The North Carolina State Board of Elections is embroiled in fresh legal disputes as the state Republican Party and the Republican National Committee (RNC) file lawsuits against the board.
According to The New York Post, the litigation centers on allegations that the board has failed to remove noncitizens from voter rolls as required by law.
The lawsuit, filed on August 24 in Wake County Superior Court, names the entire board, its individual members, and the executive director as defendants. The legal action comes in the wake of several other challenges faced by the board in recent months, including court cases, a congressional investigation, and a General Assembly oversight inquiry.
The Republican Party's lawsuit accuses the State Board of Elections of neglecting to implement measures outlined in Senate Bill 747, also known as the Elections Law Changes. This legislation, which took effect on January 1, 2024, requires the board to ensure the removal of noncitizens from voter rolls based on information from potential jurors and clerks of Superior Court. Matt Mercer, director of communications for the North Carolina Republican Party, emphasized the importance of this safeguard:
Ensuring that if someone is selected to serve on a jury and that person indicates they are a noncitizen, the information must go to elections boards, so they are not eligible to vote. There is no reason not to be using this safeguard as required by SB747.
The GOP contends that the board's alleged failure to comply with these provisions undermines the integrity of the state's electoral process and violates fundamental election safeguards.
In response to the lawsuit, the State Board of Elections has firmly denied the accusations of non-compliance. Pat Gannon, communications director for the board, stated that the claims made in the lawsuit are "categorically false" and that the board has been diligently working with Superior Court clerks across North Carolina to implement the new law.
Gannon explained:
State Board staff have worked diligently with the clerks of Superior Court across North Carolina since that provision became law last month. The agency responds to these numerous requests as it is able to do so. Plaintiffs are required to follow up and attempt to resolve their request for records before they sue a state agency. To our knowledge, there was no attempt to follow up on this request.
The board also cited federal law constraints that prevent the immediate removal of registrants from voter rolls within 90 days of a federal election, which was August 7 for the current electoral cycle.
Michael Whatley, the chairman of the Republican National Committee and former head of the North Carolina Republican Party, voiced significant concerns about election integrity. He stressed the necessity of limiting U.S. election participation to American citizens only, noting that non-citizens should be removed from voter rolls in compliance with the law.
Whatley highlighted that both the RNC and the North Carolina GOP have actively defended these legal requirements in court. He affirmed their commitment to ensuring that the North Carolina State Board of Elections adheres to and enforces these vital safeguards, reflecting the GOP's dedication to maintaining stringent election integrity measures.
The lawsuit comes in the context of recent changes to North Carolina's election laws. Senate Bill 747, which forms the basis of the current litigation, was passed by the Republican-controlled General Assembly over Governor Roy Cooper's veto. The bill received unanimous support from Republicans and no backing from Democrats in both chambers.
Key provisions of the law include requiring all absentee ballots to be received by Election Day, prohibiting private funding for election administration, strengthening poll observer rights, and implementing a pilot program for signature verification on absentee ballots. The legislation also aims to improve voter registration roll maintenance and close loopholes in same-day registration procedures.
In conclusion, the North Carolina State Board of Elections is facing a new lawsuit from the state Republican Party and the RNC over alleged failures to remove noncitizens from voter rolls. The board denies these allegations, stating they are working to implement the new law while adhering to federal regulations. This legal challenge follows recent changes to North Carolina's election laws, including measures to strengthen voter roll maintenance and absentee ballot procedures.
