Author: Karen Brinson Bell, Executive Director
To avoid confusion while related matters are pending in a number of courts, this memo is issued effective immediately and is in place until further numbered memo(s) is issued by the State Board.
For the reasons set forth in this memo, Numbered Memos 2020-19 (both versions), 2020-22, 2020-23 and 2020-27 are on hold until further notice from the State Board. On Oct. 2, 2020, the Wake County Superior Court in NC Alliance v. State Board entered a consent judgment ordering that, to settle all of plaintiffs’ claims, Numbered Memo 2020-19 (Absentee Container-Return Envelope Deficiencies), Numbered Memo 2020-22 (Return Deadline for Mailed Civilian Absentee Ballots in 2020), and Numbered Memo 2020-23 (In-Person Return of Absentee Ballots) shall be issued.
However, on Oct. 3, 2020, the U.S. District Court for the Eastern District of North Carolina temporarily blocked the State Board from enforcing the same numbered memos. The court also transferred the cases to the U.S. District Court for the Middle District of North Carolina that has jurisdiction over the Democracy NC case. Moore v. Circosta, 5:20-CV-507-D, (E.D.N.C. Oct. 3, 2020); Wise v. State Board, 5:20-CV-507-D, (E.D.N.C. Oct. 3, 2020). The State Board’s attorneys are reviewing these competing orders and will provide guidance as soon as possible on how to move forward.
At this time, because of these conflicting orders, numbered memos 2020-19, 2020-22, 2020-23 and 2020-27 are on hold.
County boards that receive an executed absentee container-return envelope with a deficiency shall take no action as to that envelope. County boards shall not send a cure certification or reissue the ballot if they receive an executed container-return envelope with any deficiency. County boards also may not accept or reject any ballots if the container-return envelope has any deficiencies. Envelopes with deficiencies shall be kept in a secure location and shall not be considered by the county board until further notice. Once the State Board receives further direction from a court, we will issue guidance to county boards on what actions they should take regarding container-return envelopes with deficiencies. If a county board has previously reissued a ballot, and the second envelope is returned without any deficiencies, the county board may approve the second ballot.
County boards that receive deficient envelopes shall not check them into SEIMS. We recommend that, if a voter calls your office and wants to know about the status of their deficient ballot, your staff state: “We have received your ballot and there is an issue. Currently the cure process is being considered by the courts. We will contact you soon with more information.” If the ballot has a deficiency, do not issue a cure certification or spoil the ballot even upon a voter’s request.
↓ Court Orders Regarding Numbered Memos: Numbered Memo 2020-28 (PDF)