Republicans Push Federal Judge to Reinstate Ballot-Envelope Lawsuit in North Carolina
State and national Republican organizations are advocating for a federal judge to allow their lawsuit against the North Carolina State Board of Elections (NCSBE) to proceed, despite the board’s motion to dismiss the case.
The Republicans filed the lawsuit following allegations that the NCSBE advised county boards to ignore North Carolina laws requiring absentee ballots to be returned in sealed container-return envelopes to guard against tampering. According to Republican attorneys, this advisory contradicts explicit legislative requirements, prompting their legal action aimed at enforcing state law.
In a court filing, GOP lawyers contested the NCSBE’s argument that it acted within its rights. They claim the board misinterpreted state absentee voting laws and federal legislation, asserting the court should reject the NCSBE’s interpretations.
On October 31, U.S. Chief District Judge Richard Myers declined the Republicans’ request to transfer the case back to state court, determining that the removal to federal court was valid. He noted that adherence to the Republicans’ demands could infringe upon the federal Civil Rights Act of 1964, granting federal jurisdiction over the matter.
Intervening in the lawsuit, the North Carolina Alliance for Retired Americans, along with Marc Elias’ law firm, supports the NCSBE’s position. The original suit, filed by the Republican National Committee and the North Carolina Republican Party in state court, targets a revised NCSBE memo that states absentee ballots do not necessarily need to be enclosed in sealed envelopes to be counted.
Republican National Committee Chairman Michael Whatley criticized the NCSBE’s decision as a violation of state law that undermines absentee ballot protections. He vowed to persist in advocating for election integrity in North Carolina.
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