The Republican National Committee (RNC) has filed a lawsuit against the North Carolina State Board of Elections, alleging that recent instructions on absentee voting violate state law.
According to Just The News, the litigation, filed last week, targets a memo sent by the board to county election offices regarding the handling of absentee-by-mail ballots.
The complaint, joined by the North Carolina Republican Party and a registered voter from Pasquotank County, argues that the board's guidance contradicts state laws requiring absentee ballot security envelopes to be sealed for the votes to be counted. This lawsuit marks the sixth legal challenge faced by the board in just 43 days.
The RNC contends that Numbered Memo 2021-03, issued by Elections Board Executive Director Karen Brinson Bell, provides guidance that conflicts with statutory requirements.
The plaintiffs argue that this memo undermines the carefully drafted absentee-voting statutes put in place by the General Assembly.
Jason Simmons, the state Republican Party Chairman, expressed disappointment in Bell's actions, stating:
State law is clear in this matter and it is unfortunate that Director Bell is acting beyond her authority. We will continue to enforce integrity in the elections process and adherence to statutory requirements.
The lawsuit cites four specific statutes that require absentee ballots to be received by county boards of elections in sealed envelopes to be considered valid.
The plaintiffs claim that the memo in question advises county boards of elections that an absentee ballot may be counted even if it is not submitted in a sealed container-return envelope. This guidance, they argue, directly contradicts the clear language of state law.
Before filing the lawsuit, the plaintiffs attempted to seek a declaratory ruling from the board. However, this request was rejected, prompting the legal action.
The litigation names the board as a whole, each member in their board capacity, and Executive Director Bell as defendants. The board's composition includes three Democrats and two Republicans.
This lawsuit is part of a series of legal challenges faced by the North Carolina State Board of Elections in recent weeks. Since July 22, the board has been involved in litigation related to various election issues.
Previous lawsuits have addressed ballot access for the Justice For All Party, and the We The People Party, voter roll maintenance, and a freedom of speech case involving John F. Kennedy Jr. This latest challenge adds to the growing list of legal battles facing the board as the 2024 election cycle approaches.
The RNC's lawsuit highlights ongoing tensions between political parties and election officials over the interpretation and implementation of voting laws. As the case progresses, it may have significant implications for how absentee ballots are handled in North Carolina during future elections. The outcome could potentially impact voter confidence in the absentee voting process and shape the state's approach to ballot security measures.
