(The Center Square) – A lawsuit filed Tuesday against the North Carolina State Board of Elections contends that a memo of instructions to county election boards violates state law regarding absentee mail-in voting.
This is the board's sixth lawsuit in 43 days and its fourth in 12 days.
Virginia Wasserburg, registered in Pasquotank County, joined the complaint along with the North Carolina Republican Party and the Republican National Committee. The state commission sent instructions to 100 county commissions. “They ignore election law, which requires that absentee ballot security envelopes be sealed in order for a vote to count,” the statement said.
“State law is clear on this matter and it is unfortunate that Director Bell has exceeded his authority,” state party Chairman Jason Simmons said of Board of Elections Executive Director Karen Brinson Bell. “We will continue to ensure the integrity of our election process and compliance with legal requirements.”
The lawsuit states that the instruction from Bell, numbered Memo 2021-03, “issues guidance” and “undermines the protections afforded by the Legislature's carefully drafted absentee voting law.” It cites four statutory references and provides that “in order for an absentee ballot to be counted, it must be delivered in a sealed envelope to the appropriate county board of elections.”
The plaintiffs argue that the memo “notifies county election officials that absentee ballots may be counted even if they are not returned in an envelope.”
The declaratory judgment against the board was denied before the lawsuit was filed, the complaint states.
The defendants are the board as a whole, each director and Bell. The board members include Democrat Alan Hirsch, committee chair Jeff Carmon and Siobhan Millen, and Republicans Stacey Eggers and Kevin Lewis.
Since July 22, The state board is facing lawsuits over the decision. the Justice for All and People's Party voter access case, two voter roll management cases, and Freedom of speech Involved with John F. Kennedy Jr.
