NHC Board of Elections Minutes 03.13.2023
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. He said 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
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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,
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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