North Carolina: Mail-In Ballot Lawsuit Filed Over Disenfranchisement

• A lawsuit has been filed in North Carolina challenging new mail-in ballot rules, including an inner envelope requirement and a signature verification process.
• The changes were implemented on the same day absentee ballots began mailing, with plaintiffs arguing they will disenfranchise voters by invalidating otherwise valid ballots.
• The lawsuit claims violations of the First and 14th Amendments, the Civil Rights Act, and the Voting Rights Act.
• A state board member estimated the new rules could lead to 3% of ballots, or about 9,000 votes, being discarded in a state known for close elections.
• The legal challenge follows a recent shift in the political control and appointment authority over North Carolina's election boards.

The lawsuit further highlights concerns regarding the new signature-verification process, alleging that the state election board has failed to provide clear guidance to county election boards on its implementation.

A coalition of North Carolina organizations and two individual voters have initiated legal action against the state board of elections and two county election boards, contesting recent modifications to the state's mail-in ballot procedures. The lawsuit, filed on a Tuesday in early September, asserts that these last-minute changes risk disenfranchising a significant number of voters in the battleground state. The plaintiffs include the North Carolina Alliance for Retired Americans, North Carolina Asian Americans Together, and Down Home North Carolina.

The plaintiffs contend that the newly enacted rules will lead to the rejection of otherwise valid ballots due to what they describe as immaterial issues. They argue that if a ballot is deemed invalid on Election Day, affected voters may not have a practical opportunity to cast a replacement ballot, effectively leading to disenfranchisement. Prior to these changes, a ballot submitted in an unsealed inner envelope, or one where the application envelope was missing from inside the outer envelope, would still have been counted.

The lawsuit further highlights concerns regarding the new signature-verification process, alleging that the state election board has failed to provide clear guidance to county election boards on its implementation. This lack of clear instruction, the plaintiffs claim, could result in inconsistent and arbitrary scrutiny of ballots across different counties, leading to unequal treatment of voters. They also argue that the changes do not provide absentee voters with a fair chance to rectify any issues with their ballots, noting the uncertainty surrounding how long it might take local boards to notify a voter of a rejected ballot. The legal challenge asserts that these policies violate the First and 14th Amendments, the Civil Rights Act, and the Voting Rights Act, seeking a federal court injunction to prevent their implementation.

The potential for widespread disenfranchisement is a central concern for the plaintiffs, who cite a state board member's own estimation regarding the impact of the new rules. During the September 4 meeting where these changes were approved, state board member Siobhan O’Duffy Millen speculated that the new policies could result in approximately 3% of ballots, or around 9,000 votes, being discarded. This figure is particularly significant in North Carolina, where elections are frequently decided by extremely narrow margins.

The complaint emphasizes that while voters theoretically could cast a replacement ballot or vote in person, the practical reality is that invalidation of their absentee ballots will likely disenfranchise large segments of the electorate. This situation, they argue, creates a "state-sanctioned free-for-all" that will subject ballots to varying levels of scrutiny, leading to arbitrary disenfranchisement. The state's existing election laws already require voters to show ID since 2023, and absentee voters must include a copy of photo ID and have their ballot filled out in the presence of two witnesses.

The backdrop to this legal challenge includes a recent shift in the political composition and oversight of North Carolina's election boards. Last year, the political majority on both state and county election boards flipped. This change occurred after Republican State Auditor Dave Boliek was granted the authority to appoint and remove members of these boards, a power that had been held by the governor for over a century.

This reassignment of duties was enacted by the Republican majority in the General Assembly during the 2024 lame-duck session, following a period where Democrats secured numerous council of state seats, including the governorship. Boliek's subsequent oversight of the election boards has drawn scrutiny, particularly after local reports indicated that his elections liaison, who has since resigned, had encouraged counties to adopt certain practices.

This lawsuit challenges fundamental changes to North Carolina's absentee voting rules, including signature verification and ballot sealing. Lawyers advising political campaigns, election officials, or civil rights groups in NC must monitor this case for potential injunctions or rulings that could alter ballot processing and voter access for future elections.

Source: Original reporting via The Grand Rapids Press and AP