RALEIGH — The North Carolina State Board of Elections has been sued twice in a week over the state’s voter rolls and registrations.
The North Carolina Republican Party (NCGOP) and Republican National Committee (RNC) first filed a lawsuit against the North Carolina State Board of Elections (NCSBE) over enforcement Section 44 of Session law 2023-140 that requires election officials to conduct voter list maintenance based on information about noncitizens who seek to be excused from jury duty.
“Only Americans should vote in American elections,” RNC Chair Michael Whatley said in a release. “If someone claims non-citizenship, they must be taken off the voter rolls — that’s the law. The NCSBE has chosen to blatantly ignore the law, undermine basic election safeguards, and neglect a fundamental principle of our election integrity. The RNC and NCGOP defended this law in court, and now we will make sure the NCSBE follows and enforces these critical safeguards in The Old North State.”
The lawsuit claims the NCSBE is refusing to implement Section 44 before the Nov. 5 election despite the law taking effect July 1. The RNC’s press release says the “NCSBE has made zero effort to implement the law before the November election.”
The complaint cites a February 2024 report estimating approximately 325,000 “unauthorized” immigrants in North Carolina out of 501,000 foreign-born noncitizens in the state.
The NCGOP and RNC’s complaint also alleges the NCSBE has violated public records law by failing to respond to requests.
“To date, other than the emails opening the two matters, Plaintiffs have received no communication, nor any production of documents, regarding the public records requests from the NCSBE,” the NCGOP and RNC lawsuit states.
The plaintiffs are asking the court to order the NCSBE to fully respond to their public records requests and develop and implement plans to comply with Section 44.
The NCGOP/RNC’s first lawsuit came after the U.S. Supreme Court’s unsigned 5-4 ruling allowing an Arizona law to implement proof of citizenship requirement in order to register to vote. The RNC had filed a brief in support of the Arizona law. The high court rejected a portion of an RNC request that would have required voters who registered using the standard federal form to provide proof of citizenship before voting for president, either in person or by mail.
The NCGOP and RNC filed a second lawsuit against the NCBSE on Aug. 26. That lawsuit alleges the NCSBE violated federal and state law by accepting over 225,000 voter registration forms that did not collect required identification information (driver’s license number or last 4 digits of SSN) as mandated by the Help America Vote Act (HAVA).
Per the Aug. 26 lawsuit, the NCSBE admitted to using noncompliant voter registration forms but has refused to take corrective action to identify and remove potentially ineligible voters from the rolls.
“The NCSBE has once again failed in its mandate to keep non-citizens off the voter rolls, fueling distrust and jeopardizing our elections,” said RNC Chairman Michael Whatley in a press release. “We are committed to the basic principle — and commonsense law — that only Americans decide American elections. Deliberately failing to follow the law, right before our country’s most important election, is inexcusable. We will fight every day to ensure that NCSBE follows the law, cleans the voter rolls, and protects the vote for North Carolinians.”
“This State Board continually has problems ensuring voter rolls only have verified citizens,” said NCGOP Chairman Jason Simmons. “This lawsuit will remedy their ongoing refusal to collect the required information from those who want to take part in North Carolina elections. Accountability and fidelity to following the rule of law is long overdue for the most partisan Elections Board in state history.”
Per the lawsuit, the NCSBE admitted to using noncompliant voter registration forms but has refused to take corrective action to identify and remove potentially ineligible voters from the rolls.
The lawsuit seeks a writ of mandamus and injunction ordering the NCSBE to implement practices ensuring compliance with HAVA and state law and ensure future compliance for voter registration and list maintenance.
Additionally the NCGOP and RNC request the NCSBE to identify and remove ineligible registrants from voter rolls by Sept. 6. The lawsuit also wants the NCSBE to require provisional ballots from affected registrants if removal isn’t feasible.
The day after the second lawsuit was filed, the NCSBE issued a press release of “8 reminders” when registering to vote.
“Now is the time to use the State Board’s Voter Search tool to check your registration and make sure it’s up to date. If you’re eligible to vote but not registered, now is the time to submit an application and make your voice heard in 2024. It’s quick and easy,” NCSBE Executive Director Karen Brinson Bell said in the press release.
The release included a section on the requirements for registering to vote, stating, “To be eligible to register to vote, you must be a U.S. citizen; live in the county where you are registering for at least 30 days prior to Election Day; be at least 18 years old by the date of the general election; and not be serving a felony sentence, including any probation, post-release supervision, or parole.”
North Carolina Democratic Party Chair Anderson Clayton called the lawsuits attempting to keep noncitizens from voting “disingenuous attempts to sow doubts” about election integrity in an Aug. 27 press release.
“These Republican lawsuits are the latest in a series of disingenuous attempts to sow doubts about the integrity of the election system, and to suppress voter turnout in the 2024 election,” Clayton said.
“Despite being well aware of the procedures the State Board of Elections maintains to keep our elections secure, the Republican Party waited until just days before voting begins in North Carolina to file yet another frivolous lawsuit attempting to burden North Carolinians’ right to vote,” said Clayton. “North Carolina Democrats will remain relentless in our efforts to ensure that every eligible voter has the information they need to access the ballot box during the 2024 voting period and beyond.”
