Carter and Member Kemp voted no. Motion carried by majority vote. Chair Carter moved to hold acceptance of 1 Application until staff has verified with the voter who had returned their absentee ballot. In response to a question, he said he is willing to accept the voter’s reply by phone or email. Director Hunter-Havens presented 2 Applications that were returned by a person who listed their relationship to the voter as “partner” or “life partner” of the voter, as indicated on the return log. Guidance from the State Board is that the county Board shall not disapprove an absentee ballot solely because it was delivered by someone who is not an authorized returner, but may consider the delivery of the ballot in conjunction with other evidence in determining the ballot as valid. During review, Secretary Miller pointed out that the returner signed the section indicating the voter had requested the life partner return the ballot due to the voter’s disability. This option has been added since the 2020 election. Responding to Chair Carter’s question, the Director said Numbered Memo 2020-23 contains this guidance. Member Hunter said that requiring assistance in returning the ballot is a separate consideration from needing assistance in completing the ballot. Chair Carter read from 08 NCAC 18.0102: At the absentee meeting …, the county board of elections may consider the delivery of a ballot in accordance with this Rule in conjunction with other evidence in determining whether the container-return envelope has been properly executed according to the requirements in G. S. 163-231. Failure to comply with this Rule shall not constitute evidence sufficient in and of itself to establish that the voter did not lawfully vote his or her ballot. Chair Carter said he understood it to mean that, without other evidence, separate and apart from a defect on the brown slip, we cannot conclude that the voter did not lawfully vote the ballot. Member Bryan said he heard two things: all the required information must appear on the Board Minutes – 11/01/2022 Page | 7 brown form, and if it is not on the brown form, that does not necessarily mean that the ballot is invalid. Who returned the ballot is a separate issue. He said he is not hearing any mention of the disability issue. Secretary Miller said that the penalty for improperly returning the absentee ballot adheres to the returner, not the voter. If the ballot is disqualified, the voter is penalized. He said further that it is possible to refer to a spouse as a life partner. Secretary Miller moved acceptance of both ballots, second by Member Hunter. Chair Carter said he understands 08 NCAC 18.0102 to address the circumstance where the returner does not complete all the required information, but makes no reference to assisting with delivery in the a disability situation. Member Kemp said that SBE Numbered Memo 2022-11 implements the Court Order Regarding Assistance for Absentee Voters with Disabilities. Member Kemp said there is a place on the Container- Return Envelope for the voter to indicate a request for assistance in completing the ballot or in returning the ballot. Chair Carter moved to table Secretary Miller’s previous motion to approve the ballots, and request the staff to reach out to the two voter for any additional information that may be helpful to the Board’s decision, second by Member Bryan. Chair Carter called for any discussion of the motion to table. Member Kemp said he is concerned with when the Board might have the information to be able to vote if it is not available before the Board adjourns, and whether there will be time to notify the voters. Chair Carter asked the staff to attempt to contact the voters while the meeting continues. Hearing no further discussion, Chair Carter called the vote. Chair Carter, Secretary Miller, Members Bryan and Kemp voted aye; Member Hunter voted no. Motion carried by majority vote. Director Hunter-Havens presented 2 Applications that have discrepancies in the name of the voter. In one instance, there is a variation in the name of the voter; in the other instance, the witness started to write their name on the voter line, then wrote the voter’s name above it. After review, Chair Carter moved acceptance of both Applications, second by Member Kemp. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. Director Hunter-Havens presented 3 Container-Return Envelopes completed by members of the same family with stray marks or doodles on the envelopes. After review, Chair Carter moved acceptance of 3 Applications, second by Member Hunter. Hearing no discussion, Chair Carter called the vote. Chair Carter, Secretary Miller, Members Bryan and Hunter voted aye; Member Kemp did not vote, having been out of the room during the review of this Application. The Board reviewed the Container-Return Envelopes not yet acted on: 2 UOCAVA from the previous meeting to allow Chair Carter to review applicable federal regulations; 1 Container-Return Envelope reviewed during this meeting where the envelope was taped, Board Minutes – 11/01/2022 Page | 8 to allow staff to check with the voter; and 2 Applications where the returners listed themselves as life partner or partner on the log sheet. Director Hunter-Havens presented 1 Container-Return Envelope where the disabled voter was unable to sign the Application. The voter received assistance pursuant to Numbered Memo 2022-11 which was issued pursuant to court order. The assistant properly completed their section of the Container-Return Envelope. The Director said she is presenting this Application to the Board because the voter did not sign it. After review, Member Kemp moved approval of the Application, second by Chair Carter. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. Director Hunter-Havens presented 22 UOCAVA ballots which were received and duplicated following Board policy. The Board agreed to review the ballots in two teams, each team to review half. After review, Chair Carter moved approval of the 22 UOCAVA ballots, second by Secretary Miller. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. Chair Carter turned the Board’s attention to the 2 UOCAVA ballots that were tabled from the previous meeting. He has reviewed the federal regulation on UOCAVA voting which provides that a voter who resides outside the United States may vote a UOCAVA ballot, without regard to whether the voter might be in the United States on Election Day. Chair Carter moved approval of the two UOCAVA ballots, second by Member Hunter. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. Chair Carter moved reviewing the 20 percent of the 757 Applications/Container-Review Envelopes, which is 152 in two teams, each team to review half or 76, second by Secretary Miller. In response to a question from Member Hunter, Chair Carter said the sample may include some already reviewed with special circumstances and approved by the Board. Hearing no further discussion, Chair Carter called the vote. Chair Carter, Secretary Miller, Members Bryan and Hunter voted aye; Member Kemp voted no. Motion carried by majority vote. The Board selected precincts W33 (28), W29 (20), W15 (11), H11 (33), H06 (26), W03 (3), W17 (11), M04 (25), and H04 (20) for review. Review began at 7:24 p.m. and concluded at 7:51 p.m. Member Hunter left the meeting upon conclusion of the review. Director Hunter-Havens reported that the water is turned off in the building to repair a leak, leaving the building without access to rest rooms or running water, with completion of repairs expected by 8:00 a.m. the following morning. The Board decided to continue working. Director Hunter-Havens reported that Elections Specialist Beth Pugh spoke with the two people who returned absentee ballots and completed the log sheet as partner of the voters. The individuals said they were helping the voters, were not legally married, and the voters did not have a disability that prevented them from returning their ballots. Board Minutes – 11/01/2022 Page | 9 Director Hunter-Havens reported that Elections Specialist Pugh also spoke with the voter whose Container-Return Envelope was returned sealed with tape. The voter reported receiving the ballot packet with the return envelope sealed. The voter opened the envelope, preventing resealing the envelope, and taped resealed the envelope closure after inserting the voted ballot. Chair Carter moved acceptance of the Application, second by Member Kemp. Motion carried unanimously. Chair Carter returned to the 2 Container-Return Envelopes returned by “partners” of the voters. Member Kemp moved disapproval of the 2 ballots as not curable defects, second by Member Bryan. Following discussion, Member Kemp suggested tabling his motion to allow him time to review the relevant statutes. Chair Carter said he would treat that suggestion as a motion to table, second by Secretary Miller. Motion carried unanimously. Member Kemp cited NC Gen. Stat. §163-231(b)(2) for the requirement of return of the ballot in person by the voter, the voter’s near relative, or verifiable legal guardian. He said Numbered Memo 2022-11 does not cite the correct statute. Chair Carter moved to take the item off the table, second by Member Kemp. Chair Carter, Members Bryan and Kemp voted aye; Secretary Miller voted no. Motion to remove from the table carried by majority vote. The Board discussed various views of the meaning and application of the statute and Numbered Memo. In reply to a question, Director Hunter-Havens said the Board has the option to spoil and reissue the absentee ballot. Member Kemp moved disapproval of the 2 Applications, second by Member Bryan. Hearing no further discussion, Chair Carter called the vote. Members Bryan and Kemp voted aye; Chair Carter and Secretary Miller voted no. Motion failed for lack of a majority. Chair Carter moved approval of the 2 Applications, second by Secretary Miller. Chair Carter and Secretary Miller voted aye; Members Bryan and Kemp voted no. Motion failed for lack of a majority. Chair Carter said he would reconsider his vote and invited Member Kemp to make his motion again. Member Kemp moved disapproval of the 2 Applications, second by Chair Carter. Hearing no discussion, Chair Carter called the vote. Chair Carter, Members Bryan and Kemp voted aye; Secretary Miller voted no. Motion carried by majority vote. Director Hunter-Havens presented 21,515 valid Applications submitted at the five One Stop sites from October 25 through October 31. Chair Carter moved approval of 21,515 One Stop Applications, second by Secretary Miller. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. Chair Carter moved authorization of the staff to take the preparatory steps to open the approved Container-Return Envelopes, remove the ballots, and scan the ballots, second Board Minutes – 11/01/2022 Page | 10 by Secretary Miller. Motion carried unanimously. Scanning began at 8:19 p.m. and concluded at 9:31 p.m. Chair Carter announced that scanning of the absentee-by-mail ballots was completed and returned to the agenda. 7. GENERAL DISCUSSION Chair Carter called for any items for general discussion among the Board members. Chair Carter proposed to add a meeting in lieu of the Board’s regular meeting for November. He noted that Director Hunter-Havens expressed reservations about an additional Board meeting during the canvass period, given the tasks necessary to complete the canvass by November 18. He suggested that the Board discuss now, but wait until the November 7 meeting to make any motions about adding a meeting. After discussion, the Board deferred further consideration until the next meeting on November 7. ADJOURNMENT Chair Carter moved that the meeting be adjourned at 9:59 p.m., second by Member Kemp. Motion carried unanimously. The next Board meeting is scheduled to be held on Monday, November 7, 2023, at 5:00 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 SECRETARY ELECTIONS DIRECTOR Board Meeting 02/14/2023 Page | 1 REGULAR MEETING New Hanover County Board of Elections February 14, 2023 5:15 P.M. ATTENDANCE Members: Oliver Carter III, Chairman Derrick R. Miller, Secretary Russ C. Bryan, Member Lyana G. Hunter, Member [arrived 5:25 p.m.] Bruce Kemp, Member Staff: Rae Hunter-Havens, Executive Director Caroline Dawkins, Deputy Director Jenna Dahlgren, Elections Logistics Specialist Noelle Powers, Elections Systems Administrator Joan Geiszler-Ludlum, Administrative Elections Technician Visitors: Lisa Wurtzbacher, Assistant County Manager Public Attendees: Sheila Fellerath, League of Women Voters LCF; Susanne Werner, NHCDP; Julius Rothlein, NHC GOP Virtual Attendees: None 1. MEETING OPENING a. Call to Order 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 Carter called the meeting to order at 5:16 p.m. b. Preliminary Announcements Chair Carter reminded the audience to silence their cell phones and that the meeting is being recorded and live streamed on the internet. c. Pledge of Allegiance Chair Carter invited all in attendance to rise and recite the Pledge of Allegiance. Board Meeting 02/14/2023 Page | 2 d. Approval of Agenda Member Kemp moved that the agenda be approved as submitted, second by Secretary Miller. Motion carried unanimously. e. Approval of Minutes Member Kemp moved that the minutes of the 11/17-18/2022, 11/18/2022, and 01/10/2023 be approved as submitted, second by Member Bryan. Motion carried unanimously. 2. PUBLIC COMMENT AND QUESTION PERIOD Chair Carter called upon the public in-person attendees for their comments or questions, limited to two minutes each. Chair Carter acknowledged written comments received from Julius Rothlein on behalf of the New Hanover County Republican Party. Chair Carter said the comments are a list of 19 questions, mostly asking about technical aspects of the voting equipment, and a follow up on a public records request submitted recently for a list of voters removed by list maintenance. Chair Carter called on Director Hunter-Havens to address the voting equipment questions. Director Hunter-Havens said she would coordinate response with the State Board of Elections (SBE), noting the questions concern vendors and technicians who service the equipment, in addition to features of the equipment itself. Mr. Rothlein had no further comment on the matters addressed in his written comments, and had no other comments to present. Chair Carter addressed Mr. Rothlein’s request, made at the previous meeting, for an update on voter challenges he had submitted on behalf of Ms. Wilkins. Chair Carter apologized to Mr. Rothlein for the tone of his reply, having confused that submission with other recent submissions, which were properly submitted voter challenges, with the October challenges, which were not properly submitted,8 to challenge voter registrations based on change of residence. As Chair Carter explained to Mr. Rothlein, such a challenge is prohibited under a federal court ruling applying the National Voting Rights Act (NVRA) which was handed down four years ago. The recently submitted Wilkins challenges cannot be reviewed for that reason. Mr. Rothlein pointed out that the challenge form has several boxes that allow a challenge based on residence and, in his opinion, the court’s ruling is overly broad. Chair Carter thanked Mr. Rothlein for his comments. In response to a question from Member Kemp, Chair Carter said the SBE issued a Numbered Memo in 2018 giving guidance on the implementation of the court’s order. Seeing and hearing no other public attendees wishing to comment, Chair Carter closed the Public Comment period. Board Meeting 02/14/2023 Page | 3 2. DIRECTOR’S REPORT Chair Carter called on Director Hunter-Havens for her report. a. Financial Update Director Hunter-Havens reviewed the year-to-date budget report through January 31, 2023, which showed little change from the previous month. The bulk of expenditures have already been incurred in conjunction with the 2022 General Election with ordinary staffing and office costs to expend through the remainder of the current fiscal year ending June 30. Member Bryan asked where the cost of the planned new Board of Elections building is budgeted. Director Hunter-Havens said the new building is budgeted in the County Capital Improvement Plan. The building will consist of a total of 7,500 square feet and includes a lobby, conference room, offices, workstations, hoteling space, a break room, a mail-in ballot room, open and secured storage, and a large one-stop voting space. In addition, the exterior will include a large canopy to provide protection from the elements for the curbside voting process. b. List Maintenance Director Hunter-Havens reported that, per data provided from the Statewide Elections Information Management System (SEIMS), the New Hanover County Board of Elections completed the following: • Removed 8,418 voters from the voter registration rolls in January 2023, consistent with NC Gen. Stat. §163-82.14. • Processed 816 new registration forms, 381 registration forms without changes, and 599 registration updates in January 2023. The Director reported that, in addition to routine list maintenance activity, this report reflects completion of Biennial List Maintenance and Remove Inactive Voter tasks. Biennial List Maintenance requires county boards of election to send a mailing to each Active registered voter with whom the Board has had no contact for two consecutive statewide general elections, since the 2020 General Election. This office sent 7,270 voter registration confirmation cards to voters on the list provided by the State Board of Elections (SBE). If the voter does not respond to the address confirmation mailing within 30 days or make other contact with the board of elections, the voter’s status will be changed to Inactive. Once a voter becomes Inactive, the voter is able to vote and will update or confirm their record at that time and return to Active status. If the voter continues Inactive for two more General Elections, after the second General Election the voter’s registration will be Removed. In the second phase of Biennial List Maintenance, the Inactive voters who have remained Inactive for four General Election cycles, since the 2020 General Election, were Removed, affecting a total of 7,840 Inactive voters in New Hanover County. Board Meeting 02/14/2023 Page | 4 3. NEW BUSINESS a. Approval of FY 23-24 Requested Budget Director Hunter-Havens gave an overview of the proposed FY 23-24 Requested Budget. On the revenue side, compensation from the municipalities for the 2023 Municipal Election is increased, reflecting the opening of three One Stop sites for the municipal elections instead of one, totaling $207,944 in the Charges for Services line item. On the expenditure side, the proposed budget reflects the additional two staff positions added in FY 22-23 and increases in Election Official pay. Salaries as proposed total $1,227,988 and Operating costs total $705,166, for a net total proposed operating budget of $1,725,210. Director Hunter-Havens said she would let the Board know if the budget is changed before it is submitted to the County Commissioners. Assistant County Manager Lisa Wurtzbacher said the budget will be submitted to the Commissioners in May for final action in June. Member Hunter moved to approve the proposed budget, second by Secretary Miller. Member Bryan added that he would extend the motion to endorse the requested budget and any further revisions that the Director finds necessary. Director Hunter-Havens said she is still waiting for a few final numbers to plug into the request. Chair Carter said the Board has delegated the administration and management of the budget to the Director, so further adjustments made by the Director would be authorized. Chair Carter moved to amend the proposed budget to add a staff position, second by Member Kemp. Chair Carter called for discussion. Member Hunter asked what additional position is suggested. Chair Carter said he would like to see a position to address the backlog of Board minutes and alleviate staffing constraints on responding to Board information requests. He acknowledged that the Director has already indicated that she does not foresee the need for an additional position in the coming year. Director Hunter-Havens said she has built in additional capacity through the temporary staffing to address periodic needs but does not feel she can justify another full-time position. The backlog of minutes is a new phenomenon due to the length of meetings and the amount of discussion. Chair Carter said he was persuaded by the Director’s explanation and withdrew the motion. Chair Carter moved that the Board go into closed session to discuss a personnel matter, second by Member Hunter. Hearing no discussion, Chair Carter called for the vote. Motion carried unanimously. Chair Carter excused the audience and requested that Board Meeting 02/14/2023 Page | 5 Assistant County Manager Wurtzbacher, Deputy County Attorney Burpeau, and Ms. Geiszler-Ludlum remain in the closed session which began at 5:58 p.m. Chair Carter reconvened the meeting in open session at 6:16 p.m. Chair Carter said the Board discussed seeking additional compensation for the positions of Director and Deputy Director in this budget request. He moved to send a letter on behalf of the Board to the County Commissioners, requesting that the Commissioners include a 10 percent raise for the Elections Director and Deputy Director effective July 1, 2023 in the 2023-24 budget, and leaving inclusion of the increase in the proposed budget to the Director’s discretion, second by Member Hunter. Hearing no discussion, Chair Carter called for the vote on the motion. Motion carried unanimously. Chair Carter asked when the last time was that Board members’ pay was increased. Director Hunter-Havens said she last reviewed Board members’ pay in similar counties in 2019. That survey found that Board compensation at that time was comparable to or higher than what was being paid in comparable counties. Secretary Miller suggested a new survey of Board pay in comparable counties be undertaken. Chair Carter said he would like to consider Board compensation again at the end of this Board’s term, when a decision, with Board turn-over anticipated, would appear less self-serving. Chair Carter returned to the motion on the floor, to approve the proposed budget. Hearing no further discussion, he called for the vote. Motion carried unanimously. b. Precinct Consolidation Review Chair Carter called on Director Hunter-Havens for her report. The Director reviewed the Board’s statutory authority to consolidate precincts, subject to the approval of the Executive Director of the State Board of Elections; the SBE’s standards for requesting precinct consolidation; and the steps to be completed in preparation for submitting a request for approval of precinct consolidation to the Executive Director. The Director reviewed the proposal to consolidate precincts W13 with W24 to form a new precinct W34, and precincts W28 with W32 to form a new precinct W35. The basis for these consolidations is the smaller voter registration pool and consistently low Election Day voter turnout in these precincts. Consolidation into larger adjacent precincts sharing the same jurisdictional boundaries, similar voter demographics, and turnout statistics will reduce operational costs without diminishing capacity to conduct safe and secure elections and to provide a high level of customer service to the voters of these precincts. The Director added that these consolidations have an added benefit of improving the ability to staff the consolidated precincts by drawing on a larger pool of residents to work in the precincts on Election Day and reducing the depletion of the back- up pool of officials. She is recommending consolidation of W13 with W24 because the two precincts share a younger demographic who would be familiar with the proposed polling place on the UNCW campus. Similarly, she is recommending consolidating W28 with W32 because the demographics skew older, would be less familiar with the campus, Board Meeting 02/14/2023 Page | 6 with the proposed polling place continuing at Wesley Memorial UMC Activity Building, which is visible and easy to locate just off S. College Road on Pine Grove Drive. The Director requested the Board review and discuss the proposals, and advise if they wish her to develop the plan further for action at the next meeting for submission to the SBE. After discussion, Chair Carter moved to authorize the Director to proceed to develop the plan as proposed, second by Secretary Miller. Hearing no further discussion, Chair Carter called for the vote. Motion carried unanimously. c. Chair Carter’s Request to Discuss Cancelling the Regular Meeting on March 14, 2023 Chair Carter moved to cancel the regular meeting scheduled for March 14, second by Member Hunter. Chair Carter said he considered the number of extra meetings required during the 2022 General Election, and the lack of an statutorily-required business for that meeting, in making this motion. Hearing no discussion, Chair Carter called for the vote. Motion carried unanimously. 4. OLD BUSINESS a. Chair Carter’s Request to Discuss a Resolution Regarding Board Members’ Access to Secure Areas Chair Carter presented proposed amendments to the Resolution Regarding Board Members’ Access to Secure Areas, adopted at the January 10, 2023 meeting, based on suggestions from the Board’s discussion during that meeting for Board review and action. Chair Carter acknowledged that the Board may need additional time to review the proposed changes and would understand if the Board prefers to defer action until the April regular meeting. After summarizing the changes, Chair Carter moved adoption of the Resolution as amended, second by Member Hunter. Chair Carter called for discussion. Member Bryan said he has concerns about involving law enforcement in its enforcement and would prefer to include an appeal to the Board before law enforcement gets involved. He also said he would like to see full use of the available technology to balance in favor of transparency. Director Hunter-Havens reviewed for the Board the discussions with the County about the new space and leveraging technology to allow Board supervision of the canvass as Numbered Memo 2018-05 requires. Following discussion, Chair Carter moved to table the amended Resolution for further revision with Member Bryan’s suggestions and any other suggestions for changes from the Board members, until the regular meeting scheduled in April, second by Secretary Miller. Hearing no further discussion, Chair Carter called for the vote. Motion carried unanimously. b. Chair Carter’s Request to Conduct Review of the Final Canvass Procedures for the 2022 General Election Board Meeting 02/14/2023 Page | 7 Chair Carter said he wanted to further review the final canvass for the 2022 General Election, picking up where discussion left off from the last meeting. He said he remains curious about Member Kemp’s vote against the final canvass. Chair Carter said he presented a spreadsheet of the weekly absentee certifications at the previous meeting, and asked Member Kemp whether that format is responsive to his request for a reconciliation of the absentee-by-mail ballots. Member Kemp said it provides some degree of assurance as a canvass report that shows all absentee-by-mail ballots are included in the reported results. He said he is looking for a report of the weekly reconciled absentee-by- mail contest results. Director Hunter-Havens said that tabulation is prohibited. The DS850 lacks that functionality for security reasons and is the equipment certified by the State Board for county board use. Chair Carter asked Member Kemp whether an updated version of Numbered Memo 2018-05, that reflects what reports are possible and permissible with the tabulating equipment now certified for use, would allow him to approve the canvass in future elections. Member Kemp said, without a report on the contest results from absentee-by- mail ballots, he feels the board is lacking the detailed report necessary to certify the election results for that voting method. The other voting methods produce reports that provide baseline data for comparison in case a recount is required. Member Kemp said there should be a weekly results USB that would show the same contest data as is available for the other voting methods. Chair Carter thanked Member Kemp for clarifying his concerns. 7. GENERAL DISCUSSION Chair Carter called for any General Discussion from the Board. Member Bryan announced that he will not seek re-appointment to the Board of Elections for the next term, and wanted to thank the Board members, Director Hunter-Havens and the staff for their professionalism and experience. He said how much he has enjoyed his service on the Board. He expects to attend the April meeting which may be his final meeting. Chair Carter said he is sorry to see Member Bryan leave the Board. It has been a pleasure serving with him. Chair Carter asked whether, with the new website, it would be possible to add a public folder for Board Resolutions. Director Hunter-Havens said the Resolutions can be attached to the meeting minutes, or stored as stand-alone documents. Chair Carter said he would give more thought to the options. Member Kemp asked whether election officials who applied, but did not timely complete the on-boarding process, will be automatically considered without reapplying. Deputy Director Dawkins said they are not required to reapply but would need to reach out to her to let her know they are still interested in working. Ms. Dawkins said she no longer has access to all previous applications because the recently revised website now uses a different platform for the application than those previous applications. Staff will follow up with County Human Resources to identify incomplete on-boarding to reach out to Board Meeting 02/14/2023 Page | 8 those applicants, and send an email to the party chairs to push out the information to previous applicants who did not complete the on-boarding process. Member Kemp asked about precincts which have polling places outside of the precinct boundaries. Director Hunter-Havens said that staff is in the process of establishing new usage agreements and currently there are no such issues with the location of polling places for the next term. ADJOURNMENT Chair Carter moved that the meeting be adjourned at 7:37 p.m., second by Member Bryan. Motion carried unanimously. The next Board meeting is scheduled to be held on Tuesday, April 11, 2023, at 5:15 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 SECRETARY ELECTIONS DIRECTOR Board Meeting 03/13/2023 Page | 1 EMERGENCY MEETING New Hanover County Board of Elections March 13, 2023 5:30 P.M. ATTENDANCE Members: Oliver Carter III, Chairman Derrick R. Miller, Secretary Lyana G. Hunter, Member (attended virtually) Bruce Kemp, Member Staff: Rae Hunter-Havens, Elections Director Caroline Dawkins, Elections Deputy Director Joan Geiszler-Ludlum, Administrative Elections Technician Visitors: Lisa Wurtzbacher, Assistant County Manager Public Attendees: Patricia Kolecki, New Hanover County Concerned Citizens; Matthew Emborsky, New Hanover County GOP; Tracy Bannon; Richard Poole, New Hanover County Democratic Party; Chad Whitaker; Diane Zaryki; unidentified woman Virtual Attendees: Lyana Hunter, Board Member 1. MEETING OPENING a. Call to Order The New Hanover County Board of Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington, NC. All members were present, with Member Hunter joining the meeting virtually. Chair Carter called the emergency meeting to order at 5:30 p.m. b. Preliminary Announcements Chair Carter reminded the audience to silence their phones and asked all to verify that their phones are silenced, and that this meeting is being recorded but not live streamed. Chair Carter said that Member Hunter has joined the meeting virtually and that Member Bryan has recently resigned from the Board. c. Pledge of Allegiance Board Meeting 03/13/2023 Page | 2 Chair Carter called for all present to rise and recite the Pledge of Allegiance. d. Agenda Chair Carter called for a motion to adopt the agenda as submitted. Member Kemp moved adoption, second by Secretary Miller. Chair Carter called for any discussion. Secretary Miller asked Chair Carter if he intends to call for a Closed Session later in the meeting. Chair Carter said he did so intend. Hearing no further discussion, Chair Carter called for the vote to adopt the agenda. Motion carried unanimously. 2. NEW BUSINESS Chair Carter’s Request to Consider Revisions to the Board’s Existing Resolution Regarding Access to Confidential Data and Secure Areas Chair Carter said the next item of business is his request that the Board consider revisions to the board's existing resolution regarding access to confidential data and secure areas, and proceeded to give some background information on this request. He said the Board of Elections at its January meeting adopted a policy regarding board member access to confidential data and secure areas. At its February regular meeting, the Board considered possible revisions to that resolution. He called this meeting to consider revisions to the Board’s policy regarding access to secure areas. The security of the board's electronic equipment and its paper and electronic data is of paramount importance. Chair Carter said, in the interest of transparency, we want to disclose a minor security breach that occurred last week. Two individuals who are not employed by the Board of Elections entered the Board's secure office space without authorization. The individuals were county employees on legitimate county business. They had no intent to access confidential information and they did not realize that they were not allowed to be in the secure area. Relying on their training, the Board of Elections staff maintained visual contact with the individuals the entire time they were in the secure area. While the individuals were present, Board staff took quick steps to more fully secure confidential information and sensitive equipment. As soon as the individuals left, the staff confirmed that all equipment and records were accounted for. The Board of Elections values its relationship with the New Hanover County government. We understand that during this time of transition in office space that we are sharing a building with the Northeast Library, including a county multipurpose room. We know that our security protocols are far more stringent than those of most county departments. We believe this incident was a simple misunderstanding that has resulted in a learning opportunity for everyone involved. Whether you are a Democrat, a Republican, or are unaffiliated with any political party, You should know that security is the North Star of the Board of Elections. Your vote, Board Meeting 03/13/2023 Page | 3 your confidential data, and your voting equipment are always secure. With that being said, Chair Carter moved that the Board of Elections enter closed session pursuant to NC Gen. Stat. §143-318.11(a) (5) for the purpose of establishing or instructing our staff in negotiating the price and other material terms of a lease, second by Secretary Miller. Hearing no discussion, Chair Carter called for the vote. Motion carried unanimously. Chair Carter excused the public attendees, telling them they are welcome to wait in the front lobby, although he could not say how long the closed session might last. Chair Carter asked that the Director, Deputy Director, Administrative Technician, and Assistant County Manager to remain in the meeting with the Board. CLOSED SESSION The Board entered closed session at 5:38 p.m. The Board resumed the meeting in open session at 6:35 p.m. Chair Carter said the purpose of the closed session was to direct the staff in discussion of lease terms for the space housing the Board of Elections office. He said the current space is county-owned. The Board had a productive conversation around pursuing a written lease for the current space and how to go forward during this time of transition. Chair Carter said there will be no time for the public comment session or general discussion. Chair Carter moved to cancel the announced emergency meeting scheduled for Tuesday, March 14, 2023 at 8:30 a.m., saying it now appears the second emergency meeting will not be needed, second by Member Kemp. Motion carried unanimously. Chair Carter distributed copies of his proposed revisions to the previously adopted Resolution Regarding Access to Confidential Data and Secure Areas. After reviewing the proposed revisions, Chair Carter said the Board would take the Resolution under advisement and take it up at the April regular meeting. He said the resolution ties into the security of the space and the lease agreement. ADJOURNMENT The business of the meeting being concluded, Chair Carter moved that the meeting be adjourned, second by Secretary Miller. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. The meeting adjourned at 6:41 p.m. APPROVED BY: RESPECTFULLY SUBMITTED BY: _____________________________ _______________________________ DERRICK R. MILLER RAE HUNTER-HAVENS SECRETARY ELECTIONS DIRECTOR Regular Meeting New Hanover County Board of Elections April 11, 2023 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 with a twenty-minute limit total for all public comments. Board Action Required: Discuss as necessary Item # 1d Item # 2 Regular Meeting New Hanover County Board of Elections April 11, 2023 Subject: Director’s Report Summary: a.Financial Update The attached reports provide the Board with a budget update, including the following: •Salaries and Benefits expended through FY22-23 9th Period (March) •Operating Expenses expended through FY22-23 9th Period (March) •Grand Total expended through FY22-23 9th Period (March) b.List Maintenance Update Per data provided from the Statewide Elections Information Management System (SEIMS), the New Hanover County Board of Elections completed the following: •Removed 1,846 voters from the voter registration rolls from February 1 through March 31, 2023, consistent with NC Gen. Stat. §163-82.14. •Processed 1,776 new registration forms, 996 duplicate registration forms, and 1,538 registration updates from February 1 through March 31, 2023. As part of National Change of Address program, county boards of elections are required to mail special postcards to Active voters with change of address orders on file with the United States Postal Service. In New Hanover County, we mailed out 2,852 NCOA postcards to voters who are registered to vote in this county but had a recent change of address on file with the USPS. The mailing is sent to the voter’s NCOA address on file with the USPS and the voter is asked to confirm their residential address within 30 days. If the voter does not respond within the required time frame, county boards are required to mail the voter a traditional confirmation notice to their existing residential address in SEIMS. If the voter does not respond to the second mailing within 30 days, their registration status will be changed to Inactive. The purpose of the National Change of Address program is to provide voters with an opportunity to update their names or addresses within the county or to notify our office of an unreported move outside of the county. If a voter is deceased, a near relative may use the NCOA card to report the death to the county board of elections so the deceased voter’s registration can be cancelled. Item # 2 Item # 3 Document/s Included: Financial Year-To-Date Budget Report 9th Period (March); NVRA Report from February 1 through March 31, 2023; NVRA Visualizations Report; NVRA Report Definitions Board Action Required: Discuss as necessary NEW HANOVER COUNTY - LIVE YEAR-TO-DATE BUDGET REPORT Report generated: 04/03/2023 14:09User: rhavensProgram ID: glytdbud Page 1 FOR 2023 09 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 460,334 0 460,334 364,242.63 .00 96,091.37 79.1% 11016100 611500 CASUAL PART TIM 341,867 0 341,867 262,460.75 .00 79,406.25 76.8% 11016100 611600 OVERTIME PAY (O 8,227 0 8,227 8,381.59 .00 -154.59 101.9% 11016100 621000 SOCIAL SECURITY 34,809 0 34,809 33,049.91 .00 1,759.09 94.9% 11016100 622000 RETIREMENT-LOCA 55,884 0 55,884 44,149.12 .00 11,734.88 79.0% 11016100 623500 GENERAL 401-K M 11,509 0 11,509 9,091.89 .00 2,417.11 79.0% 11016100 625000 MEDICAL INSURAN 76,216 0 76,216 51,123.00 .00 25,093.00 67.1% 11016100 626000 LONG TERM DISAB 1,243 0 1,243 601.71 .00 641.29 48.4% TOTAL SALARIES & BENEFITS 990,089 0 990,089 773,100.60 .00 216,988.40 78.1% 70 OPERATING EXPENSES 11016100 700000 CONTR SERVS 191,057 0 191,057 215,818.29 8,724.27 -33,485.56 117.5% 11016100 700330 RENT 1,750 0 1,750 125.00 .00 1,625.00 7.1% 11016100 700350 ADVERTISING COS 2,025 0 2,025 1,392.60 .00 632.40 68.8% 11016100 700365 CELLULAR EXPENS 0 0 0 10,194.77 .00 -10,194.77 100.0% 11016100 700370 POSTAGE EXPENSE 38,980 0 38,980 28,715.46 .00 10,264.54 73.7% 11016100 700430 M&R-EQUIPMENT 50,855 0 50,855 53,397.75 .00 -2,542.75 105.0% 11016100 700500 PRINTING 54,795 0 54,795 59,656.44 .00 -4,861.44 108.9% 11016100 700512 PRINTER-COPIER 7,000 0 7,000 8,127.81 .00 -1,127.81 116.1% 11016100 700520 SUPPLIES 84,495 0 84,495 31,945.16 .00 52,549.84 37.8% 11016100 700700 DUES & SUBSCRIP 470 0 470 129.99 .00 340.01 27.7% 11016100 700825 EMPLOYEE REIMBU 250 0 250 1,414.17 .00 -1,164.17 565.7% 11016100 700905 TRAINING & TRAV 6,500 0 6,500 1,501.11 .00 4,998.89 23.1% 11016100 701050 INSURANCE&BONDS 66,326 -41,890 24,436 23,018.13 .00 1,417.87 94.2% TOTAL OPERATING EXPENSES 504,503 -41,890 462,613 435,436.68 8,724.27 18,452.05 96.0% TOTAL BOARD OF ELECTIONS 1,494,592 -41,890 1,452,702 1,208,537.28 8,724.27 235,440.45 83.8% TOTAL GENERAL FUND 1,494,592 -41,890 1,452,702 1,208,537.28 8,724.27 235,440.45 83.8% TOTAL EXPENSES 1,494,592 -41,890 1,452,702 1,208,537.28 8,724.27 235,440.45 NEW HANOVER COUNTY - LIVE YEAR-TO-DATE BUDGET REPORT Report generated: 04/03/2023 14:09User: rhavensProgram ID: glytdbud Page 2 FOR 2023 09 ORIGINAL TRANFRS/ REVISED AVAILABLE PCT APPROP ADJSTMTS BUDGET YTD EXPENDED ENCUMBRANCES BUDGET USED GRAND TOTAL 1,494,592 -41,890 1,452,702 1,208,537.28 8,724.27 235,440.45 83.8% ** END OF REPORT - Generated by RAE HUNTER-HAVENS ** NEW HANOVER COUNTY BOARD OF ELECTIONS NVRA REPORT Reporting Period:-2/1/2023 3/31/2023 Totals Active 149,821 Inactive 24,786 Total Registration 174,607 REPORTING PERIOD Registrations Approved 1,846 Total Registrations Removed 1,022 Inactive Registrations Removed 169 New Registrations 00 - No Application Source 6 01 - Public Assistance 19 02 - Disability 4 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 1,615 06 - Mail-in 28 07 - In-person 13 08 - Library & High School 2 09 - Spanish Language Application 0 10 - Online Registration 39 17 - Registration Drives 44 21 - Medicaid Renewal 5 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 1 1,776 Duplicates 00 - No Application Source 3 01 - Public Assistance 14 02 - Disability 0 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 481 06 - Mail-in 60 07 - In-person 1 08 - Library & High School 2 09 - Spanish Language Application 0 10 - Online Registration 18 17 - Registration Drives 10 21 - Medicaid Renewal 3 95 - Voter Return of NCOA 256 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 3 98 - Voter Change On Confirmation 92 vtr_nvra_stat.rpt Page 1 of 5Apr 06, 2023 4:47 pm NVRA REPORTNEW HANOVER COUNTY BOARD OF ELECTIONS 99 - Voter Change On Verification 53 996 vtr_nvra_stat.rpt Page 2 of 5Apr 06, 2023 4:47 pm NVRA REPORTNEW HANOVER COUNTY BOARD OF ELECTIONS Changes of Information 00 - No Application Source 14 01 - Public Assistance 26 02 - Disability 0 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 1,052 06 - Mail-in 72 07 - In-person 28 08 - Library & High School 0 09 - Spanish Language Application 0 10 - Online Registration 94 17 - Registration Drives 17 21 - Medicaid Renewal 4 95 - Voter Return of NCOA 193 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 0 98 - Voter Change On Confirmation 9 99 - Voter Change On Verification 29 1,538 Verifications # of 1st & 2nd verification mailings sent 3,393 # of 1st NCOA mailings sent 2,852 # of 1st verification returned undeliverable 204 # of verification returned by voter 81 Confirmations # of confirmations returned by voter 91 # of confirmations sent 464 # of confirmations returned undeliverable 744 # of confirmations not returned at all 6,003 COUNTY STATISTICAL Constitution 0 Democratic 50,086 Green 27 Libertarian 1,467 Republican 52,826 Unaffiliated 70,201 American Indian 380 Asian 1,350 Black 18,768 Multi-Racial 831 Native Hawaiian or Pacific Islander 12 White 134,031 Other 3,806 Undesignated 15,429 Hispanic 3,774 Not Hispanic 115,375 Undesignated 55,458 vtr_nvra_stat.rpt Page 3 of 5Apr 06, 2023 4:47 pm NVRA REPORTNEW HANOVER COUNTY BOARD OF ELECTIONS Female 85,243 Male 72,427 Undesignated 16,937 Unprocessed Registrations - Incomplete Queue 00 - No Application Source 6 01 - Public Assistance 10 02 - Disability 1 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 203 06 - Mail-in 38 07 - In-person 0 08 - Library & High School 0 09 - Spanish Language Application 1 10 - Online Registration 2 17 - Registration Drives 7 21 - Medicaid Renewal 0 95 - Voter Return of NCOA 86 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 0 98 - Voter Change On Confirmation 19 99 - Voter Change On Verification 2 Unprocessed Registrations - Archive Queue 00 - No Application Source 0 01 - Public Assistance 0 02 - Disability 0 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 2 06 - Mail-in 8 07 - In-person 0 08 - Library & High School 0 09 - Spanish Language Application 0 10 - Online Registration 0 17 - Registration Drives 0 21 - Medicaid Renewal 0 95 - Voter Return of NCOA 8 96 - Temporary FWAB Registrant 0 97 - Temporary FPCA Registrant 0 98 - Voter Change On Confirmation 1 99 - Voter Change On Verification 0 Unprocessed Registrations - Review Queue 00 - No Application Source 0 01 - Public Assistance 0 02 - Disability 0 03 - Other (ESC) 0 04 - Armed Forces 0 05 - DMV 0 06 - Mail-in 0 07 - In-person 0 vtr_nvra_stat.rpt Page 4 of 5Apr 06, 2023 4:47 pm NVRA REPORTNEW HANOVER COUNTY BOARD OF ELECTIONS 08 - Library & High School 0 09 - Spanish Language Application 0 10 - Online Registration 0 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 5Apr 06, 2023 4:47 pm 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 APPROVED REG REMOVED REG NVRA Monthly Statistics: Total Removed and Approved Registrations Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 July-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 0 5,000 10,000 15,000 20,000 25,000 NEW DMV REG NEW REG ALL OTHERS DMV DUPLICATES ALL OTHER DUPLICATES DMV INFO CHANGE ALL OTHER INFO CHANGE NVRA Monthly Statistics: Voter Registrations Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 July-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 0 20,000 40,000 60,000 80,000 100,000 120,000 1ST & 2ND VERIFICATIONS MAILED 1ST NCOA MAILED UNDELIVERABLE 1ST VERFICATION RETURNED VERIFICATIONS MAILED CONFIRMATIONS RETURNED CONFIRMATIONS UNDELIVERABLE CONFIRMATIONS NVRA Monthly Statistics: Voter Card Mailings Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 July-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 NVRA The SBE has an automated process, so there is no need to submit the report on a monthly basis, it is available for counties that would like to run the report for informational use. NVRA Report definitions: Prior to reviewing the NVRA report the following items need to be considered  Statistics are based on a time period  Temporary voters are ignored in these statistics.  These are interpretations of the SEIMS NVRA reports, not anything generated outside the SEIMS application.  See NVRA change explanation in the supplemental section. Description Definition Registrations Approved Number of verified voters during the time period. This is based off the following verification description: ‘NEW VOTER: VERIFIED’ Total Registrations Removed Number of voters that had their status changed to REMOVED during the time period Inactive Registrations Removed Number of voters that had their status changed from INACTIVE to REMOVED during the time period Total Registrations Removed Number of voters that had their status changed to REMOVED during the time period New Number of NVRA flagged new voter records by source code during the time period. Sources ‘15’, ‘17’, ‘19’ are combined into ‘05’, ‘07’, ‘09’ respectively. Sources ‘98’ and ‘99’ are ignored because these are change source codes Change Number of NVRA flagged change voter records by source code during the time period. Sources ‘15’, ‘17’, ‘19’ are combined into ‘05’, ‘07’, ‘09’ respectively Duplicate Number of NVRA flagged duplicate voter records by source code during the time period. Sources ‘15’, ‘17’, ‘19’ are combined into ‘05’, ‘07’, ‘09’ respectively Verification:# of 1st & 2nd verification mailings sent This is based off the following verification descriptions: ‘NEW VOTER: 1ST VERIFICATION PENDING’, ‘NEW VOTER: 2ND VERIFICATION PENDING’, ‘VOTER CHG: 1ST VERIFICATION PENDING’, ‘VOTER CHG: 1ST VERIFICATION PENDING’, ‘LIST MAINT: 1ST VERIFICATION PENDING’ Verification:# of 1st verification returned undeliverable Number of 1st verification mailings returned undeliverable to the county during the time period. This is based off the following verification descriptions: ‘NEW VOTER: ADDR CONFIRMATION TO FWD ADDR (PRIOR TO MAILING)’, ‘NEW VOTER: 2ND VERIFICATION (PRIOR TO MAILING)’, ‘VOTER CHG: ADDR CONFIRMATION TO FWD ADDR (PRIOR TO MAILING)’, ‘VOTER CHG: ADDR CONFIRMATION TO OLD ADDR (PRIOR TO MAILING) Verification:# of verification returned by voter Number of verifications returned to the county by the voter during the time period. This is based off of source code ‘99’ changes Confirmation:# of confirmations returned by voter Number of verifications returned to the county by the voter during the time period. This is based off of source code ‘98’ changes Confirmation:# of confirmations sent Number of verifications returned to the county by the voter during the time period. This is based off of source code ‘98’ changes Confirmation:# of confirmations returned undeliverable Number of confirmation mailings returned undeliverable to the county during the time period. This is based off the reason changes to ‘CONFIRMATION RETURNED UNDELIVERABLE’ Confirmation:# of confirmations not returned at all Number of confirmation mailings not returned to the county at all during the time period. This is based off the reason changes to ‘CONFIRMATION NOT RETURNED’ Supplemental Explanation – NVRA Change/Duplicate Description For 1/7/2012 forward: NOTE: An NVRA Voter Change is marked if one of the following fields is changed (with a non-administrative change).  Name  Mailing Address  Birth Date  Party  Residential Address NOTE: An NVRA Duplicate is marked if a voter change occurs but was not one of the fields indicated above to represent an NVRA change. Prior to 1/7/2012: NOTE: An NVRA Voter Change is marked if any of the fields below are updated for a voter.  Drivers license  Gender  Confidential Flag  Race  Party  Precinct  Mailing Address  Status  Municipality  Phone number  Name  Ward  Birth date  Residential Address  SSN NOTE: An NVRA Duplicate is flagged if none of the above occur, but one of the following fields are changed:  Reason  Registration date  Source  Application date  Comments  Language Regular Meeting New Hanover County Board of Elections April 11, 2023 Subject: Resolutions to Adopt Precinct Consolidations Applicable Statutes and/or Rules: NC Gen. Stat. § 163-132.3 Summary: In accordance with NC Gen. Stat. § 163-132.3, county boards of elections in North Carolina have the authority to consolidate precincts with the approval of the Executive Director of the NC State Board of Elections. Based on their smaller voter registration pool and consistently low Election Day turnout, we are formally proposing two precinct consolidations that will reduce our operational costs without diminishing our capacity to conduct safe and secure elections or provide a high level of customer service to voters in these precincts. The original precincts to be merged, the new precinct to be formed, and total amount of registered voters in the new precinct are listed below: Original Precincts to be Merged New Precinct to be formed Total Amount of Registered Voters as of April 3, 2023 W13 & W24 W34 5,363 W28 & W32 W35 5,144 The consolidation of these precincts would positively impact election official staffing and appointments since we have historically struggled to identify qualified, willing residents of these precincts to work on Election Day. In addition, consolidation would alleviate some concerns related to residency in the appointment process as well minimize the depletion of our back-up pool of qualified and trained “transfer” officials that we can call upon to fill last minute vacancies in other precincts. As we approach Election Day the larger the pool we have remaining the more likely we are to be able to ensure that every voter in the county has the same, positive, voting experience in fully-staffed precincts with knowledgeable and capable election officials. For each precinct consolidation, the proposed new precinct boundaries comply with all requirements established for precinct consolidations by the NC State Board of Elections, including that boundaries coincide with the Census block boundaries associated with the most recent federal decennial census. All other required documentation will be submitted to the Executive Director of the State Board with a copy of the county board’s signed resolutions authorizing the precinct consolidation. This documentation includes the following: 1. Cover letter by email indicating what the county is proposing and why. Include the election date for which the precinct change will be effective. 2. Electronic images (maps) (PDF, JPG, etc.) of the proposed precinct to be altered showing the current and proposed boundaries and the location of the assigned polling place. 3. Electronic Map of the proposed precinct(s) – countywide map. Maps to be in electronic form, ArcGIS shape file (.shp) compatible. Shape file must show census blocks in each altered precinct. 4. Polling Place Accessibility Survey for each polling site assigned to the new precinct. Item # 2 Item # 4a Below are images of the current and proposed boundaries as well as location of assigned polling place. CURRENT BOUNDARIES OF PRECINCTS W13 AND W24 BEFORE CONSOLIDATION W13 Polling Place is UNCW-OLLI Building, W24 Polling Place is UNCW Warwick Center PROPOSED BOUNDARIES OF NEW PRECINCT W34 AFTER CONSOLIDATION W34 Polling Place is UNCW Warwick Center CURRENT BOUNDARIES OF PRECINCTS W28 AND W32 BEFORE CONSOLIDATION W28 Polling Place is Wesley Memorial UMC Activity Building, W32 Polling Place is Multiply Church PROPOSED BOUNDARIES OF NEW PRECINCT W35 AFTER CONSOLIDATION W35 Polling Place is Wesley Memorial UMC Activity Building Document/s Included: Election Day Turnout Statistics for Precincts Prior to Merger; Voter Statistics Report by Precinct; Resolutions to Adopt Precinct Consolidations Board Action Required: Staff recommends approval Election Day Turnout Statistics for Precincts Prior to Merger Precincts Registered Voters 04.04.23 2022 General 2022 Primary 2020 General 2020 Primary 2018 General 2018 Primary W13 2,138 234 70 234 263 317 65 W24 3,226 426 107 278 439 563 67 W28 3,508 601 193 420 656 697 178 W32 1,637 401 156 223 353 384 130 Average –All Pcts 4,060 856 410 394 741 781 246 Lowest Turnout (W32) 1,637 (W13) 234 (W13) 70 (H02) 204 (W13) 263 (W13) 317 (W13) 65 Highest Turnout (M04) 7,181 (M02) 1,817 (M02) 876 (H08) 736 (M02) 1,546 (M02) 1,574 (M02) 632 NEW HANOVER COUNTY STATISTICS REPORT Bert Database Current As Of 4/3/2023 10:09:47 PM [SUCCESSFUL] JURISDICTION: PRECINCT = 65_W13, 65_W24, 65_W28, 65_W32 and STATUS = A, I 10,509 Total Voters = Not Hispanic UndesigHispanicUndesigMaleFemaleUndesigOtherMulti- RaceAsianAmerican. Indian WhiteBlackLibUnaRepDemTotal VotersGrouping HawaiianGre 320 939 38 840 501 1,220 7 73 308 975 801 9 19 95 1,177 866 362 2,138PRECINCT : W13 1 1 649 1,584 37 955 281 2,132 10 100 633 1,392 1,166 30 40 127 1,734 1,365 668 3,226PRECINCT : W24 0 1 655 1,583 39 1,228 442 2,375 10 111 501 1,626 1,341 30 39 119 2,058 1,331 541 3,508PRECINCT : W28 0 3 462 728 20 426 64 1,335 8 33 181 712 732 9 7 37 1,049 551 193 1,637PRECINCT : W32 0 1 10,509 3,449 2,086 4,834 134 1,288 7,062 35 78 105 317 1,623 4,705 4,040 1,764 378 6,018 4,113 Total 1 6 Page 1 of 1Apr 04, 2023 4:32:43PM BertStat.rpt RESOLUTION TO ADOPT PRECINCT CONSOLIDATION At a meeting duly called and held on the 11th day of April 2023, the New Hanover County Board of Elections unanimously adopted the following resolution: WHEREAS county boards of elections in North Carolina have the authority to consolidate precincts consistent with NC Gen. Stat. § 163-132.3, with the approval of the Executive Director of the NC State Board of Elections; WHEREAS county boards of elections in North Carolina must prepare documentation for the NC State Board of Elections to review, regarding the consolidation and proper reporting of election results, consistent with procedures adopted by the Executive Director of the NC State Board of Elections; WHEREAS the current geographical boundaries of precincts W13 and W24 are comprised of contiguous territories and, if consolidated, must be renamed to reflect the new boundaries; WHEREAS consolidating precincts W13 and W24 will ensure that an adequate polling place is established for the voters registered within the current boundaries, consistent with NC Gen. Stat. § 163-128(a); WHEREAS an accessibility survey must be completed for the polling place to be used in any new precinct to ensure ADA compliance; and WHEREAS pending the approval of the Executive Director of the NC State Board of Elections, registered voters residing in the consolidated precincts must be notified of any consolidation, consistent with NC Gen. Stat. § 163-128(a). NOW, THEREFORE, BE IT RESOLVED that precincts W13 and W24, located in New Hanover County, be consolidated pending the approval of the Executive Director of the NC State Board of Elections who shall also determine the effective date thereof. Oliver Carter III, Chair RESOLUTION TO ADOPT PRECINCT CONSOLIDATION At a meeting duly called and held on the 11th day of April 2023, the New Hanover County Board of Elections unanimously adopted the following resolution: WHEREAS county boards of elections in North Carolina have the authority to consolidate precincts consistent with NC Gen. Stat. § 163-132.3, with the approval of the Executive Director of the NC State Board of Elections; WHEREAS county boards of elections in North Carolina must prepare documentation for the NC State Board of Elections to review, regarding the consolidation and proper reporting of election results, consistent with procedures adopted by the Executive Director of the NC State Board of Elections; WHEREAS the current geographical boundaries of precincts W28 and W32 are comprised of contiguous territories and, if consolidated, must be renamed to reflect the new boundaries; WHEREAS consolidating precincts W28 and W32 will ensure that an adequate polling place is established for the voters registered within the current boundaries, consistent with NC Gen. Stat. § 163-128(a); WHEREAS an accessibility survey must be completed for the polling place to be used in any new precinct to ensure ADA compliance; and WHEREAS pending the approval of the Executive Director of the NC State Board of Elections, registered voters residing in the consolidated precincts must be notified of any consolidation, consistent with NC Gen. Stat. § 163-128(a). NOW, THEREFORE, BE IT RESOLVED that precincts W28 and W32, located in New Hanover County, be consolidated pending the approval of the Executive Director of the NC State Board of Elections who shall also determine the effective date thereof. Oliver Carter III, Chair Regular Meeting New Hanover County Board of Elections April 11, 2023 Subject: Chair Carter’s request for review and discussion of draft written lease agreement with NHC Summary: Chair Carter has requested a new business item to review and discuss the draft written lease agreement with NHC Document/s Included: Draft Lease Agreement (Provided at Meeting) Board Action Required: Discuss As Necessary Item # 2 Item # 4b Regular Meeting New Hanover County Board of Elections April 11, 2023 Subject: Chair Carter’s request for Review of Final Canvass Procedures for the 2022 General Election Summary: Chair Carter has requested to add an old business item to review final canvass procedures for the 2022 General Election Board Action Required: Discuss As Necessary Item # 2 Item # 5 Regular Meeting New Hanover County Board of Elections April 11, 2023 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