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Board Meeting Agenda Packet 10-24-2023MEETING AGENDA Date: October 24, 2023 Time: 5:00 PM Location: Bd of Elections Office, Long Leaf Room Type: Special Scheduled Attendees: Derrick R. Miller, Chair Rae Hunter-Havens, Director James Battle Morgan, Jr. Secretary Caroline Dawkins, Deputy Director Natalie Hinton-Stalling, Member Noelle Powers, Database & Systems Specialist Bruce Kemp, Member Joan Geiszler-Ludlum, Administrative Technician Tom S. Morris, Member Jessica O’Neill, Program & Outreach Coordinator Visitor(s): Tufanna Bradley, Assistant County Manager; Kemp Burpeau, Deputy County Attorney AGENDA ITEMS 1.Meeting Opening a.Call to Order b.Pledge of Allegiance c.Approval of Agenda d.Approval of Minutes (11/15/22- Emergency Meeting, 10/10/23, and 10/17/23) 2.Public Comment Period •2-minute limit •10-minute limit total 3.New Business a.Review of Absentee Ballot Applications b.Member Morris’ request to discuss procedures for rejection of elections officials or observers nominated by party chairs 4.General Discussion •Other Elections-Related Matters 5.Adjournment *Agenda packets are sent via email in advance of meetings. Special Meeting New Hanover County Board of Elections October 24, 2023 Subject: Approval of Agenda Summary: N/A Board Action Required: Staff recommends approval Item # 1c Special Meeting New Hanover County Board of Elections October 24, 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 11/15/22 (Emergency Meeting), 10/10/23, and 10/17/23 meetings. The board approved the 11/15/22 regular meeting minutes at the 10/17/23 meeting. The previous Chair, Oliver Carter III, conducted the meeting in separate segments, hence the separate minutes. Board Action Required: Staff recommends approval Item # 1d Item # 1d Board Minutes – 11/15/2022 Page | 1 EMERGENCY MEETING New Hanover County Board of Elections November 15, 2022 4:15 p.m. ATTENDANCE Members: Oliver Carter III, Chair Derrick R. Miller, Secretary Lyana G. Hunter, Member [arrived 4:38 p.m. Russ C. Bryan, Member [arrived 4:22 p.m.] Bruce Kemp, Member Staff: Rae Hunter-Havens, Elections Director Caroline Dawkins, Elections 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; Sharon Smith; Cher Pridgen; Jane Saunders; Emily Fountain; Bea Powell; Jim Keefe Public Attendees: Leslie Antos, League of Women Voters LCF; Katrina Morton; Tiffany Thomas; Nichole Kingston; Matthew Emborsky, Julius Rothlein, NHC GOP; Bryan Warner, Common Cause NC; Susanne Werner, NHCDP Virtual Attendees: Jessica O’Neill; Frances Acanfora; Sheila F.; Tyler Daye; Anonymous; Jenna Dahlgren; Thom Tracy 1. MEETING OPENING Chair Carter called the emergency meeting to order at 4:15 p.m. The New Hanover County Board of Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington, NC. Chair Carter, Secretary Miller and Member Kemp were present. Member Bryan arrived at 4:22 p.m.; Member Hunter arrived at 4:38 p.m. Board Minutes – 11/15/2022 Page | 2 Chair Carter said the purpose of the emergency meeting is to consider six Board-initiated ballot challenges to absentee ballots due to name similarities to provide notice to the voters and provide due process. a. Announcements Chair Carter reminded the audience to silence their cell phones and that the meeting is being recorded and live streamed on the internet. b. Pledge of Allegiance Chair Carter invited all in attendance to rise and recite the Pledge of Allegiance. c. Agenda Member Kemp moved approval of the agenda as submitted, second by Secretary Miller. Member Kemp moved to amend the agenda to add consideration of challenges submitted by Julius Rothlein by email today in view of the 5:00 p.m. deadline. Motion died for lack of a second. Hearing no further discussion, Chair Carter called the vote on the motion to approve the agenda as submitted. Motion carried unanimously. 3. NEW BUSINESS a. Board-Initiated Absentee Ballot Challenges Chair Carter called on Director Hunter-Havens to brief the Board on the challenges. Director Hunter-Havens said during reconciliation staff discovered six ballots with questions about the voter’s eligibility to vote the submitted ballot and summarized the circumstances of each: • Voter Primus cast an absentee ballot which the Board approved on October 21. The voter died two days later, before Election Day. Member Kemp moved to challenge the cast ballot, second by Secretary Miller. Motion carried unanimously. • Voter Atkinson deposited an absentee ballot in a precinct tabulator in error on Election Day. Chair Carter moved to challenge the ballot, second by Member Kemp. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. • Voter Lloyd III timely returned a UOCAVA ballot. The voter already had voter history for this election showing he voted during One Stop. Father may have mistakenly voted his son’s ballot. Board Minutes – 11/15/2022 Page | 3 Chair Carter moved to challenge the One Stop ballot, second by Member Kemp. Hearing no discussion, Chair Carter called the vote. Chair Carter, Secretary Miller, Members Bryan and Kemp voted aye; Member Hunter, having just arrived in the meeting, abstained. • Voter RW James cast a One Stop ballot in the name of voter RP James, requiring voter RP James to vote a provisional ballot on Election Day. Chair Carter moved to challenge the RP James One Stop ballot, second by Member Kemp. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. • Voter DW Barfield voted a provisional ballot on Election Day. Voter EW Barfield voted a One Stop ballot in the name of DW Barfield. Chair Carter moved to authorize Director Hunter-Havens to cancel the One Stop ballot voter history for DW Barfield and reassign voter history to EW Barfield, second by Member Hunter. Chair Carter said the Board would address the provisional ballot voted by DW Barfield at the pre-canvass meeting. Hearing no further discussion, Chair Carter called the vote. Motion carried unanimously. • Voter Hodges voted a provisional ballot at One Stop where he was told he had already voted. After investigation, it appears voter Holder was issued an Authorization to Vote in the name of voter Hodges. Chair Carter moved to authorize Director Hunter-Havens to cancel the One Stop ballot voter history for voter Hodges and reassign the voter history to voter Holder, second by Member Kemp. Member Bryan moved to table the motion to allow him to compare voter Holder’s voter registration signature with the signature on the Authorization to Vote, second by Chair Carter. Hearing no discussion, Chair Carter called the vote. Motion to table carried unanimously. • Voter Nunnelee III voted a provisional ballot at One Stop where he was told he had already voted. After investigation, it appears voter Nunnelee IV was issued an Authorization to vote in the name of voter Nunnelee III and voted on November 1. Chair Carter disclosed that he is acquainted with both voters, has had no contact with either regarding this matter, and his acquaintance does not affect his ability to be impartial. Chair Carter moved to authorize Director Hunter-Havens to cancel the One Stop voter history for voter Nunnelee III and reassign the voter history to voter Nunnelee IV, second by Member Hunter. Chair Carter said the Board would address the provisional ballot voted by Nunnelee III at the pre-canvass meeting. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. Board Minutes – 11/15/2022 Page | 4 Chair Carter moved to remove from the table his motion in the matter of the ballots of voters Hodges and Holder, second by Secretary Miller. Chair Carter called the vote on the motion to return to the table. Motion carried unanimously. Member Bryan said he was satisfied with the signature comparison. The Board members each reviewed the two signatures by voter Holder. Chair Carter restated his motion, which was not previously seconded. Member Kemp seconded Chair Carter’s motion. Hearing no further discussion, Chair Carter called the vote. Motion to authorize the Director to reassign the voter history from voter Hodges to voter Holder carried unanimously. Chair Carter moved to set November 18 at 11:00 am as the date for hearing the Board- initiated challenges and to notify the affected voters by mail, email and telephone of their right to be heard at that time, second by Member Kemp. Hearing no discussion, Chair Carter called the vote. Motion carried unanimously. Member Kemp called for the Board to reconsider his previous motion, which was not seconded, to consider Mr. Rothlein’s email presenting challenges to certain absentee ballots. Secretary Miller asked for clarification as to which item the matter would be considered. Member Kemp said as absentee ballot challenges. Chair Carter said the emergency meeting notice specified Board-initiated challenges would be considered, not voter-initiated challenges that Mr. Rothlein presented in his email. For that reason, he would not support this motion. Member Kemp said there is a State Board of Elections ruling that all ballot challenges must be scheduled for hearing by 5:00 p.m. today. The Board has four minutes to consider the additional challenges. He said his agenda as approved only states that the Board would consider absentee ballot challenges. Hearing no further discussion, Chair Carter called the vote. Members Kemp and Bryan voted aye; Chair Carter, Secretary Miller, and Member Hunter voted nay. Motion failed for lack of a majority. 4. ADJOURNMENT Chair Carter declared the meeting adjourned at 4:57 p.m. He invited the audience to be at ease until 5:15 p.m. when the Board would convene the regular scheduled meeting to order. APPROVED BY: RESPECTFULLY SUBMITTED BY: _____________________________ _______________________________ JAMES BATTLE MORGAN, JR. RAE HUNTER-HAVENS SECRETARY ELECTIONS DIRECTOR Board Minutes – 10/10/2023 Page | 1 SPECIAL MEETING New Hanover County Board of Elections October 10, 2023 5:00 P.M. ATTENDANCE Members: Derrick R. Miller, Chair James Battle Morgan, Jr., Secretary Natalie Hinton-Stalling, Member Bruce Kemp, Member Tom Morris, Member Staff: Rae Hunter-Havens, Executive Director Caroline Dawkins, Deputy Director Jessica O’Neill, Elections Program and Outreach Coordinator Noelle Powers, Elections Systems Administrator Beth Pugh, Elections Specialist Joan Geiszler-Ludlum, Administrative Elections Technician Election Assistants: Jane Saunders, Bea Powell, Emily Fountain Visitors: Tufanna Bradley, Assistant County Manager; Kemp Burpeau, Deputy County Attorney Public Attendees: Wende Hunt; Ellen Jo Kraemer; Julius Rothlein, Matthew Emborsky, NHC GOP; Richard Poole, NHCDP; Bob Gatewood; Ellen Haragan, League of Women Voters LCF; Jody Kemp; Anais Delgado; Juan O. Chevere; Anthony Abbinante; Becky Jaskey; John Jaskey Virtual Attendees: Jessica O’Neill; Helen; Anon.; Denise Brown; Beth Pugh; Shawn P.; Mike; Denmark Vesey 1. MEETING OPENING a. Call to Order Chair Miller called the meeting to order at 5:00 p.m. The New Hanover County Board of Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington, NC. All members were present. Board Minutes – 10/10/2023 Page | 2 b. Preliminary Announcements Chair Miller reminded the audience to silence their cell phones, that the meeting is being recorded and live streamed over the internet, and to avoid conversation and crosstalk during the meeting. c. Pledge of Allegiance Chair Miller called on the audience to rise and recite the Pledge of Allegiance. d. Approval of Agenda Member Kemp moved to approve the agenda as submitted, second by Member Hinton- Stalling. After answering a question from Member Kemp, Chair Miller called the vote. Motion carried unanimously. e. Approval of Minutes Member Hinton-Stalling moved to approve the minutes of the 5/22/22, 8/9/22, 11/15/22, and 9/12/23 Board meetings be approved as edited, second by Secretary Morgan. Chair Miller requested deletion of the parenthetical note on page 5 of the 8/9/22 minutes and called the vote. Motion carried unanimously. 2. PUBLIC COMMENT PERIOD Chair Miller called upon the public in-person attendees for their comments or questions, limited to two minutes each with a total maximum time of ten minutes. Julius Rothlein and Matthew Emborsky, representing NHC GOP, voiced objection to the Board’s action in the August 22, 2023, meeting to disqualify a NHC GOP nominee on a finding of repeated failure to follow and disregard of election official and staff orders, directives, instructions, protocols, and procedures while serving as an election observer for the 2022 Primary which constituted not being of good repute for purposes of serving as an election official. Mr. Rothlein read the following statement: For the record, I am compelled to express my outrage concerning the substance and manner in which the Director and her Staff secured the disqualification of Mr. Anthoney Abbinante a GOP nominee to be Precinct Judge on 22 August 2023. With absolutely no prior notice to Mr. Abbinante should be disqualifite [sic] from the appointment because of his alleged previous conduct as a GOP poll observer. She claimed his conduct demonstrated he was "not in good repute". This was the first Mr. Abbinante and the NHC GOP heard of such accusation, and we were prohibited from making statement on 22 August. Board Minutes – 10/10/2023 Page | 3 So what was the evidence that Mr. Abbinante was dishonest, corrupt untruthworhy [sic], unprincipled? We made a public records request only to learn that the Director has no contemporaneous record of any incidents justifying Mr. Abbinante's disqualification. In fact we learned that whatever may have transpired while poll observing did not result in Mr. Abbinante being ejected from the polling places. How serious could any violation have been to to [sic] result in his ejection? The Director failed to provide Mr. Abbinante due process, he was never provided the opportunity to provide any rebuttal in his defence [sic]. WHY? The Director defamed Mr. Abbinante by raising this matter in public when it should have been brought up in closed session as provided in NCGS 143-38- 318.11(a) (6)."To consider the chracter [sic], fitness of a ...prospective public officer, or employee..." Anthony Abbinante requested an explanation and documentation of the Board’s decision to disqualify him from consideration to serve as a precinct official Chair Miller acknowledged receiving an email request from Julius Rothlein for a list of precincts where electioneering is not permitted and called on Director Hunter-Havens to respond, The Director said the precincts where no electioneering is allowed are listed on the Board’s website. These are privately owned sites which may restrict or prohibit electioneering through the usage agreement. In each case, no alternative public site is available. Seeing and hearing no other public attendees wishing to comment, Chair Miller closed the Public Comment Period. 3. NEW BUSINESS a. 2023-2025 Chief Judge and Judge Declinations and Vacancy Chair Miller called on Director Hunter-Havens to present the staff report and recommendations. The Director reported that 9 of the chief judges and judges appointed on August 22, 2023, declined to serve. She solicited and received supplemental nominations from the county Democratic and Republican chairs who submitted their recommendations as requested. The staff recommendations are based on the statutory preference for precinct residents over transfers and whether the parties nominated precinct residents or transfers. One additional vacancy has arisen in Precinct W08 since the August meeting when the Board Minutes – 10/10/2023 Page | 4 hold-over appointee1 accepted a different appointment. If the parties recommend a resident judge or chief judge, the Board appoints by majority vote. If the parties recommend a transfer judge or chief judge, the Board appoints by unanimous vote. After reviewing the staff and county party chairs’ nominations, the Board made the following appointments: • CF02 – Judge: appointed precinct resident Thomas Taylor (D) by vote of 4 to 1. • FP06 – Judge: appointed precinct resident Marilyn Hertling (D) by vote of 3 to 2. • FP07 – Judge: appointed precinct resident Nancy Steele (U) by vote of 3 to 2. • H01 – Chief Judge: Board unsuccessful in appointing, Chair will make administrative appointment. • H13 – Judge: appointed precinct resident Edward Becks (D) by vote of 4 to 1. • M03 – Chief Judge: appointed precinct resident William Brampton (D) by vote of 3 to 2. • W03 – Judge: appointed precinct resident Robert Carpenter (D) by vote of 3 to 2. • W08 – Chief Judge: Board unsuccessful in appointing, Chair will make administrative appointment. • W15 – Judge: appointed precinct resident Norma Wasilewski (R) by unanimous vote. • W30 – Judge: appointed precinct resident Aaron Logan (U) by unanimous vote. Member Kemp moved to appoint precinct resident Jezerack (R) as judge in precinct CF05 to replace hold-over transfer official Nobles, second by Member Morris. After discussion, Chair Miller called the vote. Members Kemp and Morris voted aye; Chair Miller, Secretary Morgan and Member Hinton-Stalling voted nay. Motion failed for lack of a majority. Member Kemp moved to appoint precinct resident Cliff Brock (R) as chief judge in precinct M07 to replace hold-over transfer Thomas Stoddard (U). In response to a question from Chair Miller, Director Hunter-Havens said that Mr. Brock was nominated by his party to serve as a judge, not chief judge, at the time of the August appointments. Chair Miller asked Deputy County Attorney Burpeau whether it is permissible for the Board to make the suggested appointment. Mr. Burpeau said §163-41(a) requires the replacement be of the same party as the hold-over official, which is not the case. After discussion, Chair Miller called the vote. Members Kemp and Morris voted aye; Chair Miller, Secretary Morgan and Member Hinton-Stalling voted nay. Motion failed for lack of a majority. 1 NCGS §163-41(a) states “Their terms of office shall continue for two years from the specified date of appointment and until their successors are appointed and qualified, except that if a nonresident of the precinct is appointed as chief judge or judge for a precinct, that person's term of office shall end if the board of elections appoints a qualified resident of the precinct of the same party to replace the nonresident chief judge or judge.” (Emphasis added.) Where the Board has not yet appointed a successor, the continuing appointee is called a hold-over appointee. Board Minutes – 10/10/2023 Page | 5 b. Precinct Assistants Chair Miller called on Director Hunter-Havens for her report. Director Hunter-Havens presented the current list of precinct assistant assignments and said this list changes from day to day and will remain dynamic up to and including Election Day. She works with the county parties, but the main recruitment comes through the Precinct Official Application process and the interest of civic-minded members of the community. The Board discussed various factors contributing to the challenge of recruitment. Chair Miller said the Board would approve Precinct Assistant assignments when the Board meets as scheduled on November 6 based on the most recent list. Member Kemp inquired of Chair Miller, who wrote the summary of the §163-42 for the appointment of precinct assistants in the Board meeting packet. Director Hunter-Havens stated that she summarized based on what had been done in the past, the statute and the administrative code. The summary states that party parity “should be achieved whenever possible” in contrast to §163-42 (a) which states: “When the board of elections determines that assistants are needed in a precinct an equal number shall be appointed from different political parties, unless the requirement as to party affiliation cannot be met because of an insufficient number of voters of different political parties within the county.” Member Kemp emphasized the requirement, not discretion, of the “shall” statement and that the deficit of representation is voters county wide not within a precinct as stated in the summary. After extensive discussion on various aspects of precinct assistant appointment/assignment, Member Kemp inquired if the Board has the discretion to not follow the law. Deputy County Attorney Kemp Burpeau stated in this case that the party parity is aspirational. c. Review of Absentee Ballot Applications and Resolution Authorizing Director to Complete Preparatory Steps for Absentee Meetings Chair Miller called on Director Hunter-Havens to present the absentee ballot applications. Director Hunter-Havens presented 2 UOCAVA2 ballots for Board approval. Because UOCAVA voters may return their applications and voted ballots by email or the absentee portal, the ballots must be duplicated for scanning and tabulation. Bipartisan duplication teams consisting of a caller, a marker and an observer do the duplication and the Board reviews the voter’s Affirmation, selections and the duplicated ballot. The Director summarized the statutes and SBE Numbered Memos guidance for the Board’s review. 2 Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) is a federal law that requires states to allow voters who are absent from their country of residence to vote using an expedited process to register and vote by mail-in absentee ballot. The law covers active-duty members of the armed forces, Merchant Marine, the commissioned corps of the Public Health Service and NOAA, National Guard or state militia, their spouses and dependents, and US citizens residing outside the United States. Board Minutes – 10/10/2023 Page | 6 Director Hunter-Havens reminded the Board to maintain voter confidentiality during their review of the UOCAVA Affirmations and the duplicated ballots. Chair Miller reminded the public in attendance to maintain silence as the Board does their review. When the Board completed their review, Chair Miller moved to approve 2 UOCAVA duplicated ballots, second by Member Morris. Hearing no discussion, Chair Miller called the vote. Motion carried unanimously. Chair Miller authorized the staff to open the envelopes, remove the ballots and complete all necessary preparatory steps and scan the ballots, second by Member Kemp. Motion carried unanimously. The staff scanned the 2 UOCAVA ballots without tabulation on the DS850. Scanning began at 7:35 p.m. and concluded at 7:49. The Board reviewed the scanning report and signed the Absentee Meeting Ballot Certification. The Board returned to the agenda. Director Hunter-Havens presented a Resolution authorizing the Director to (i.) to duplicate UOCAVA ballots prior to Board review and outside the Board’s presence, (ii.) to review and sort absentee ballot Applications prior to Board review, (iii.) to open approved Applications and scan the ballots during the meeting. Chair Miller moved to approve the Resolution, second by Member Hinton-Stalling. Member Kemp suggested rescanning all approved absentee ballots on Election Day to serve as a check on the weekly scan totals and to add a level of public confidence. Member Kemp suggested rescanning all the previously approved and counted absentee by mail ballots on Election Day to produce a results tape by race by the machine which performs the race result counting rather than rely on the summarized results of absentee by mail ballots as totaled by the election-ware software on the isolated computer, to which all other race results tapes are compared for accuracy during the upload of results process. Director Hunter-Havens said the statute allows scanning at the weekly absentee meetings or scanning all on Election Day. Waiting until Election Day strains the staff capacity to complete other Election Day processes and may delay posting of the absentee results when the polls close. The weekly results can be compared to the results from the disconnected ElectionWare report. Tabulating twice is not required, creates administrative burdens, deviates from state election uniformity, and is not authorized by statute or SBE guidance. Hearing no further discussion, Chair Miller called the vote. Motion carried unanimously. The staff scanned the 2 UOCAVA ballots without tabulation on the DS850. Scanning began at 7:35 p.m. and concluded at The Board then took up the remainder of the agenda. Board Minutes – 10/10/2023 Page | 7 4. GENERAL DISCUSSION Chair Miller called on the Board members for any additional discussion of election- related items. Member Morris discussed a Board response to the process used to disqualify a nominee from serving as a precinct official on August 22. He moved to (1) require written notice to the county party chair allowing 15 days for the party to investigate the allegations and take appropriate action to withdraw the nomination or provide evidence in support of the nomination; (2) schedule a Board hearing to review the evidence for the allegation and give the nominee the opportunity to address the Board and extend the opportunity to Mr. Abbinante; and (3) to extend a public apology to Mr. Abbinante, second by Member Kemp. Chair Miller said motions are not appropriate during the General Discussion session by Board policy but agreed further discussion is merited. He suggested discussing Member Morgan’s motion in this meeting and deferring the motion for action at the next meeting, permitting time to obtain and consider legal guidance. Members Morgan and Kemp withdrew their motion. Chair Miller. addressing Mr. Abbinante, said the Board’s action was taken within the narrow context of statutory qualifications to serve as a precinct official based on the evidence presented and not making a general judgment of his character. He apologized for any impression that the Board was making a general judgment of his honesty, reputation or character. The statutory meaning of “of good repute” applies to the context of service as a precinct official. Mr. Abbinante accepted the apology and renewed his request for the criteria used and the evidence supporting the decision. Chair Miller said the point is well-taken and the Board will review the procedure. Member Kemp requested that the meeting minutes be distributed as soon as drafted and not wait until the agenda package is sent on Friday. 5. ADJOURNMENT Member Morris moved to adjourn the meeting at 8:27 p.m., second by Member Hinton- Stalling. Motion carried unanimously. The next Board meeting is scheduled to be held on October 17, 2023 in the Board of Elections office, 1241A Military Cutoff Road, Longleaf Room, Wilmington, NC. Board Minutes – 10/10/2023 Page | 8 APPROVED BY: RESPECTFULLY SUBMITTED: _______________________________ _______________________________ JAMES BATTLE MORGAN, JR. RAE HUNTER-HAVENS SECRETARY ELECTIONS DIRECTOR Board Meeting Minutes 10/17/2023 Page | 1 SPECIAL MEETING New Hanover County Board of Elections October 17, 2023 5:00 P.M. ATTENDANCE Members: Derrick R. Miller, Chair James Battle Morgan, Jr., Secretary Natalie Hinton-Stalling, Member Bruce Kemp, Member Tom Morris, Member Staff: Rae Hunter-Havens, Executive Director Caroline Dawkins, Deputy Director Jessica O’Neill, Elections Program and Outreach Coordinator Noelle Powers, Elections Systems Administrator Beth Pugh, Elections Specialist Joan Geiszler-Ludlum, Administrative Elections Technician Election Assistants: Emily Fountain, Bea Powell, Jane Saunders Public Attendees: Deborah Dicks Maxwell, NC NAACP; Ava Bevins, League of Women Voter LCF; Julius Rothlein, Matthew Emborsky, NHC GOP Virtual Attendees: Beth Pugh; Jessica O’Neill; Denise Brown 1. MEETING OPENING a. Call to Order Chair Miller called the meeting to order at 5:01p.m. The New Hanover County Board of Elections meeting was held in the Board of Elections office, Long Leaf Room, 1241A Military Cutoff Road, Wilmington, NC. All members were present. b. Preliminary Announcements Chair Miller reminded the audience to silence their cell phones, that the meeting is being recorded and live streamed over the internet, and that no member of the audience should speak unless called upon. c. Pledge of Allegiance Board Meeting Minutes 10/17/2023 Page | 2 Chair Miller called on the audience to rise and recite the Pledge of Allegiance. d. Approval of Agenda Member Kemp moved to approve the agenda as submitted, second by Member Hinton- Stalling. Motion carried unanimously. e. Approval of Minutes Member Kemp moved to approve the minutes of the 10/10/23 Board meeting as submitted, second by Secretary Morgan. Chair Miller called for any comments, questions or corrections. Member Morris said he had submitted written recommendations for changes to the minutes and asked that they be adopted. Chair Miller said there are two corrections on pages 5 and 6, and called on Member Morris to address his other proposed change. Member Morris said in his public comment, Mr. Rothlein read from a written statement and he would like to add that document to the minutes. In response to a question from Member Hinton-Stalling, Member Morris said he was asking to add the statement to the minutes since it was read into the record. Chair Miller asked Director Hunter-Havens if there is any precedent or procedure for this action. The Director said typically documents or comments submitted by the public in advance of a meeting are shared with the Board and may be mentioned or summarized by topic in the minutes in appropriate cases. Public comments submitted in writing have not been attached to the minutes during her tenure. Member Morris said Mr. Rothlein’s comments were presented as an oral statement. He could have submitted his written document which the Board could receive and attach to the minutes. Oral comments may be summarized in the minutes, but when the summary does not reflect the totality of the comment, the summary falls short. Secretary Morgan said he sees some danger in establishing a precedent that public comments should be captured in the minutes of the proceedings. On the other hand, he said he doesn’t have a problem with it in this case, even though he said he does not necessarily agree with it. He said most of the Board has not seen the written statement. Chair Miller said Mr. Rothlein’s comment contrasts with the Board’s discussion. The salient points are captured in the draft minutes. Hearing no further discussion on Member Morris’s request to add Mr. Rothlein’s statement to the minutes, Chair Miller called for a vote. Secretary Morgan, Members Morris and Kemp voted aye; Chair Miller and Member Hinton-Stalling voted nay. The statement will be added to the minutes. Board Meeting Minutes 10/17/2023 Page | 3 Chair Miller called on Member Kemp to put forward the changes he would like to make. Member Kemp asked to clarify the description of the Resolution on page 5 by adding “during meetings” at the end of item (iii.). He said the other two actions occur outside the Board meeting and the last one takes place during the meeting. Member Kemp said he would like to add the question he asked about the balance of Republican and Democratic precinct officials and counsel Burpeau’s response that the courts would interpret the requirement as aspirational, not mandatory, despite the use of “shall”. Chair Miller asked Member Kemp to propose language in writing he would like to see added and suggested deferring action on the 10/10/23 minutes until the next meeting. Member Kemp moved to table consideration of the minutes of the 10/10/23 meeting until the next meeting, second by Member Morris. Motion carried unanimously. 2. PUBLIC COMMENT PERIOD Chair Miller called upon the public in-person attendees for their comments or questions, limited to two minutes each with a total maximum of ten minutes. Julius Rothlein, NHC GOP, asked for clarification of electioneering restrictions at the CFCC One Stop site. He noted that none are listed on the Board’s website, but he has seen an email from the school administration saying that no electioneering would be allowed. Chair Miller called on Director Hunter-Havens to respond. The Director said she received the email the previous day, which states the school would enforce its no solicitation policy and prohibit tents, tables, and distribution of fliers outside the building: To provide a safe learning and work environment, and protect all students, employees, and visitors of the college, solicitation is prohibited and includes, but is not limited to, third-party unsolicited verbal or written communications by mail or email, circulars and/or petitions, handbills, leaflets, pamphlets, posters, flyers, or any literature and printed materials. Salespersons, solicitors and/or external agencies will not be allowed to solicit or distribute these materials or items on college-owned property, or premises, to students or employees unless it is a recognized nonprofit/charitable organization or has prior approval from the President of the college. In addition, salespersons, solicitors, and/or external agencies may not erect a fixed or temporary structure on CFCC campus property or premises unless approved by the CFCC President or designee. Solicitation for personal or financial benefit is prohibited by CFCC employees during designated working hours. (Emphasis in original.) She said solicitation is not the same as electioneering, and limitations on electioneering are not part of the CFCC usage agreement. She is working with CFCC to resolve the matter, requested SBE guidance to assist, and will provide an update when available. Board Meeting Minutes 10/17/2023 Page | 4 Deborah Dicks-Maxwell, State NAACP President, commented that the Board has spent 18 minutes discussing the minutes. It is time to get on with the important election business. Seeing and hearing no other public attendees wishing to comment, Chair Miller closed the Public Comment period. 3. NEW BUSINESS • Review of Absentee Ballot Applications Chair Miller called on Director Hunter-Havens to present her report. Director Hunter-Havens presented 10 civilian absentee-by-mail applications and 5 UOCAVA (Uniformed and Overseas Civilian Absentee Voting Act) for Board review. 9 of the 10 civilian applications included a photocopy of the voter’s photo ID with no issues; 1 civilian application was returned with a photo ID exception form with no deficiencies noted. The 5 UOCAVA ballots were returned electronically and have been duplicated outside this meeting as the Board authorized. The duplication team log is included with the UOCAVA ballots. Director Hunter-Havens reminded the Board to shield the applications and photo ID documentation from public view during their review as they contain confidential information. The Board began reviewing the UOCAVA ballots and the civilian applications at 5:25 p.m. and completed review at 5:33 p.m. Chair Miller moved to approve 5 absentee-by-mail UOCAVA ballots, second by Secretary Morgan. Hearing no discussion, Chair Miller called the vote. Motion carried unanimously. The Board began reviewing the civilian absentee-by-mail applications and the in-person return log sheets where applicable at 5:34 p.m. and completed review at 5:50 p.m. Member Kemp moved to approve 10 civilian absentee-by-mail applications, second by Chair Miller. Hearing no discussion, Chair Miller called the vote. Motion carried unanimously. Director Hunter-Havens said the application submitted with a photo ID exception form is approved pending additional verification. Staff began opening the envelopes and scanning the approved ballots at 5:51 p.m. Scanning was completed at 6:14 p.m. Director Hunter-Havens presented the Absentee Meeting Ballot Certification with the Absentee Ballot Register sorted by precinct for Board review and signature. She said she is preparing a template to provide a week-to-week absentee ballot report which can then Board Meeting Minutes 10/17/2023 Page | 5 be compared to the final cumulative report sorted by precinct at canvass. She explained that the scanned ballots are stored on proprietary USB sticks which are secured in an office with full security protocols in place. 4. GENERAL DISCUSSION Member Morris requested an update on developing a process to address disqualification of precinct official applicants. Director Hunter-Havens said she has received guidance from the SBE and has submitted follow-up questions for clarification. Deputy County Attorney Kemp Burpeau is also reviewing the guidance. Director Hunter-Havens reported on the updated list of precinct assistants which continues to change. Chair Miller will make administrative appointments as needed and report those to the Board. Director Hunter-Havens said she received additional names from the NHC GOP which were checked and sent a report listing the status of the individuals. All were already assigned, declined to serve, or did not complete the on- boarding process. Member Kemp asked the status of One Stop staffing. Deputy Director Dawkins said all shifts at all sites are currently staffed. She anticipates there will be no-shows and will fill those slots as needed. Director Hunter-Havens said precinct officials from the closed Election Day precincts have been more willing to serve since they do not have to pace themselves for Election Day. Chair Miller said he expects public response to the One Stop schedule since only one site will be open for the first week. Director Hunter-Havens said she will be tracking voter feedback and will report. Member Kemp asked if the Board members are required to take the recent IT security training, or if that is for employees only. Director Hunter-Havens said she will find out and advise the Board. 5. ADJOURNMENT Member Kemp moved to adjourn the meeting at 6:25 p.m., second by Member Morris. Motion carried unanimously. The next Board meeting is scheduled to be held on October 24, 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: _______________________________ ______________________________ JAMES BATTLE MORGAN, JR. RAE HUNTER-HAVENS SECRETARY ELECTIONS DIRECTOR Special Meeting New Hanover County Board of Elections October 24, 2023 Subject: Public Comment Period Summary: This is an opportunity for members of the public to provide comments on elections-related matters. Each commenter will be limited to two minutes. There is a limit of 10 minutes total for the public comment period. Board Action Required: Discuss as necessary Item # 2 Special Meeting New Hanover County Board of Elections October 24, 2023 Subject: Review of Absentee Ballot Applications Applicable Statutes and/or Rules N.C. Gen. Stat §§ 163-229(b) and 163-230.1(f), NCSBOE Numbered Memos 2022-11, 2021-07, 2021-03, 2020-29 and 2020-25 Summary: By statute, county boards of elections are required to meet beginning on the fifth Tuesday prior to each election to review and take action on absentee ballot applications. The first absentee meeting in odd- numbered municipal elections can be cancelled since ballots are not available to mail out to voters until 30 days before Election Day. At each absentee board meeting, the board should either approve or disapprove the absentee applications assigned to that meeting date. All absentee ballot applications for the 2023 Municipal Elections must include the following: 1. The voter’s certification of eligibility to vote the enclosed ballot. 2. A copy of an acceptable form of Photo ID or completed Photo ID Exception Form. 3. The certification of two witnesses, to include their residence address, or one public notary. 4. The certification, to include residence address, of any individual that assisted a voter in accordance with N.C. Gen. Stat. §163-226.3. Since the board has delegated so much of the administrative detail of the election functions, duties, and work of the Board to the Elections Director, the Director and staff are responsible for completing many of the administrative duties associated with absentee by mail voting. In addition, the county board may authorize staff by an approved motion documented in the minutes or by resolution to 1) use a bipartisan team(s) of staff members to duplicate UOCAVA ballots that cannot be read by the tabulator outside of an absentee meeting, provided that all requirements outlined in Numbered Memo 2020-25 are followed and 2) open approved applications and scan ballots in them during the absentee meeting when they are approved. The board authorized staff to complete the following preparatory steps via resolution approved by the board at the October 10, 2023, meeting: 1. Prior to each Absentee Review Meeting, a bipartisan team shall duplicate all UOCAVA ballots received by the Board 2. Prior to each weekly Special Meeting held pursuant to N.C. Gen. Stat. § 163-230(e)-(f). and prior to any meeting held pursuant to N.C. Gen. Stat. § 163-234 at which absentee ballot applications/container-return envelopes are to be passed upon. the Director or staff shall inspect each absentee ballot application/container-return envelope to evaluate whether it: a. Complies with all the requirements such that it should be recommended for approval, b. Is defective but can be cured, Item # 2 Item # 3a c.Is defective but cannot be cured, or d.has a status that needs to be evaluated by the Board. 3. At each Absentee Review Meeting and any meeting under N.C. Gen. Stat.§ 163-234, once the Board has approved absentee ballot applications/container-return envelopes, the Director and staff shall “remove th[e] ballots from th[ose] envelopes and have them read by an optical scanning machine, without printing the totals on the scanner." The review of certain types of absentee ballot applications cannot be delegated to staff members. Specifically, county boards are required to individually review all applications that 1) have been recommended for disapproval by staff, (2) have a cure certification associated with the ballot application, (3) have a Photo ID Exception Form where staff has indicated that available information may lead the board to conclude that the Form is false, or (4) where staff need further guidance from the board as to whether the application was properly executed. During the absentee meetings, the board by majority vote may accept staff’s recommendations for approval without reviewing all absentee applications that do not specifically require board review (Numbered Memo 2020-25). However, this delegation must include a process for the board to spot- check the ballot envelopes to ensure accuracy and consistency. In addition, county boards are authorized to use two bipartisan teams of board members to conduct this review at each meeting as opposed to all five board members reviewing each ballot envelope. Revised Numbered Memo 2021-03, updated on September 25, 2023, addresses deficiencies in the envelopes and/or photo ID documentation should be managed by staff. There are three types of deficiencies that can be addressed by elections staff: 1) return deficiencies, 2) ballot application deficiencies, and 3) photo ID documentation deficiencies. 1)Return Deficiencies – These deficiencies are associated with the actual envelopes, not the ballot application. The ballot envelope is returned to the county board of elections office in an outer return envelope to ensure the privacy of the accompanying photo ID documentation. There are situations when a deficiency in the return or ballot envelope require that the ballot be spoiled and reissued to the voter. These deficiencies include the following: •The ballot envelope is unsealed or appears to have been opened and resealed and the return envelope is not sealed or appears to have been opened and resealed. •Someone other than the voter returns a ballot envelope that is not sealed and the return envelope is also unsealed or there is no return envelope. Even if the person is authorized to return the ballot, they cannot seal the ballot envelope without the voter being present. The voter must direct that the ballot envelope be sealed in their presence. •The return or ballot envelope indicates the voter is requesting a replacement ballot. Other anomalies that do not require that the ballot be spoiled and reissued are based on situations where the ballot is received in a sealed envelope but there was an anomaly with one or both envelopes. These anomalies include the following: • Ballot envelope is unsealed or appears to have been opened and resealed but is received in a sealed return envelope. In this case, staff will make the following notation on the return envelope “sealed in return envelope” so that county board can open the return envelope and review that ballot at its next absentee board meeting. • Ballot is placed inside the clear sleeve on the outside of the ballot envelope used for photo ID documentation but the return envelope is sealed. Staff will make the following notation on the return envelope “sealed in return envelope” so that county board can open the return envelope and review that ballot at its next absentee board meeting. • Return envelope is not sealed or appears to have been opened and resealed but the ballot appears to be sealed in the ballot envelope. No special action is required before reviewing the ballot application. • A voter returns their ballot in person in an unsealed ballot envelope to our office or a one-stop site. In this case, staff will instruct the voter to seal the ballot envelope. No special action is required before reviewing the ballot application. The purpose of the return envelope is to protect the voter’s confidential information during mail transit. If a person hand delivers a sealed ballot envelope without a return envelope, staff will place the ballot envelope in a new return envelope for storage purposes. 2) Ballot Application Deficiencies - Some ballot application deficiencies can be cured with a certification by the voter while other deficiencies require that the ballot be spoiled. Deficiencies that can be cured with a certification: • Missing voter signature • Voter signed in the wrong place Deficiencies that require the ballot to be spoiled: • A witness or assistant did not print name (If the witness or assistant’s signature is legible such that the name can be determined, the absentee ballot application is not deficient and the ballot should not be spoiled, absent any other deficiency) • A witness or assistant did not print address (Failure to print witness zip code does not invalidate the application. Failure to include the city or state in the address does not invalidate the application if the county board of elections can determine the correct address) • Missing witness or assistant signature • Witness or assistant signed in place of voter signature (Otherwise, if all witness or assistant information is present on the application but not on the designated lines, then the application is not deficient, and the ballot should not be spoiled absent any other deficiency) • If a voter’s witness is a notary, two errors in the notarial certification require that the ballot be spoiled and reissued: the notary signature is missing, or the notarial seal is missing altogether or contains missing information. 3) Photo ID Documentation Deficiencies – Deficiencies with the photo ID documentation fall into two main categories: Photocopy of Photo ID deficiencies and Photo ID Exception Form deficiencies. Both types of deficiencies are curable since the cure documentation comes from the voter. In addition, the failure to include any photo ID documentation is a deficiency that can be cured by the voter. Photocopy of Photo ID Deficiencies: • The ID type is not acceptable for voting purposes • The ID does not meet the expiration requirements, if applicable • The photocopy is not readable, which means that the name on ID cannot be read and/or photograph does not depict a person but only a shadow or outline of a person. • Name on the ID is not the same or substantially equivalent to the voter’s name in their voter record Photo ID Exception Form Deficiencies: • Voter did not print their name on the form, unless the voter’s signature appears to be made by the voter and appears to be the name of the voter. Elections staff and board members must presume that the voter’s signature is that of the voter (even if illegible), unless there is clear evidence to rebut that presumption. • Voter did not check a box for at least one claimed exception or failed to identify their specific reasonable impediment • Voter failed to provide their NC Driver’s License Number or last four digits of their Social Security Number • Voter failed to sign the Exception Form. If a voter is physically unable to sign or make their mark due to a disability, a person of the voter’s choice should write “Disabled- cannot sign” in the signature line and complete the Voter Assistance Certification on the back of the ballot envelope (Numbered Memo 2022-11). Elections staff review of photo ID documentation is for completeness, not falsity. A board’s finding of falsity is based on the board’s review of other information and gives the voter notice and opportunity to be heard on the matter. In addition to these three types of deficiencies, there are other deficiencies that cannot be resolved by staff and require board action. The deficiencies include the following: • Deficiency is first noticed at a board meeting • No ballot in a container-return envelope • More than one ballot in a container-return envelope • Two voter’s ballots and container-return envelopes are switched At the end of each absentee meeting, all absentee applications and ballots should be reconciled with the number of ballot applications approved by the board equal in number to the number of ballots scanned by the tabulator. Document/s Included: NCSBOE Numbered Memos 2022-15, 2022-11, 2021-07, 2021-03, 2020-29, 2020-25, and 2020-23, Absentee Poll Book and Reconciliation Log Sheet (Provided at meeting) Board Action Required: Discuss as necessary and action required Mailing Address: P.O. Box 27255 Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135 Numbered Memo 2020-23 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: In-Person Return of Absentee Ballots DATE: September 22, 2020 (updated September 29, 2023) Absentee-by-mail voters may choose to return their ballot by mail or in person. Voters who return their ballot in person may return it to the county board of elections office by 5 p.m. on Election Day or to any early voting site in the county during the early voting period. This numbered memo provides guidance and recommendations for the safe, secure, and controlled in- person return of absentee ballots.1 General Information Who May Return a Ballot For most voters, only the voter, or the voter’s near relative or legal guardian, is permitted to hand-deliver an absentee ballot.2 For voters who need assistance returning their absentee ballot due to a disability, any person of that voter’s choice may return the absentee ballot for the voter, which could include a multipartisan assistance team (MAT).3 Outside of this disability exception, neither a MAT member nor any other person may take possession of an absentee ballot, unless they are the voter’s near relative or legal guardian. Intake of Absentee Ballots and Accompanying Photo ID Documentation As outlined in Numbered Memo 2021-03, trained county board staff shall review each ballot container-return envelope (ballot envelope) and accompanying photocopy of the voter’s photo 1 This numbered memo was updated on September 29, 2023, to include processes related to photo ID requirements for absentee-by-mail voting. 2 It is a class I felony for any person other than the voter’s near relative or legal guardian to take possession of an absentee ballot of another voter for delivery or for return to a county board of elections. G.S. § 163-226.3(a)(5); see also G.S. § 163-231(b)(1). 3 See Numbered Memo 2022-11. 2 ID or a completed Photo ID Exception Form (photo ID documentation) that are transmitted to the county board in an outer return envelope, to determine if there are any deficiencies. Typically, depending on the intake volume, staff review of the absentee ballot materials for acceptability occurs at a later time. But nothing prohibits staff from advising a person returning a ballot of any deficiencies that are noted at intake which would permit the voter to promptly correct those deficiencies. Although a hand-delivered absentee ballot is not required to be enclosed in an outer return envelope (which is used for mailing), the ballot must be sealed, either in the ballot envelope or the return envelope, for it to be accepted. If the voter is returning their ballot and it is unsealed, the voter should be instructed to seal the ballot envelope. If someone other than the voter is returning the ballot, that person should be advised that the county board may not accept an unsealed ballot, and the ballot must be sealed by the voter or in the voter’s presence.4 It is not recommended that county board staff serve as a witness for a voter while on duty since staff may need to make determinations about the ballot acceptance or other decisions pertaining to the absentee balloting process. However, staff who are not involved in the review of absentee ballot envelopes may be permitted to serve as a witness since the potential for a conflict would not exist and this would provide a service to a voter that may have no other way to meet the witness requirements. Copying a Voter’s Photo ID for a Voter Hand-Delivering an Absentee Ballot A voter, or any person permitted to return an absentee ballot as noted above, may request that staff make a photocopy of the voter’s photo ID to accompany the absentee ballot when hand- delivering an absentee ballot to the county board of elections office. Early voting sites are not required to have a copier available for this purpose, but a county may choose to do so if it has the available resources and staff. If the photo ID is a type of ID acceptable for voting purposes under 08 NCAC 17 .0101(a)(1), staff are required to make a photocopy of the voter’s photo ID at no cost to the voter, and to ensure that the photocopy is readable so it will be deemed acceptable when it is reviewed by the county board.5 Staff do not need to complete the assistant section of the ballot envelope when 4 G.S. § 163-231(a)(3). See Numbered Memo 2021-03 for further information on return deficiencies. 5 See 08 NCAC 17 .0109(e). Staff should consult the list of approved photo IDs that has been distributed by the State Board to determine whether the photo ID is an acceptable type. If the photo ID requested to be copied is not an acceptable type, then staff should inform the person of this fact and invite the person to provide for copying any other photo ID that is acceptable. 3 performing this task. After staff have made the photocopy of the photo ID, they should return the photo ID to the person delivering the absentee ballot, and then have that person place the photocopy of the photo ID in the clear sleeve used for this purpose on the ballot envelope, place the ballot envelope in the return envelope, and then seal the return envelope before handing it over to staff for intake. If the return envelope is already sealed, staff should open the return envelope so that the person can accomplish this task.6 To avoid confusion when staff is later reviewing the absentee ballot materials for deficiencies, the intake staff person should note on the return envelope that it was opened to allow photo ID documentation to be provided in person. Log Requirement An administrative rule requires county boards to keep a written log when any person returns an absentee ballot in person.7 The contents of the log are prescribed in the administrative rule, and county boards shall use the form provided by the State Board which complies with this rule. Intake staff shall note on the log the date that it was received. Because of the log requirement, an absentee ballot may not be left in an unattended drop box. Board Consideration of Delivery and Log Requirements Failure to comply with the logging requirement, or delivery of an absentee ballot by a person other than the voter, the voter’s near relative, the voter’s legal guardian, or a person of the voter’s choice when the voter needs assistance due to disability, is not sufficient evidence in and of itself to establish that the voter did not lawfully vote their ballot.8 A county board shall not disapprove 6 Intake staff do not conduct a review of whether the person hand-delivering the absentee ballot reasonably resembles the photo on the photo ID when the absentee ballot is hand-delivered at the county board office or an early voting site. The law provides specific requirements that a county board is to ensure are met by photo ID documentation accompanying an absentee-by-mail ballot, and reasonable resemblance of the voter to their photo ID is not one of them. See 08 NCAC 17 .0109. 7 08 NCAC 18 .0102 requires that, upon delivery, the person delivering the ballot shall provide the following information in writing: (1) Name of voter; (2) Name of person delivering ballot; (3) Relationship to voter; (4) Phone number (if available) and current address of person delivering ballot; (5) Date and time of delivery of ballot; and (6) Signature or mark of person delivering ballot certifying that the information provided is true and correct and that the person is the voter or the voter's near relative. 8 Id. Compare G.S. § 163-230.2(3), which states that an absentee request form returned to the county board by someone other than an unauthorized person is invalid. 4 an absentee ballot solely because it was delivered by someone who was not authorized to possess the ballot. The county board may, however, consider the delivery of a ballot in accordance with the rule, 08 NCAC 18 .0102, in conjunction with other evidence in determining whether the ballot is valid and should be counted. Return at a County Board Office A voter may return their absentee ballot to the county board of elections office any time the office is open. A county board must ensure its office is staffed during regular business hours to allow for return of absentee ballots until the end of Election Day. . You are not required to accept absentee ballots outside of regular business hours. Similar to procedures at the close of polls on Election Day, if an individual is in line at the time your office closes or at the absentee ballot return deadline (5 p.m. on Election Day), a county board shall accept receipt of the ballot. If your site has a mail drop or unattended drop box used for other purposes, you must affix a sign stating that voters may not place their ballots in the drop box. However, a county board may not disapprove a ballot solely because it is placed in a drop box.9 In determining the setup of your office for in-person return of absentee ballots, you should consider and plan for the following: • Ensure adequate parking, especially if your county board office will be used as a one-stop site • Provide signage directing voters to the location to return their absentee ballot • Ensure the security of absentee ballots and the privacy of the photo ID documentation that accompanies the absentee ballot. Use a locked or securable container for returned absentee ballots that cannot be readily removed by an unauthorized person. • If your set-up allows the return of ballots outside, plan for the possibility of severe weather. You may need a tent or other covering. Have a plan for how crowd control will occur without the physical barriers of an office and the security of your staff and the balloting materials. For safety reasons, it is not recommended you keep an outside return location open after dark or during inclement weather. Return at an Early Voting Site Location to Return Absentee Ballots Each early voting site shall have at least one designated, staffed station for the return of absentee ballots. Return of absentee ballots shall occur at that station. The station may be set up exclusively for absentee ballot returns or may provide other services, such as a help desk, 9 Id. 5 provided the absentee ballots can be accounted for and secured separately from other ballots or processes. Similar to accepting absentee ballots at the county board of elections office, you should consider and plan for the following with the setup of an early voting location for in- person return of absentee ballots: • Have a plan for how crowd control will occur and how voters will be directed to the appropriate location for in-person return of absentee ballots • Provide signage directing voters • Ensure adequate parking and sufficient space for long lines • If your set-up allows the return of ballots outside, plan for the possibility of severe weather. You may need a tent or other covering. Have a plan for how crowd control will occur without the physical barriers of an office and the security of your staff and the balloting materials. For safety reasons, ensure that there is adequate lighting as voting hours will continue past dark. Because absentee ballots must be returned to a designated station, absentee ballots should not be returned in the curbside area. Procedures Absentee ballots that are hand-delivered must be placed in a secured container upon receipt, similar to how provisional ballots are securely stored at voting sites. Absentee-by-mail ballots delivered to an early voting site must be stored separately from all other ballots in a container designated only for absentee-by-mail ballots. The secure storage of absentee-by-mail ballots is also important because these ballots will be accompanied by photo ID documentation, which could contain confidential information. County boards must also conduct regular reconciliation practices between the log and the absentee ballots. County boards are not required by the State to log returned ballots into SOSA; however, a county board may require their early voting site staff to complete SOSA logging. If a voter brings in an absentee ballot and does not want to vote it, the ballot should be placed in the spoiled-ballot bag in such a way that will distinguish it from ballots issued to the voting site when later performing reconciliation. Voters who call the county board office and do not want to vote their absentee ballot should be encouraged to discard the ballot at home. Return at an Election Day Site An absentee ballot may not be returned at an Election Day polling place. If a voter appears in person with their ballot at a polling place on Election Day, they shall be instructed that they may (1) take their ballot to the county board office by 5 p.m. or mail it so it is postmarked that day and received by the deadline; or (2) have the absentee ballot spoiled and vote in-person at their polling place. 6 If someone other than the voter appears with the ballot, they shall be instructed to take it to the county board office or mail the ballot so it is postmarked the same day. If the person returning the ballot chooses to mail the ballot, they should be encouraged to take it to a post office to ensure the return envelope is postmarked. Depositing the ballot in a USPS mail box on Election Day may result in the return envelope not being postmarked by Election Day and therefore not being counted. Mailing Address: P.O. Box 27255 Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135 Numbered Memo 2021-03 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Absentee Container-Return Envelope Deficiencies DATE: June 11, 2021 (updated September 25, 2023)1 The State Board is required to provide a cure process for voters whose absentee ballot envelopes contain certain deficiencies.2 A cure process for photo ID documentation containing deficiencies, when that documentation is submitted with an absentee ballot, is provided through an administrative rule adopted by the State Board3 and is guided by this numbered memo. The cure process for all other absentee-by-mail deficiencies is guided by this numbered memo. 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. The ballot container-return envelope (ballot envelope) and the accompanying photocopy of the voter’s photo ID or completed Photo ID Exception Form (photo ID documentation) are transmitted to the county board in an outer return envelope. This numbered memo directs the procedure county boards must use to address deficiencies in the envelopes and photo ID documentation, to ensure that a voter is provided every opportunity to correct certain deficiencies, while also recognizing that processes must be manageable for county boards to timely complete required tasks. 1 This numbered memo replaces Numbered Memo 2020-19, which was first issued on August 21, 2020 and subsequently revised and reissued on September 22, 2020, and October 17, 2020. This numbered memo was updated on September 25, 2023, to include processes related to photo ID requirements for absentee-by-mail voting. 2 See Democracy NC v. State Board of Elections, 476 F.Supp.3d 158 (M.D.N.C. Aug. 4, 2020). 3 08 NCAC 17 .0109(b). 2 No Signature Verification Verification of the voter’s identity is completed through the witness requirement. The voter’s signature on the envelope shall not be compared with the voter’s signature in their registration record, or the voter’s signature on their photocopy of photo ID or Photo ID Exception Form submitted with their ballot, because this is not a requirement for the approval of an absentee ballot under North Carolina law.4 County boards shall accept the voter’s signature on the ballot 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 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. Types of Deficiencies Trained county board staff shall review each return envelope, executed ballot envelope, and photo ID documentation the office receives to determine if there are any deficiencies. County board staff shall, to the extent possible, regularly review these absentee ballot materials on each business day, to ensure that voters have every opportunity to timely correct deficiencies. Review for deficiencies occurs after intake. The initial review is conducted by staff to expedite processing of the envelopes in advance of a county board absentee meeting.5 There are three categories of deficiencies: 1) return deficiencies, 2) ballot application deficiencies, and 3) photo ID documentation deficiencies. 1. Return Deficiencies Previously, a voter transmitted their absentee-by-mail ballot to the county board in a single ballot container-return envelope. However, with the implementation of photo ID requirements starting with the 2023 municipal elections, the ballot envelope is now transmitted to the county board in an outer return envelope to ensure the privacy of the accompanying photo ID documentation. As a result, there may be certain instances where the return of the absentee ballot requires the ballot to be spoiled and the absentee package reissued to the voter. 4 See In re: Request for Declaratory Ruling on Signature Matching for Absentee Ballot Requests and Ballot Envelopes, N.C. State Bd. of Elections (July 22, 2022). See also Numbered Memo 2020-15, which explains that signature comparison is not permissible for absentee request forms. 5 See Numbered Memo 2020-25 regarding preparatory steps for absentee meetings. 3 Deficiencies that Require the Ballot to Be Spoiled (Civilian) • Ballot is inside the ballot envelope, which is not sealed or which appears to have been opened and re-sealed, and the ballot envelope is received in a return envelope which is not sealed or which appears to have been opened and re-sealed.6 • Ballot is inside the executed ballot envelope, which is not sealed, and someone other than the voter hand delivers the ballot envelope to an early voting site or the county board office, and the return envelope is also unsealed or there is no return envelope. Even if the person is authorized to return this ballot, they cannot seal the ballot without the voter being present. The voter must direct that the ballot be sealed “in the voter’s presence.”7 • The return or ballot envelope indicates the voter is requesting a replacement ballot. If a county board identifies one of these deficiencies, county board staff shall spoil the returned ballot and reissue a ballot, as long as the new ballot is issued before Election Day, along with a notice explaining the county board office’s action, in accordance with this numbered memo. Anomalies that Are Not Deficiencies (Civilian) • Ballot is inside the executed ballot envelope, which is not sealed or which appears to have been opened and re-sealed, but the ballot envelope is received in a sealed return envelope. Immediately upon opening the return envelope and noticing this situation, staff should re-seal the return envelope with a notation of “sealed in return envelope.” The county board should open the return envelope and address that ballot at its next absentee meeting.8 • Ballot is not inside the ballot envelope or has been placed inside the clear sleeve on the ballot envelope used for including the photo ID documentation, but the return envelope is sealed. Immediately upon opening the return envelope and noticing this situation, staff should re-seal the return envelope with a notation of “sealed in return envelope.” The county board should open the return envelope and address that ballot at its next absentee meeting.9 6 Ballots must be “sealed in the container-return envelope.” G.S. § 163-230.1(d); see also G.S. § 163-231(a)(3). 7 G.S. § 163-231(a)(3). 8 In this situation, for the purposes of staff's initial review of photo ID documentation pursuant to 08 NCAC 17 .0109(b), the ballot application is not “received” until the return envelope is opened at the absentee meeting. 9 In this situation, for the purposes of staff's initial review of photo ID documentation pursuant to 08 NCAC 17 .0109(b), the ballot application is not “received” until the return envelope is opened at the absentee meeting. 4 • Ballot is received in a return envelope that is not sealed or appears to have been opened and re-sealed, but the ballot is inside the executed ballot envelope that is sealed. This situation does not require any special action to document the anomaly before presenting the ballot envelope to the county board. • Ballot is inside the executed ballot envelope, which is not sealed, and the voter hand delivers the ballot envelope to an early voting site or the county board office. Before taking receipt of the envelope, staff should request that the voter first seal the ballot envelope. In all of the above situations, the ballot was received in a sealed envelope and is therefore not deficient.10 A person hand-delivering the absentee ballot, whether it is the voter or someone authorized to return the voter’s ballot, is not required to deliver the ballot envelope inside the return envelope for the absentee application to be approved. The return envelope is designed to protect the voter’s confidential identifying information during mail transit. If the person hand-delivers only the sealed ballot envelope, staff should follow their usual storage practices and keep the ballot envelope in a secure location, which may include placing the ballot envelope in a new return envelope for storage purposes. 2. Ballot Application Deficiencies The ballot application is the form on the ballot envelope that is completed by the voter, their witnesses or notary, and assistant (if applicable).11 Ballot application deficiencies fall into two main categories: those that can be cured with a certification by the voter, 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 new ballot is issued before Election Day. See the Voter Notification Section below. Deficiencies Curable with Cure Certification (Civilian and UOCAVA) The following deficiencies can be cured by sending the voter a cure certification: • Voter did not sign the Voter Certification. • Voter signed in the wrong place. The cure certification process applies to civilian and UOCAVA voters. 10 G.S. §§ 163-230.1(d), 163-231(a)(3). 11 G.S. § 163-229(b). 5 Deficiencies that Require the Ballot to Be Spoiled (Civilian) The following deficiencies cannot be cured by certification, because the missing information comes from someone other than the voter: • The name of the witness or assistant is not printed,12 unless the witness’s or assistant’s signature is legible such that the name can be determined, in which case the ballot envelope is not deficient and the ballot shall not be spoiled for this reason. • A witness or assistant did not print their address.13 • A witness or assistant did not sign. • A witness or assistant signed on the wrong line. Where the witness or assistant signed in place of the voter’s signature, that deficiency cannot be cured and requires the ballot to be spoiled. Otherwise, however, if all required information from the witness or assistant is present but not on the designated line for each (for example, the witness or assistant printed their name on the address line, printed their address on the name line, and signed), the ballot envelope is not deficient and the ballot shall not be spoiled for this reason. Additionally, when a voter’s witness is a notary, two errors in the notarial certificate cannot be cured by certification and will result in the ballot being spoiled: 1) the notary’s signature is missing, or 2) the notarial seal is missing altogether or contains missing information. As discussed in Numbered Memo 2021-07, other technical errors with the notarial certificate will not affect the sufficiency, validity, or enforceability of the notarial certificate itself or the underlying document and are not considered deficiencies. 12 If the printed name is readable and on the correct line, even if it is written in cursive script, for example, it does not invalidate the ballot envelope. 13 Failure to list a witness’s ZIP code does not invalidate the ballot envelope. G.S. § 163- 231(a)(5). A witness’s 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 does not invalidate the ballot 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 ballot spoiled and a new ballot reissued. See Numbered Memo 2020-29 for additional information regarding address issues. 6 3. Photo ID Documentation Deficiencies When a voter includes photo ID documentation with their absentee ballot envelope, there may be deficiencies in that documentation that require a cure notice to be sent to the voter. All deficiencies with a voter’s photo ID documentation are curable, because the cure documentation comes from the voter. Photocopy of Photo ID Deficiencies Deficiencies in a photocopy of a voter’s photo ID include: • The ID is not a type of ID that is acceptable for voting purposes under 08 NCAC 17 .0101(a)(1). • The ID does not meet expiration requirements, if applicable. • The photocopy is not readable, which means that the name on the ID cannot be read, the photograph on the ID does not depict a person (e.g., it only depicts a shadow or outline of a person), or both. • The name on the ID is not the same as or substantially equivalent to the voter’s name in their voter record. Any difference between the voter’s address on their ID and the address in their registration record is not a deficiency. Photo ID Exception Form Deficiencies Deficiencies in a Photo ID Exception Form include: • The voter did not print their name on the Form, unless the voter’s signature on the Form appears to be made by the voter, meaning the signature on the Form appears to be the name of the voter and not some other person. The county board shall presume that the voter’s signature is that of the voter, even if the signature is illegible, unless there is clear evidence to rebut this presumption. • The voter did not check a box for at least one claimed exception from the photo ID requirements, or if the exception is a reasonable impediment, the voter failed to identify their specific reasonable impediment (including by writing their reason if they chose “Other”14). 14 If the voter writes a reason for “Other” but does not check the “Other” box, the Form is not deficient for that reason alone. 7 • If the reasonable impediment chosen is that the voter is unable to make a photocopy of their ID to include with their ballot, the voter did not include their North Carolina driver’s license number, DMV ID number, or last 4 digits of their social security number.15 • The voter did not sign the Form.16 Additionally, a voter’s failure to include any photo ID documentation—either a photocopy of their ID or an Exception Form—is a deficiency that may be cured. A voter may respond to a notification that their ballot is missing photo ID documentation by stating that it is in the ballot envelope. If this occurs, staff must defer the review of the photo ID documentation to the next absentee board meeting, when the county board can review the application and, if approved, open the ballot envelope and confirm photo ID compliance.17 If the board identifies a photo ID deficiency at that point, staff should be instructed to notify the voter of the opportunity to cure as explained further in this memo. Although a county board’s finding that a Photo ID Exception Form is false will result in the absentee ballot being rejected, this is not a “deficiency” in the same sense as the ones listed above. Staff deficiency review of Photo ID Exception Forms is for completeness—not falsity. A board’s finding of falsity can only come after the board considers other information and gives the voter notice and an opportunity to be heard on the matter. See Numbered Memo 2020-25, p 8 (“Review of Photo ID Exception Forms”). 4. 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 is in the ballot envelope, more than one ballot is in the ballot envelope, or two voters’ ballots and ballot envelopes were switched. If the county board disapproves a ballot envelope by majority vote in a board meeting, it shall proceed according to the notification process outlined below. If the county board disapproves a ballot for 15 G.S. § 163-230.1(g)(2). 16 If a voter is unable to sign the Photo ID Exception Form due to a disability, the person of the voter’s choice who is assisting them can sign the Form on the voter’s behalf and must complete the assistant certification on the envelope. See Numbered Memo 2022-11, p. 3 (Court Order Regarding Assistance for Absentee Voters with Disabilities). 17 This does not prevent the voter from also choosing to send photo ID cure documentation to the county board while its review of the application is pending, and staff may encourage the voter to do so when time is of the essence. 8 a reason based on the voter’s photo ID documentation, it shall proceed according to the notification process in 08 NCAC 17 .0109 and as outlined below. Voter Notification Issuance of an Absentee Ballot Deficiency Notification or New Ballot If there are any return deficiencies or ballot application deficiencies, 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, enclosing an absentee ballot deficiency notification, which contains the cure certification, or a new ballot. The written notice shall also include information on how to vote in-person during the early voting period and on Election Day. When the voter is issued a new ballot, they must include new photo ID documentation with their ballot when transmitting it back to the county board, because each absentee ballot envelope “returned to the county board . . . shall be accompanied by” a photocopy of the voter’s photo ID or Photo ID Exception Form.18 The written notice shall be sent to the address to which the voter requested their ballot be sent. The outside of the envelope containing the new ballot or absentee ballot deficiency notification should be in an official envelope so that it indicates that it contains official election mail, unless it is not possible due to the use of a specialized USPS or commercial carrier service envelope. If the deficiency can be cured and the voter has an email address on file, the county board shall also send the absentee ballot deficiency notification to the voter by email. If the county board sends the notification by email and by mail, the county board should encourage the voter to only return one of the notifications with the certification. 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 mailed the voter an absentee ballot deficiency notification. 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 by mail 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. If there is a photo ID documentation deficiency, the county board must follow the cure process in 08 NCAC 17 .0109(b). The county board must 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, 18 N.C.G.S. § 163-230.1(f1). 9 enclosing an absentee ballot deficiency notification that identifies the specific deficiencies with the photo ID documentation. The notification must also inform the voter that the voter, the voter’s verifiable legal guardian or near relative, or a person of the voter’s choice if the voter needs assistance due to the voter’s disability, may provide the photo ID cure documentation to the county board. Staff must additionally notify the voter by telephone or email, using any telephone number or email address contained in the voter’s registration record or provided by the voter when requesting an absentee ballot. The photo ID cure documentation can be either a new photocopy of the voter’s photo ID or a new Absentee Photo ID Exception Form. A voter who submitted a deficient photocopy of their photo ID may also submit a Photo ID Exception Form for the first time. A voter may choose to do so because, in this instance, it is now likely that they are unable to make a photocopy of their ID to include with their ballot. Likewise, a voter who submitted a deficient Photo ID Exception Form may also submit a photocopy of a photo ID for the first time. A voter may choose to do so because they may have obtained a photo ID, or the means to make a photocopy, since the time at which they transmitted their absentee ballot to the county board. Accordingly, when sending an absentee ballot deficiency notification for a photo ID documentation deficiency, the county board must include a blank Absentee Photo ID Exception Form. Receipt of a Cure Certification or Photo ID Cure Documentation The cure certification or photo ID cure documentation must be received by the county board of elections by 5 p.m. the day before county canvass. The cure documents may only be returned by the voter, the voter’s near relative or legal guardian, a multipartisan assistance team (MAT), or a person of the voter’s choice if the voter needs assistance due to the voter’s disability.19 A cure document returned by any other person is invalid. The cure documents may be submitted to the county board office by email, by mail or commercial carrier, in person, or by fax. There is not a postmark requirement for cure documents returned by mail – the documents must be received by the deadline, not postmarked by the deadline. If a voter appears in person at the county board office, they may also be given, and can complete, a cure certification. Similarly, a voter may appear in person and complete a Photo ID Exception 19 Voters who require assistance in returning their ballot due to the voter’s disability, can direct the person of their choice to return the ballot according to the voter’s instruction (i.e., by mail or in person to the county board). See Numbered Memo 2022-11. 10 Form to accompany the ballot envelope20, or request that staff make a photocopy of the voter’s photo ID to accompany the ballot envelope.21 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, making a photocopy of the voter’s photo ID, or filling out the Photo ID Exception Form, but the certification and Photo ID Exception Form must be signed by the voter.22 A wet ink signature is not required for cure documents, 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 an electronic signature program, such as DocuSign. County Board Review of Cure Documentation At each absentee board meeting, the county board of elections may consider deficient ballot return envelopes for which cure documentation has been returned, whether a cure certification or photo ID documentation. The county board shall consider together the executed absentee ballot envelope and the cure documentation. If the cure documentation was timely received, includes the required documentation or attestations, and was returned by an authorized person, the county board of elections shall approve the absentee ballot. See Numbered Memo 2020-25. 20 The option to complete a Photo ID Exception Form in the county board office is only available for voters who are voting absentee-by-mail. Voters who vote in person at an early voting site or on Election Day must complete the Photo ID Exception Form at the voting site. See Numbered Memo 2023-03. 21 See Numbered Memo 2020-23 regarding staff making photocopies of photo IDs for inclusion with an absentee ballot envelope. 22 If a voter is physically unable to sign or make their mark on the Photo ID Exception Form due to disability, any person of that voter’s choice can write in the signature line, “Disabled - cannot sign.” See Numbered Memo 2022-11. Mailing Address: P.O. Box 27255 Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135 Numbered Memo 2020-25 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Absentee Board Meetings DATE: September 22, 2020 (updated September 23, 2020, and September 18, 2023) This numbered memo addresses the requirements and procedures for conducting absentee ballot meetings, as set forth in state law. It also addresses questions that are commonly asked in connection with absentee meetings or the review and custody of absentee ballots. Legal Requirements for Absentee Meetings General Requirements Beginning every Tuesday on the fifth Tuesday before Election Day, county boards of elections must hold a public meeting at 5:00 p.m. to review and act upon absentee ballots.1 The county board of elections may change the time of these meetings (to an earlier or later time) and may provide for additional meetings. However, absentee meetings may not be held prior to the fifth Tuesday before Election Day. Any meetings that are held at a different time on Tuesdays and any additional meetings must be noticed in a county newspaper at least 30 days prior to the election. You must also send notice of absentee meetings to your regular notice list, including to the county political parties. At each absentee board meeting, the board must act upon all absentee container-return envelopes received prior to that meeting and after the previous absentee meeting.2 An absentee meeting must be held if there are any absentee ballots (absentee by mail or one-stop early voting ballots) for the board to review. Absentee meetings should only be cancelled if the board has not 1 G.S. §163-230.1(f). 2 See G.S. § 163-230.1(e): “At its next official meeting after return of the completed container- return envelope with the voter’s ballots, the county board of elections shall determine whether the container-return envelope has been properly executed.” (Emphasis added.) 2 received any absentee container-return envelopes since the last absentee meeting.3 If you anticipate a high volume of absentee ballots returned, it is strongly recommended that your board schedule additional absentee board meetings and/or begin meetings earlier than 5:00 p.m. A county board may recess an absentee board meeting to a date and time certain if it is not possible to complete review of absentee ballots during the specified meeting period. The notice should be sent as soon as possible but it is not required to be sent 48 hours in advance of the reconvened meeting if that is not possible based on when the meeting was recessed from. To determine how many additional absentee meetings you need to schedule, consider how many absentee ballot requests your county has received to date, how many total requests your county received for a similar election in the past, and estimate how many requests you anticipate based on the county’s current rate of requests. For example, if your county received 6,000 requests in November 2016 and you anticipate a 50% increase for the November 2024 election, that would be 9,000 requests total. If you have six absentee board meetings and everyone who requested a ballot returned one, your board would need to consider approximately 1,500 ballots per meeting. If your board scheduled ten absentee meetings, your board would consider around 900 ballots per meeting. County Board Member Attendance Absentee board meetings require a quorum of members present. A quorum is three members.4 If at all possible, at least one member from each political party should be represented at each absentee meeting when the board is approving absentee applications. Because board members must be able to view absentee envelopes in order to approve or disapprove the ballot, a quorum of board members must be physically present during each absentee board meeting. Once a quorum is physically present, remaining board members may attend the meetings via live video feed, but they must have a secure way to view the meeting and to participate. They must be able to view all materials that board members are reviewing to make decisions on the absentee envelopes. 3 See G.S. § 163-230.1(f), entitled “Required Meeting of County Board of Elections”: “During the period commencing on the fifth Tuesday before an election . . . the county board of elections shall hold one or more public meetings each Tuesday at 5:00 p.m. for the purpose of action on applications for absentee ballots.” (Emphasis added.) 4 G.S. § 163-31(d): “A majority of the members shall constitute a quorum for the transaction of board business.” 3 A majority of board members present at a meeting must vote for an action for it to pass. Public Attendance Absentee board meetings are public meetings and are subject to North Carolina’s open meetings laws. For absentee meetings, it is recommended that the county board locate a meeting room large enough to accommodate members of the public. If it is not possible to procure a sufficiently large space for those who may want to attend in person, the county board of elections should consider broadcasting the absentee board meetings via video feed using a service such as WebEx or Microsoft Teams. The public in attendance must be able to see and hear the proceedings without compromising the secrecy of any voter’s ballot. Staff must ensure that the public cannot view any voted ballots or other confidential information, such as a photocopy of a voter’s photo ID included with their ballot or a ballot identifier number (CIV, MIL, etc.), either in person or on a video feed. County board members and staff must be particularly mindful of ballot secrecy when duplicating ballots and inserting ballots into the tabulator. The public is not permitted to disrupt the process of adjudicating the validity of absentee applications by the board and is not part of the deliberation process during absentee board meetings. The decision of the county board of elections as to the validity of an envelope is final and is not subject to public comment, objection, or review.5 Confidentiality of Absentee Register G.S. § 163-228 requires county boards of elections to keep a register of absentee ballot requests that includes information about the request, the address to which the ballot should be sent, the date of the request, the voter’s precinct, and other information. The absentee request register is confidential and not a public record until Election Day.6 County boards of elections are not permitted to release copies of absentee request forms or identifying information that could be used to determine that a voter requested an absentee ballot. 5 G.S. § 163-230.1(f): “At these meetings, the county board of elections shall pass upon applications for absentee ballots. . . . The decision of the board on the validity of an application for absentee ballots shall be final subject only to such review as may be necessary in the event of an election contest.” 6 G.S. § 163-228(c). 4 Absentee request data is no longer confidential when the ballot is returned to the county board of elections office.7 Therefore, names of absentee voters may be read aloud during the absentee board meetings, as the ballot has been returned to the county board office at that point. If, however, a ballot has been delivered but there is a deficiency requiring the ballot to be spoiled and reissued, that voter’s name cannot be read aloud or otherwise disclosed, because that voter’s ballot is still outstanding. Reading from lists of voters who have requested absentee ballots or otherwise releasing the names of voters with outstanding requests is prohibited until the ballot is returned or until Election Day. It is a Class G felony for a person to “steal[], release[], or possess[] the official register of absentee requests for mail-in absentee ballots as provided in G.S. 163-228 prior to the opening of the voting place.”8 This does not apply to a ballot that has been received by the county board and is in a pending cure status, because at that point the ballot has been returned and it is only the cure certification for the voter’s signature deficiency or the voter’s photo ID cure documentation that must be submitted for the absentee application to be complete. Confidentiality of Copies of Photo ID and Information on a Photo ID Exception Form The photocopy of a voter’s photo ID is confidential and not a public record subject to disclosure.9 This means that the photocopy of the photo ID cannot be redacted and disclosed, because the entire photocopy is a confidential record under the law. The public is not permitted to view or receive copies of a voter’s copy of their photo ID submitted with their absentee ballot. A Photo ID Exception Form is a public record. However, the Form is likely to contain confidential information that must be redacted, when submitted with an absentee ballot. The most common reason for submitting a Photo ID Exception Form with an absentee ballot is likely to be that the voter is unable to make a photocopy of their ID to include with their ballot, which is a “reasonable impediment” specifically identified in the law.10 When choosing this option, the voter is required to write on the Form their North Carolina driver’s license number, DMV ID 7 See G.S. § 163-233(b), which makes the list of absentee applications received by the county board a public record. 8 G.S. § 163-237(d6). 9 G.S. §§ 163-82.10(a1) and 163-233(a). 10 G.S. § 163-230.1(g)(2). 5 number, or last 4 digits of their social security number.11 The public is not permitted to view this confidential information during an absentee meeting.12 Procedures for Review of Absentee Ballot Materials At each absentee board meeting, the county board of elections will review each absentee ballot container-return envelope (ballot envelope) to determine whether it has been properly executed and is accompanied by either a photocopy of the voter’s photo ID or a completed Photo ID Exception Form (photo ID documentation), and if so, to approve the application and ballot.13 Given the volume of absentee ballots the county board is required to review and act upon at each meeting, certain preparatory work should be performed by staff in advance, and the board should consider ways to streamline the process. Delegation of Preparatory Work The county board of elections has the authority to delegate to its director “so much of the administrative detail of the election functions, duties, and work of the board, its officers and members, as is now, or may hereafter be vested in the board or its members as the county board of elections may see fit.”14 However, the board may not delegate to a director or other staff any of its quasi-judicial or policymaking duties and authority. Based on the volume of absentee ballots a county board anticipates receiving, the county board should determine which preparatory tasks staff can complete prior to absentee board meetings. A delegation of administrative duties by the board to the director or staff should occur by majority vote. The delegation may be by resolution or the approved motion should be documented in the minutes. It should delegate specific preparatory steps that staff can perform prior to absentee board meetings, and the delegation must provide for oversight by the board. Preparatory steps include: • Inspecting ballot envelopes and return envelopes for deficiencies and contacting voters as required by Numbered Memo 2021-03. Please note that voters must be contacted within one business day of when staff identify the deficiency. It is not permissible to wait for the absentee board meeting to contact the voter about a deficiency. 11 G.S. § 163-230.1(g)(2). 12 Similarly, in the rare situation when a voter writes confidential information in the “Other” line on the Photo ID Exception Form, the county board would need to redact that information too. 13 G.S. § 163-230.1(e), (f), and (f1). 14 G.S. § 163-35(d). 6 • Sorting ballot envelopes with accompanying photo ID documentation into categories for the board to review and take action (e.g., approve or reject). • Verifying the list of ballot envelopes against the absentee pollbook. • Performing ballot duplication with a bipartisan team. A delegation of administrative duties to the director or staff does not need to include a preliminary review of photo ID documentation for deficiencies because this has already been tasked to staff by an administrative rule adopted by the State Board.15 Staff Review of Envelopes Upon receipt of an absentee ballot at the county board office, staff must review the materials accompanying the ballot—the photo ID documentation and the ballot envelope/application—to ensure there are no deficiencies. First, staff must confirm that the voter has included the necessary photo ID documentation and, if so, review that documentation to ensure that it meets the requirements of the administrative code provisions governing the approval of photo ID for absentee ballots, 08 NCAC 17 .0109(a) & (b). If the voter has included a photocopy of their photo ID, then staff should make an initial determination that: • The ID is a type of ID that is acceptable for voting purposes; • The ID meets any applicable expiration requirements; • The name on the ID can be read; • The photograph on the ID depicts a person (not a shadow or outline of a person); and • The name on the ID is the same as or substantially equivalent to the voter’s name in their voter record. If the voter has included a Photo ID Exception Form, then staff should make an initial determination that the voter has: • printed their name; • checked the box for at least one claimed exception from the photo ID requirements; and • signed the Form.16 15 08 NCAC 17 .0109(b). 16 If a voter is unable to sign the Photo ID Exception Form due to a disability, the person of the voter’s choice who is assisting them can sign the Form on the voter’s behalf and must complete the assistant certification on the envelope. See Numbered Memo 2022-11, p. 3 (Court Order Regarding Assistance for Absentee Voters with Disabilities). 7 If any deficiency exists with either a photocopy of the voter’s photo ID or a voter’s Photo ID Exception Form, staff must follow the photo ID cure process in 08 NCAC 17 .0109(b) and as described in Numbered Memo 2021-03. Second, staff must inspect the absentee ballot envelope to make an initial determination as to whether the envelope was properly executed, and if there is a deficiency with the envelope, whether that deficiency can be cured by the voter. If a voter signature deficiency exists, staff must follow the cure process in Numbered Memo 2021-03. Third, staff should perform an initial sort of ballot envelopes into categories upon initial review and to present those recommendations to the board at each absentee board meeting. Those categories may include designations for recommended approval, recommended disapproval, envelopes awaiting a cure certification or photo ID cure documentation, and those that staff have questions about that require deliberation by the board. The delegation may also require staff to prepare a report to the board indicating the number of ballot envelopes in each category for reconciliation purposes. Board Review of Envelopes The board may, by majority vote, accept staff’s recommendation for absentee ballot envelopes that staff have reviewed and recommended for approval. The delegation must include a process for the board to spot-check the envelopes and photo ID documentation to ensure accuracy and consistency. However, the board must individually review all ballot envelopes that: (1) have been recommended for disapproval by staff, (2) have a cure certification associated with that ballot envelope, or (3) where staff need further guidance from the board as to whether the envelope was properly executed or the photo ID documentation meets all legal requirements. It is also permissible for bipartisan teams of board members to pair off to review absentee ballot envelopes during each meeting, if the board votes to allow this. Whether the county board delegates the initial review of absentee envelopes to staff or chooses to have a bipartisan team of board members review envelopes during the meeting, all board members present at the meeting must approve or disapprove the ballots. A decision as to whether an envelope is properly executed and whether the photo ID documentation meets all requirements must be decided by a vote of the board as a whole and not by individual members.17 A board’s decision to disapprove a ballot based on a finding that a voter’s Photo ID 17 G.S. § 163-230.1(f) (“The county board of elections shall constitute the proper official body to pass upon the validity of all applications for absentee ballots received in the county; this function shall not be performed by the chairman or any other member of the board individually.”); see also 08 NCAC 17 .0109(c) (“Final Review by County Board”). 8 Exception Form is false can only be made by unanimous decision of all members of the board participating in the vote, and that decision must be in writing.18 A decision to disapprove a ballot for any other reason, or to approve the ballot, is by majority vote. Review of Photo ID Exception Forms The board must also individually review all completed Photo ID Exception Forms where staff has indicated that available information may lead the board to conclude that the Form is false. When staff has given this indication to the board, or if a board member raises a question as to the falsity of the Form after staff review, the voter must be given notice and an opportunity to be heard on the information that will be considered by the board, unless one or more board members disagree that there are grounds to believe the affidavit is false (in which case there is no need to notify the voter, since a finding of falsity on the Form must be unanimous).19 If the board is considering a finding of falsity, the board’s review of the envelope should remain in a pending status until the absentee meeting at which the voter has the opportunity to be heard, and the board can only make a final decision on the approval or disapproval of the envelope after the voter has that opportunity to be heard regarding their Form. Numbered Memo 2023-03 contains guidance as to what may be considered by a county board when reviewing a voter’s Photo ID Exception Form. Review of Photo ID Photocopies If the board reviews a photocopy of a voter’s photo ID that staff have identified as being acceptable, but unanimously determines that the photocopy of ID does not meet all legal requirements, staff are required to notify the voter.20 If this determination is made at an absentee meeting prior to the county canvass, the board’s review of the envelope should remain in a pending status until the county canvass, because in this instance the voter can still submit a new photocopy of their photo ID, or a Photo ID Exception Form if they are unable to submit a photocopy of their photo ID. Review of Deficient Photo ID Documentation that Is Uncured If staff has indicated that a voter’s photocopy of their photo ID or Photo ID Exception Form is deficient, and the photo ID documentation remains uncured, the board must reserve its final decision on the approval of the envelope until the county canvass and, when doing so, must individually review the photo ID documentation that has not been cured.21 An uncured 18 08 NCAC 17 .0109(c)(2). 19 08 NCAC 17 .0109(c). 20 08 NCAC 17 .0109(c)(1). 21 08 NCAC 17 .0109(c)(3). 9 deficiency with the photo ID documentation does not prevent the board from making a preliminary determination on the envelope when staff has indicated further guidance is needed as to a potential deficiency, so that any envelope-related deficiencies can also be identified and the voter notified. Formalizing Approval of Envelopes After absentee envelopes and accompanying photo ID documentation are approved by the board, the task of stamping every envelope with “Approved” and stamping or otherwise affixing the chair’s signature or initials to the ballot envelopes may be delegated to staff. Alternatively, the board’s delegation may authorize the board to sign a cover sheet containing a list of envelopes that were acted upon during the meeting and indicating whether those envelopes were approved or disapproved in lieu of signing the individual envelopes. The delegation may also apply to review and approval of one-stop absentee applications. Scanning Absentee Ballots at Absentee Board Meetings It is important to distinguish between scanning and tabulating approved ballots, because the law permits each task to occur at different times. “Scanning” is a preparatory step that occurs when the approved absentee ballots are opened, removed from the envelope, and inserted into the tabulator. The tabulator reads the ballots but does not print the totals at that time, and no election returns are released. “Tabulating” or “counting” occurs on Election Day and involves closing the polls on a tabulator and printing tabulated results from ballots that have been previously scanned. A county board of elections may, by majority vote, decide to scan absentee ballots during each absentee meeting.22 If a county board anticipates a large volume of absentee ballots, it is strongly recommended that the board authorize the scanning of approved ballots during absentee board meetings instead of waiting until Election Day. The scanning cannot begin until a majority of the board members and at least one board member of each political party is in attendance. If a board member of each political party is not available, the chair or other member of the executive committee of the county political party of the absent member must be present. The political party representative shall act as an official witness to the scanning and shall sign the absentee ballot abstract as an “observer.”23 Staff may enter the approved ballots into the tabulator, but each board member present is responsible for and must observe and supervise the opening of the envelopes and scanning of the 22 G.S. § 163-234(3). 23 G.S. § 163-234(9). 10 ballots.24 It is not permissible for approved ballot envelopes to be opened, for ballots to be removed from the envelope, or for ballots to be inserted into the tabulator outside of a board meeting. These tasks cannot be delegated to staff to complete outside of a board meeting. If the board chooses to scan approved ballots during absentee meetings, it should consider ways to make the process as efficient and streamlined as possible. For example, the board could approve staff-recommended ballots first, then direct the staff to open those envelopes and enter the ballots into the tabulator while the board reviews the envelopes that require further consideration and those that staff have recommended be disapproved. Scanning of ballots must be performed during a board meeting, and if scanning occurs before Election Day, ballots must be scanned at the same meeting during which they were approved.25 The number of approved absentee ballots must be reconciled with the number of ballots inserted into the tabulator. Reconciliation should be completed at each board meeting. If it is not possible to scan all approved ballots at that meeting, the board may recess the scanning to a time and date certain, which could be the next absentee board meeting. The county board should send out the notice as soon as possible but it is not required to be sent 48 hours in advance of the reconvened meeting. Ballots should be processed in groups, so that ballots from all opened ballot envelopes are processed in the same meeting. Election Day Meeting County boards are strongly encouraged to begin counting ballots at 2 p.m. rather than 5 p.m. on Election Day to avoid a delay in absentee results being released on election night.26 County boards may begin counting UOCAVA ballots beginning at 9 a.m. on Election Day. To begin counting ballots prior to 5 p.m., a county board must adopt a resolution at least two weeks prior to the election stating the hour and place of the counting of absentee ballots. The resolution also may provide for an additional meeting following the day of the election and prior to the day of canvass to count absentee ballots received pursuant to G.S. 163-231(b)(ii) or (iii) as provided in subdivision (11) of G.S. § 163-234. A copy of the resolutions shall be published 24 G.S. § 163-234(5). 25 G.S. § 163-234(3): “Notwithstanding the provisions of subdivision (2) of this section, a county board of elections may, at each meeting at which it approves absentee ballot applications pursuant to G.S. 163-230.1(c) and (c1), remove those ballots from their envelopes and have them read by an optical scanning machine, without printing the totals on the scanner.” (Emphasis added). 26 G.S. § 163-234(2). 11 once a week for two weeks prior to the election, in a newspaper having general circulation in the county. Notice may additionally be made on a radio or television station or both, but such notice shall be in addition to the newspaper and other required notice. At its meeting on Election Day, county boards must count all absentee ballots that have come in prior to 5 p.m. on the day before Election Day. No absentee ballot counting results may be released until after the polls close. Ballot Duplication UOCAVA ballots and ballots that have been damaged or otherwise cannot be read by the tabulator must be duplicated in order to be scanned by the machine and to avoid having to manually enter the voter’s selections into the reporting software. County boards may adopt a policy to authorize a bipartisan team of staff members or poll workers to duplicate ballots outside of an absentee board meeting. The policy must include the following: • Each bipartisan duplication team must consist of at least three staff members, with no more than two members being of the same political affiliation. It is a best practice to have at least four members, two of each political party, to ensure accuracy. • The director must supervise and train all members of the duplication team and assign the following roles: o Ballot Caller – Announces the voter’s selections listed on the original ballot to the Ballot Duplicator and Ballot Reviewer. o Ballot Duplicator – Replicates the voter’s selections from the original ballot onto the machine-readable ballot as instructed by the Ballot Caller. o Ballot Reviewer – Reviews the Ballot Caller’s readings from the original ballot and compares it to the selections recorded on the machine-readable ballot by the Ballot Duplicator to ensure accuracy. It is a best practice to have two ballot reviewers, one who will review the selection announced by the Ballot Caller and one who will review the selection made by the Ballot Duplicator. • Prior to the start of the ballot duplication process, each member of the bipartisan duplication team must complete a participation log noting the date, time, and their name, role, and party affiliation. • During the ballot duplication process, the duplication team is not permitted to leave each other’s immediate presence until the process has been completed, unless authorized by the director. • All duplicated ballots must contain the following in the blank box at the top of each ballot: o A notation (for example, “DUP”) to indicate the ballot is a duplicate of the original. o The ballot number assigned to the voter. o The precinct of the voter. 12 • Upon completion of the process, the team must do the following: o Ensure that the duplicated ballots are attached to the corresponding original ballots for the Board to verify at its next scheduled meeting. o Enter the time of completion and their signatures to the ballot duplication log. o Provide the completed duplication log and the ballots to the director. • The director must ensure that the ballots are kept in a secured container until the next absentee board meeting. • The board must review each duplicated ballot at its next scheduled board meeting prior to approval of the ballots. It is a best practice to have a duplication team present at every meeting to duplicate any damaged ballots that are identified during the board meeting. Duplicating ballots at the board meeting when the ballot envelope was approved reduces the likelihood of mistakes. Control of Board Meeting The county board of elections is responsible for maintaining control at its absentee board meetings. The county board must ensure that the public receives proper notice of the board meeting and is given the opportunity to attend. However, because state law vests members of the county board with the duty to approve absentee ballots and the board’s decision is final, the county board should not permit public comment while absentee envelopes and the accompanying photo ID documentation are being adjudicated, or while ballots are being duplicated, sorted, or tabulated. The board also should not permit questions from the public as the board approves absentee envelopes and photo ID documentation, to avoid disruption of proceedings which must be carefully managed, the potential for outside influence of the board’s decisions, and the potential for nonuniform review of ballots. G.S. 163-234 is very clear that others shall be permitted to attend the meeting during which absentee ballots are counted and observe the process, but may not interfere with the election officials in the discharge of their duties.27 It is recommended that the board chair explain the process at the beginning of the board meeting and state that public comment is not permitted during the approval and scanning of absentee ballots. The board may, but is not required to, designate a separate part of the meeting for public comment. At the end of each board meeting, the goal is total reconciliation of all envelopes, photo ID documentation, and ballots. To do that requires careful control of every document in the room. It 27 G.S. § 163-234(2): “Any elector of the county shall be permitted to attend the meeting and allowed to observe the counting process, provided the elector shall not in any manner interfere with the election officials in the discharge of their duties.” 13 also requires ensuring that the board members focus on the task at hand and that the public remains in an observer rather than a participant role. Envelopes, photo ID documentation, and ballots must not be allowed to be removed from assigned areas. A voter’s photo ID documentation must also be retained with the voter’s corresponding envelope. The reconciliation process shall ensure the number of ballot envelopes in each stack is tracked, and that the number of envelopes approved at the meeting is equal the number of ballots entered into the tabulator. The county board shall record the count on the tabulator at the start and end of each absentee meeting. A sample reconciliation log that you may use for process is available here. Public Records Requests for Envelopes Some county boards may have received public records requests for absentee ballot return envelopes. Ballot return envelopes are public records under North Carolina’s Public Records Act, with exceptions for voter signatures and CIV number.28 Public records requests should not be fulfilled during a board meeting, but must be fulfilled as promptly as possible. Photo ID photocopies and Photo ID Exception Forms are technically separate documents from absentee ballot envelopes, so each are addressed separately below, even though these are retained with the envelopes. Photo ID photocopies are confidential and should never be provided, and Photo ID Exception Forms may need to be redacted due to confidential information included on the forms.29 Providing Copies of Envelopes Prior to providing a copy of the envelope to the requestor, the voter signature and CIV number must be redacted, as the number links the envelope to a particular voter's ballot. Witness or assistant information may not be redacted. To redact the voter signature and CIV number, you may copy the envelope, mark through the confidential information on the copy, and then copy it again. Some counties have used removable tape or a cardboard or other thick paper cutout to cover the confidential information when making a copy. Digital copies may also be provided using a template redaction tool in a PDF editing program like Adobe. Viewing Envelopes Unredacted envelopes may be viewed by the public in your office, though no copy, photo, or tracing may be made. A county board must ensure that the requestor is monitored while 28 G.S. §§ 132-1.2(4), 163-82.10(a), 163-165.1(e). See also Numbered Memo 2016-25 and Numbered Memo 2022-01. 29 G.S. § 163-82.10(a1), 163-233(a). 14 reviewing the envelopes in the office to ensure the voter’s signature is not retained. Absentee ballot return envelopes contain an identifier that is linked to the ballot, so this identifier must also be redacted from public view to protect the secrecy of the ballot. Photo ID Documentation Photo ID documentation must be retained with the envelope because it is reviewed as part of the absentee application. For this reason, the photocopy of photo ID or Photo ID Exception Form must be retained for as long as the county retains that voter’s corresponding absentee envelope.30 As noted above, the photocopy of a voter’s photo ID is not a public record, and therefore a county board should not provide a copy of the photocopy of photo ID or allow viewing of the photocopy of photo ID in response to a public records request. The photocopy of photo ID must be retained with the voter’s corresponding envelope through at least the end of canvass and the certification of all elections in the county. After that time, for efficiency in responding to public records requests and to reduce the likelihood of a mistaken disclosure, a county board can separate the photocopy of photo ID from the corresponding envelopes and securely store them in a separate container—so long as the photocopies of photo ID are still stored in the same secure location as the envelopes. Unlike the photocopy of photo ID, a Photo ID Exception Form is a public record. If a public records request seeks copies or viewing of Photo ID Exception Forms, the county board will need to redact any confidential information from the Form before allowing the requestor to view the form or receive a copy. Finally, if allowing a requestor to review an envelope in person and the photo ID documentation has not been separated from the envelope, a county board should first separate the photocopies of photo ID from their respective envelopes and redact confidential information on Photo ID Exception Forms before allowing the public to review the envelopes. 30 This period is at least 22 months for primaries and elections involving a contest for federal office, 52 U.S.C. § 20701, and at least one year for primaries and elections not involving a contest for federal office, G.S. § 163-233(c). 1 Mailing Address: P.O. Box 27255, Raleigh, NC 27611 (919) 814-0700 or(866) 522-4723 Fax:(919) 715-0135 Numbered Memo 2022-15 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Postmark Requirement for Mailed Civilian Absentee Ballots DATE: November 7, 2022 The purpose of this numbered memo is to identify the different ways that a “postmark” may appear on an absentee ballot container-return envelope, to help guide the process of determining whether a civilian absentee ballot that is received after Election Day may be approved.1 Postmark Requirement Under N.C.G.S. § 163-231(b)(2)b, civilian absentee ballots that arrive at the county board office after Election Day are timely, if [t]he ballots . . . are postmarked and that postmark is dated on or before the day of the statewide primary or general election or county bond election and are received by the county board of elections not later than three days after the election by 5:00 p.m.2 The postmark requirement for civilian ballots received after Election Day is in place to ensure that votes transmitted by mail were cast on or before Election Day. (There is no postmark requirement for military or overseas citizen ballots.3) The United States Postal Service (USPS) utilizes different postmarks to signify the location and date the USPS accepted custody of a mailpiece, and to indicate that the postage on the mailpiece has been used. (Accordingly, applying a postmark is sometimes referred to as “cancelling” the 1 N.C.G.S. § 163-231(b)(2)b. 2 If the third day after Election Day is a holiday—as it is this year—the receipt deadline moves to the next business day, which is Monday, November 14 this year. See N.C.G.S. § 103-5(a). 3 N.C.G.S. § 163-258.12(b). Military-overseas (or UOCAVA) ballots that are mailed must be received by 5:00 p.m. the day before county canvass. N.C.G.S. § 163-258.12(a). 2 postage on a mailpiece.4) However, USPS does not always affix a postmark to a ballot return envelope5 and sometimes postmarks are illegible. Nonetheless, under North Carolina law, a civilian absentee ballot that is received after Election Day and before the receipt deadline may be counted only if it contains a postmark and the county board can discern that the date on that postmark is Election Day or earlier. For illustrative purposes, Attachment A contains images showing the various types of postmarks that USPS may affix to postage on an envelope. This material was provided by the USPS counsel’s office. Please take note of the following: •All included postmark examples are valid. Every example, except for Item 12, is a machine-generated postmark, displaying in text the location and date of cancellation of postage. Item 12 shows a manually applied, or hand-stamped postmark. •Sometimes the postage on an envelope will include a date as well. That may also count as a valid postmark, but only in the examples of Items 4 and 7. In those examples, the postage is applied at a USPS retail counter and contains the date of receipt by USPS. So even if there is no separate machine-generated or hand-stamped postmark, the date appearing in one of these types of postage will still count as a valid postmark. On the other hand, the postage in Items 3 and 5 is not applied at a USPS retail counter but is instead applied by a business or other postal consumer, often using a private postage meter. Accordingly, the date in the postage in Items 3 and 5 cannot be used, by itself, as a postmark. You would need to have a traditional hand-stamped or machine-generated postmark, as well, for the ballot to count. Because the examples in Items 3 and 5 have both the postage and the machine-generated postmark, they are examples of acceptable postmarks. 4 See U.S. Postal Service, Handbook PO-408 – Area Mail Processing Guidelines, § 1-1.3 Postmarks, available at https://about.usps.com/handbooks/po408/ch1 003.htm. 5 See U.S. Postal Service, Office of Inspector General, Processing Readiness of Election and Political Mail During the 2020 General Elections Report Number 20-225-R20, 3 (“. . . we found that ballots are not always being postmarked as required and it is a challenge for the Postal Service to ensure full compli- ance. Some ballots did not receive a postmark due to: (1) envelopes sticking together when processed on a machine; (2) manual mail processing; or (3) personnel unaware that all return ballots, even those in pre- paid reply envelopes, need to receive a postmark.”). Item Postage Description Cancellation type Cancellation picture Application method 6 SSK Stamp Alternate Cancellation 8 PPI Alternate Cancellation 9 PERMIT Alternate Cancellation AFSM Flats Cancellation Mark Wavy bar 7 PVI (non-RSS) Alternate Cancellation (Note - the date on the PVI label is also a valid indication of USPS acceptance) 10 Alternate Postage / Picture permits Alternate Cancellation 11 12 Hand-Stamped Postmark Circular Date and Origin Manual Letter 4 RSS Alternate Cancellation (Note - the date on the RSS label is also a valid indication of USPS acceptance) 5 SSK Label Alternate Cancellation 2 Meter Marks without IBI Wavy bar 3 Meter Marks with IBI Alternate Cancellation Automated Letter MPE Automated Letter MPE Automated Letter MPE Automated Flats MPE Automated Letter MPE Automated Letter MPE Automated Letter MPE Automated Letter MPE Automated Letter MPE Automated Letter MPE For illustrative purposes only. Contains sample postage and postmarks. Wavy barStamps1 Automated Letter MPE ATTACHMENT A 1 Mailing Address: P.O. Box 27255, Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax:(919) 715-0135 Numbered Memo 2022-11 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Court Order Regarding Assistance for Absentee Voters with Disabilities DATE: August 29, 2022 On July 11, 2022, a federal court issued an order invalidating state laws preventing certain individuals from helping disabled voters request, complete, and submit absentee ballots.1 The court determined that these laws, as applied to disabled voters, violate federal law. Specifically, Section 208 of the Voting Rights Act permits any voter who is blind, disabled, or unable to read or write to request “assistance by a person of the voter’s choice, other than the voter’s employer or agent of that employer or officer or agent of the voter’s union.”2 This numbered memo provides guidance for county boards to comply with the court order. It supersedes Numbered Memo 2020-15 and any other prior memo to the extent they provide guidance regarding who may assist an absentee voter who needs assistance due to a disability. Assistance for Absentee Voters with Disabilities Voters who need assistance voting absentee by mail due to their disability may now receive assistance from any person they choose. This could be a friend, relative, or any other person the voter chooses to assist them. A candidate may not witness the ballot of a voter unless the candidate is the voter’s near relative.3 Voters in Covered Facilities A voter who needs assistance due to a disability and is a patient or resident in a covered facility may receive assistance from any person they choose. They may receive assistance from the staff 1 Disability Rights NC v. State Board of Elections, 5:21-CV-361-BO, Order on Motion for Summary Judgment (E.D.N.C. July 11, 2022). The specific laws that were invalidated with respect to assisting disabled voters are N.C.G.S. §§ 163-226.3, -230.1, -230.2, -230.3, and -231(b)(1). 2 52 U.S.C. § 10508. 3 However, a voter living in covered care facilities may receive assistance from a candidate if the voter needs assistance due to the voter’s disability. 2 of the hospital, clinic, nursing home, or rest home where they are a patient or resident. There is no requirement that the facility staff complete a log when they assist a voter, although the facility may choose to do so. Facility staff are not required to assist a voter if they do not wish to do so or are instructed not to do so by the facility. Facility staff may continue to rely on multipartisan assistance team (MAT) members to assist their residents, if that is the facility’s preference. Under the court’s order, a voter in a covered facility who needs assistance due to a disability may also receive assistance from an elected official, political party officeholder, or candidate. They may still request and use a MAT, but they are not required to do so. A voter who is a patient or resident in a covered facility but who does not need assistance due to a disability may request assistance from a near relative, legal guardian, or a MAT. Recall, the court’s order changes the rules only for voters who need assistance due to a disability. If a near relative, legal guardian, or MAT is not available within seven calendar days of such a voter’s request, the voter may get assistance from anyone EXCEPT: • An owner, manager, director, or employee of the hospital, clinic, nursing home, or rest home where the voter is a patient or a resident; • An elected official, candidate, or officeholder in a political party; or • A campaign manager or treasurer for a candidate or political party.4 Assistance with Absentee Voting Absentee Requests Upon request of a voter who needs assistance due to a disability, any person may assist the voter by: • Completing the absentee request form, according to the voter’s instruction; • Making the absentee request on the voter’s behalf, according to the voter’s instruction; and • Returning the request form, according to the voter’s instruction. The assistant may return the request form by mail or in person, or through the State Board’s online portal. 4 N.C.G.S. § 163-226.3(a)(4). 3 The assistant must complete Section 9 of the request form, including providing their name and address. The form is invalid if the assistant does not provide information such that the assistant’s name and address can be determined.5 If the assistant is making the request for the voter (i.e., not just helping to fill out the form, but making the request in lieu of the voter), they must also complete and sign Section 8. As long as the assistant’s address is listed in either Section 8 or Section 9, it is not required to be listed twice since the assistant’s address can be determined if it is listed once. Absentee Container-Return Envelopes Upon request of a voter who needs assistance due to a disability, any person, including a MAT member, may assist the voter by: • Completing the absentee container-return envelope, according to the voter’s instruction; • Marking the ballot, according to the voter’s instruction; • Signing the envelope if, due a disability, the voter is unable to sign or make their mark; and • Returning the ballot, according to the voter’s instruction. The assistant may return the ballot by mail or in person to the county board of elections office or a one-stop site in the county. The assistant must complete the Voter Assistant Certification section of the envelope. If a voter is physically unable to sign or make their mark due to disability, the person assisting with the ballot should write in the signature line, “Disabled - cannot sign” and must complete the Voter Assistant Certification located on the back of the ballot return envelope. The assistant may return a cure certification for a voter who needs assistance due to a disability. See Numbered Memo 2021-03 for information about the cure process for deficient absentee container-return envelopes. County boards shall keep a log for cure certifications that are hand-delivered to the county board office. Absence for Sickness or Physical Disability If a voter expects to be unable to go to the voting place to vote in person on Election Day because of that voter’s sickness or other physical disability, any of the following people may 5 N.C.G.S. § 163-230.2(e1) states: “If a voter is in need of assistance completing the written request form due to blindness, disability, or inability to read or write and there is not a near relative or legal guardian available to assist that voter, the voter may request some other person to give assistance, notwithstanding any other provision of this section. If another person gives assistance in completing the written request form, that person’s name and address shall be disclosed on the written request form in addition to the information listed in subsection (a) of this section.” (Emphasis added.) 4 make the request for absentee ballots in person to the board of elections of the county in which the voter is registered after 5:00 p.m. on the Tuesday before the election but not later than 5:00 p.m. on the day before the election: • The voter; • The voter’s near relative or legal guardian; or • Any other person, if the voter needs assistance due to a disability. Upon receipt of a completed request form, the county board shall personally deliver the application and ballots to the voter, near relative, legal guardian, or assistant.6 Assistance with In-Person Voting The requirements for who may assist a voter voting in person have not changed. A disabled or illiterate voter who is voting in person may receive assistance from a person of the voter’s choice, other than the voter’s employer or agent of that employer or an officer or agent of the voter’s union.7 There is no limit on how many voters an assistant may assist, if properly requested. Answers to Frequently Asked Questions Q1: May a voter who needs assistance due to a disability receive assistance from a candidate? A: It depends. A voter who needs assistance due to a disability may receive assistance from a candidate if the voter is a patient or resident of covered facility. However, the court order did not enjoin G.S. § 163-237(c), which prevents a candidate from serving as a witness otherwise. Therefore, a voter who is not a patient or resident of a covered facility is prohibited from having a candidate serve as a witness unless the candidate is their near relative. Q2: What is the definition of a disability? A: Under the Americans with Disabilities Act, a disability is a physical or mental impairment that causes someone to be substantially limited in a major life activity.8 This means someone who has substantial limitations on the ability to perform everyday 6 N.C.G.S. § 163-230.1(b). 7 N.C.G.S. § 163-166.8(a)(2). 8 42 U.S.C. § 12102(1)(A). 5 things—such as seeing, hearing, walking, standing, speaking, reading, concentrating, thinking, and writing—as compared to most people in the general population.9 Most people living in nursing homes and other congregate care settings need help with at least one aspect of daily living and will generally be considered to have a disability. Federal law states that public entities are not to engage in demanding tests to determine an individual’s level of disability.10 For the purposes of seeking assistance with absentee voting, however, the disability should substantially impair an activity that pertains to the absentee voting process.11 All of the examples of everyday activities listed above could pertain to some aspect of the absentee voting process. Q3: Is advanced age a reason for assistance (for example, curbside is open to those who due to age or disability are unable to enter the enclosure)? A: No, age alone is not a reason the voter may receive assistance under the court order. The voter must need assistance due to a disability, but a disability may be age-related. See the answer to Question 2 for the definition of a disability. Q4: How do we know if someone has a disability? A: See the answer to Question 2 regarding the definition of a disability. The voter’s disability is confirmed through the attestations on the request form and the absentee envelope. These contain language requiring the assistant to attest that the voter asked for help due to the voter’s disability. It is not for the county board to inquire into the specifics of a voter’s attested-to disability that renders the voter in need of assistance. If the assistance portion of an otherwise valid request form or envelope is properly completed, the county board shall approve it. If the county board has reason to believe that non-disabled voters are receiving assistance to which they are not entitled, or that disabled voters’ wishes are not being respected, they shall forward such evidence the State Board’s Investigations Division. 9 42 U.S.C. § 12102(2)(A); 28 C.F.R. § 35.108(c)(1), (d)(1)(v). 10 28 C.F.R. § 35.101; see 28 C.F.R. §§ 35.108(a)(2)(i), (c)(2)(i)-(ii), (d)(1)(i)-(viii), . 11 The Voting Rights Act permits a voter to get assistance from a person of their choice if that voter “requires assistance to vote by reason of blindness, disability, or inability to read or write[.]” 52 U.S.C. § 10508 (emphasis added). 6 Q5: What if a disabled voter in a covered facility wishes to get assistance from and use as witnesses two staff members in the facility, but the voter’s near relative is concerned about undue influence and has contacted the county board to complain? A: A voter who needs assistance due to a disability has the right to select an assistant of their choice under the court order (and federal law). If a family member is concerned that someone has improperly influenced a voter, the county board of elections should refer them to the State Board’s Investigations Division. It is a crime to interfere with a voter when marking their ballot, or to defraud a blind or illiterate voter from marking the ballot selections of their choosing.12 Q6: Is the assistant required to respect the secrecy of the voter’s ballot? Yes. Any person who assists a voter must keep the voter’s ballot choices confidential. It is a crime for any person who has access to another person’s ballot to reveal how the person voted.13 Q7: Are there any changes to the requirement that an absentee voter have two witnesses or a notary? A: No. An absentee ballot must still be witnessed by two people or one notary public. The witnesses must be at least 18 years old. Q8: What is the definition of a covered facility? A: A “covered facility” is any facility that provides residential or in-patient healthcare in the State that is licensed or operated pursuant to Chapter 122C, Chapter 131D, or Chapter 131E of the General Statutes, including, for example, a hospital, clinic, nursing home, or adult care home; or by the federal government or an Indian tribe.14 12 N.C.G.S. §§ 163-273(a)(4) and 163-274(a)(13). 13 N.C.G.S. § 163-274(b). 14 08 NCAC 16 .0101(b). Mailing Address: P.O. Box 27255, Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135 Numbered Memo 2021-07 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Deficiencies in Notary Portion of Absentee Application and Certificate DATE: August 31, 2021 This numbered memo explains how county boards of elections should treat technical deficiencies in the execution of the notary portion of an absentee container return envelope (officially called the absentee ballot application and certificate). It replaces Numbered Memo 2020-07. The guidance balances the goal of uniformly applying the law while seeking to not punish the voter for a notary’s inadvertent mistake or error. G.S. § 163-231(a) requires a voter to mark the absentee by-mail ballot in the presence of two witnesses or one notary public, who must sign the container return envelope as witness(es). If witnessed by a notary, the statute requires the notary public to affix their valid notarial seal to the envelope and include the phrase “Notary Public” below his or her signature. State Board of Elections staff consulted with the North Carolina Department of the Secretary of State’s Electronic Notarization and Notary Enforcement Division regarding the validity of an incomplete notarization on the container return envelope. While the Secretary of State’s Office cannot adjudicate an absentee ballot, they provided useful information on how the notary statutes work in conjunction with our election statutes, including that there is a presumption of regularity in the absence of fraud on the part of the notary, or evidence of a knowing and deliberate violation of the notary statutes by the notary.1 The Secretary of State’s Office has requested that notarial errors on the absentee ballot container-return envelope be reported to them. Certain technical errors in executing the notary’s portion of the container return envelope are not considered deficiencies. Other errors are considered deficiencies that require the ballot to be spoiled and reissued in accordance with Section 2.2 of Numbered Memo 2021-03. 1 G.S. 10B-99(a) (relevant portion): “In the absence of evidence of fraud on the part of the notary, or evidence of a knowing and deliberate violation of this Article by the notary, the courts shall grant a presumption of regularity to notarial acts so that those acts may be upheld, provided there has been substantial compliance with the law.” 2 1. Technical Errors That Are Not Considered Deficiencies The following technical errors do not affect the sufficiency, validity, or enforceability of the notarial certificate itself or the underlying document and are not considered deficiencies: • Notary leaves off the name of the voter or misspells the voter’s name; • Notary does not write the expiration date of their commission; • Notary does not include the name of the county or State; • The notary seal is hard to read; • The notary does not include the date the notary witnessed the marking of the ballot; or • A combination of the above.2 2. Technical Errors That Are Considered Deficiencies The following errors in the notarial certificate are considered deficiencies that cannot be cured by certification, and require that the ballot be spoiled and reissued in accordance with Numbered Memo 2021-03: • The notary’s signature is missing. Pursuant to G.S. § 163-231(a)(5), the notary’s signature is required. • The notarial seal is missing altogether or contains missing information. G.S. § 163-231(a) requires the notary to affix a valid notarial seal to the envelope. 2 G.S. § 10B-68 (relevant portion): (a) Technical defects, errors, or omissions in a notarial certificate shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related instrument or document. […] (c) As used in this section, a technical defect includes those cured under G.S. 10B-37(f) and G.S. 10B- 67. Other technical defects include, but are not limited to, the absence of the legible appearance of the notary's name exactly as shown on the notary's commission as required in G.S. 10B-20(b), the affixation of the notary's seal near the signature of the principal or subscribing witness rather than near the notary's signature, minor typographical mistakes in the spelling of the principal's name, the failure to acknowledge the principal's name exactly as signed by including or omitting initials, or the failure to specify the principal's title or office, if any.” G.S. 10B-67: “An erroneous statement of the date that the notary's commission expires shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related record if the notary is, in fact, lawfully commissioned at the time of the notarial act. This section applies to notarial acts whenever performed.” G.S. 10B-37(f): “The failure of a notarial seal to comply with the requirements of this section shall not affect the sufficiency, validity, or enforceability of the notarial certificate, but shall constitute a violation of the notary's duties.” 3 3. Fraud Indicators If there are indications of fraud on the absentee envelope, whether they relate to the notary section or other sections of the envelope, this information should be sent to the State Board’s Investigations Division. Examples of fraud indicators include: • A notary or witness completed multiple applications containing technical errors; • The handwriting for the voter’s signature and witness’s signature appears identical; • The envelope appears to have been tampered with; and • There are stray or suspicious markings on the envelope. Mailing Address: P.O. Box 27255 Raleigh, NC 27611 (919) 814-0700 or (866) 522-4723 Fax: (919) 715-0135 Numbered Memo 2020-29 TO: County Boards of Elections FROM: Karen Brinson Bell, Executive Director RE: Witness or Assistant Address Issues on the Absentee Container-Return Envelope DATE: October 4, 2020 This memo is issued to provide uniform guidance and further clarification on how to determine if the correct address can be identified if the witness’s or assistant’s address on an absentee container- return envelope is incomplete. If No Address If a witness or assistant does not print their address, the envelope is deficient. Missing ZIP Code or City As previously explained in Footnote 3 of Numbered Memo 2020-19, 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 City and ZIP Code Missing 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 is deficient. If one of the following criteria are met, you can determine the address and the envelope is not deficient: • The witness or assistant’s address is the same as the voter’s address – either because the witness or assistant wrote “same as above” or something similar on the address line or because the partial address provided matches the address of the voter – or it is on the same street as the voter’s address; • The witness’s or assistant’s name and partial address match that of a registered voter in your county in SEIMS; or 2 • The street address is a valid address in your county. You may confirm this using a county GIS website1 or office, or a similar tool. Do not use an online directions tool such as Google Maps, which does not identify whether an address is valid. If there is only a street address and none of the above criteria are met, the county board cannot determine the address and the envelope is deficient. If a P.O. box is listed but the address provided does not include a city or ZIP code, it is not possible to determine the address and the envelope is deficient. 1 https://www.lib.ncsu.edu/gis/counties.html Special Meeting New Hanover County Board of Elections October 24, 2023 Subject: Member Morris’ request to discuss procedures for rejection of elections officials or observers nominated by party chairs Applicable Statutes and/or Rules N.C. Gen. Stat §§ 163-132.4, 163-33(1); 143-318.11(a), 143-318.11(a)(6), and 153A-98 Summary: Member Morris has requested to add a new business item to discuss procedures for rejection of election officials or observers nominated by party chairs. Specifically, Member Morris would like the county board to consider the following motion: When a person is targeted for rejection from serving in any capacity in support of NHC Elections, the charge against that person will be made in writing to the County Chair of the respective party. The County Chair will be given 15 days to research the allegations and take appropriate action to remove the nomination or provide evidence supporting the continued nomination of the individual. The evidence of the charge will be submitted to NHC BOE members for review and action. The accused will be given opportunity to address the Board before action is taken by the Board. I also move that Anthony Abbinante be given the same opportunity for review. I requested legal guidance from Paul Cox, General Counsel at the NC State Board of Elections, about the authority of the county board to add additional procedures or engage in certain actions related to this elections process. I have included the legal guidance issued by the General Counsel below. Authority of county board of elections to adopt new procedures related to rejection of election official or observer nominated for appointment by party chairs The first thing to say is that if the board were to adopt this approach, it would be imposing a procedure on itself that is not required by law. The law has been developed to require a hearing before removing a sitting precinct official who has been duly appointed. A mere nominee to the position of precinct official does not have that right. As for election observers, the law is flexible to allow the county board to act swiftly when the list of observers is provided mere days before an election or misconduct occurs during the conduct of an election. On whether the board has the legal authority to impose this extra procedure on itself, I would say not as written. The board can “issue such rules, regulations, and instructions, not inconsistent with law, with directives promulgated under the provisions of G.S. 163-132.4, or with the rules, orders, and directives established by the State Board of Elections, as it may deem necessary for the guidance of election officers and voters.” GS 163-33(1). As you allude to, you couldn’t adopt a resolution that would conflict with your duty to meet the deadlines to have your sites staffed, for example. The resolution also appears to provide more time for this review procedure than would be permitted before an observer that may be rejected would be serving. Finally, the resolution Item # 2 Item # 3b appears to vest the entire board with certain decisions that can be made by the chair alone on some precinct official or observer appointments. These conflicts with board duties and any others would not be permissible. On whether the board should adopt this policy, I would not recommend that the board adopt measures that would make the already complicated and onerous process of appointing precinct officials even more onerous and complicated. Your county is the one county in the state that I know of that is still wrangling with precinct official appointments, months after it was to occur. Utilization of closed sessions during public board meetings to discuss the qualifications or concerns about a nominee for appointment. The board can go into closed session to consider the qualification of a nominee for appointment. Closed session is permitted “To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. General personnel policy issues may not be considered in a closed session.” GS 143-318.11(a)(6). The board must take the vote on appointment or removal in open session: “Final action making an appointment or discharge or removal by a public body having final authority for the appointment or discharge or removal shall be taken in an open meeting.” Id. I interpret this to mean that for an appointment to be made, the board would need to make a motion to appoint someone and to identify that appointee in the motion. If the board is not taking action to appoint, the board would not need a motion at all, nor would it need to identify whom it is not appointing. The open meetings law does not require the board to identify the reasons that were considered in closed session for not appointing a nominee. I don’t think you could go into closed session under the statute above to consider the qualifications/fitness of an observer, who is not a “public officer or employee.” If there’s some other basis for going into closed session under GS 143-318.11(a), you could rely on that. But that would be circumstance-specific. I’m not aware of any authority creating a right to any particular procedures to be used, other than those in statute or administrative rule, when considering whether to appoint a particular precinct official or permit a particular observer to serve, at least not in currently applicable law. Restrictions on revealing why an election official or observer was rejected for appointment. On the last point, I’d refer that one to the county attorney. I’m not sure that there would be any restriction on revealing why a precinct official was not appointed or why an observer was rejected, unless maybe it dealt with a criminal investigation. I don’t think the county personnel privacy laws would apply to an appointed official like a precinct official, but the county attorney would know better. They certainly wouldn’t apply to observers. Board Action Required: Discuss as necessary Regular Meeting New Hanover County Board of Elections October 24, 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 # 4