Notice of Meeting & Hearing
The State Board of Elections will hold a meeting at 11:30 a.m. on Monday, May 6, 2019, in the Agency’s board room located on the Third Floor of the Dobbs Building, 430 N. Salisbury Street in Raleigh.
The protest appeal hearing will not begin until 1:00 p.m. Seating is very limited, and members of the public are encouraged to monitor proceedings remotely:
(213) 929-4232, code: 835-569-437 or Facebook Live.
Public meeting materials will post on a rolling basis to the online meeting portal.
Tentative Agenda
Statement regarding ethics and conflicts of interest.
Proclamations expressing appreciation to the State Bar and State Capitol Police.
Report from Executive Director and Staff.
- Closed Session possible
- G.S. §§ 143-318.11(a)(3) and/or 143-318.11(a)(7) and/or 163‑278.22(7) (amend. by S.L. 2018-146 § 4.2.(b)).
Hearing of In re Consolidated Protests of Election in the Contest for Sheriff of Columbus County brought by Nancy Hill and Gloria Smith.
G.S. §§ 163A-1179(b)(1) and 163A-1180
- This hearing will not begin until 1:00 p.m.
- Oral argument is subject to strict time limits and other restrictions transmitted to counsel for the parties on April 29, 2019 (copy attached to Notice [below]).
Adjournment
♦
From: Lawson, Joshua
Sent: Monday, April 29, 2019 6:00 PM
To: Ralph Frasier; Joyner, Irving; Boyd Worley; Philip Isley; Ralph Frasier; Oscar Blanks; Michael Crowell
Cc: SBOE_Grp - Legal; Gannon, Patrick
Subject: Hearing and Oral Argument Parameters
Counsel,
Please see below regarding Monday’s hearing on In re Consolidated Protests of Election in the Contest for Sheriff of Columbus County Brought by Nancy Hill and Gloria Smith (“Consolidated Matter”).
Hearing Time
Thank you for your responses regarding the hearing date. In order to accommodate the Mr. Frasier’s court calendar, Chair Cordle has agreed to push the hearing from 10 a.m. to 1 p.m. Accordingly, the appeal hearing will begin at 1 p.m. on Monday, May 6.
Consolidated Appeal
The respective appeals of Ms. Hill and Ms. Smith have been consolidated for hearing purposes.
Oral Argument
The State Board will hear oral argument on this Consolidated Matter based on the record. New evidence will not be accepted, subject to the examination of State Board investigators as outlined previously by the Chair. Oral argument before the State Board is similar to argument before the Court of Appeals or other appellate body, with counsel arguing legal questions and supporting their argument with the Record and caselaw, where appropriate. The Board has historically posed questions throughout the oral argument. A selection of prior State Board decisions is available online.
Coordination between counsel
Counsel for Appellant Hill, Appellant Smith, and Candidate Hatcher are expected to coordinate between themselves to comport with the time limits imposed on oral argument. (Counsel is not required to coordinate on briefing).
Time Limits and Issue Ordering
The following time limits will be imposed on oral argument, with issues addressed in the below sequence:
Greene on Residency 20 min
Smith, Hill, and Hatcher on Residency 20 min
[Rebuttal, if time reserved]
Smith, Hill, and Hatcher on All non-Residency Issues 15 min
Greene on All non-Residency Issues 15 min
[Rebuttal, if time reserved]
Investigator Examination
The Chair has previously indicated that a State investigator will be available to report on their review and, if a presentation is made, parties will be given the opportunity to examine the investigator. Any such examination will not count against the time limits, above.
Columbus CBE
Consistent with general practice, the director of elections and the CBE’s counsel are requested to be present at the hearing, should the State Board wish to pose questions regarding the record or various remedial issues.
Any party posing question regarding the above should copy all parties on their correspondence.
Very sincerely,
Josh Lawson | General Counsel o: 919-814-__ | f: 919-715-0135