a report on the Citizenship Audit - The Institute for Southern Studies
Contents
1. 163 90 2 Action when challenge sustained overruled or dismissed a When any challenge is sustained for any cause listed under G S 163 85 c the board shall cancel or correct the voter registration of the voter The board shall maintain such record for at least six months and during the pendency of any appeal The challenged ballot shall be counted for any ballot items for which the challenged voter is eligible to vote as if it were a provisional official ballot under the provisions of G S 163 166 11 4 b Repealed by Session Laws 2006 252 s 3 b effective August 27 2006 c When any challenge made under G S 163 85 is overruled or dismissed the board shall erase the word challenged which appears on the person s registration records d A decision by a county board of elections on any challenge made under the provisions of this Article shall be appealable to the Superior Court of the county in which the offices of that board are located within 10 days Only those persons against whom a challenge is sustained or persons who have made a challenge which is overruled shall have standing to file such appeal 163 90 3 Making false affidavit perjury Any person who shall knowingly make any false affidavit or shall knowingly swear or affirm falsely to any matter or thing required by the terms of this Article to be sworn or affirmed shall be guilty of a Class felony 163 275 Certain acts declared felonies Any person who sha2. PAGE 9 OF 25 A letter or postal card mailed by returnable mail and returned by the United States Postal Service purportedly because the person no longer lives at that address or because a forwarding order has expired shall not be admissible evidence in a challenge heard under this section which was made under G S 163 87 163 88 1 Request for challenged ballot a If the decision of the chief judge and judges pursuant to G S 163 88 is to sustain the challenge the challenged voter may request a challenged ballot by submitting an application to the chief judge such application shall include as part thereof an affidavit that such person possesses all the qualifications for voting and is entitled to vote at the election The form of such affidavit shall be prescribed by the State Board of Elections and shall be available at the polls b Any person requesting a challenged ballot shall have the letter C entered at the appropriate place on the voter s permanent registration record The voter s name shall be entered on a separate page in the pollbook entitled Challenged Ballot and serially numbered The challenged ballot shall be the same type of ballot used for absentee voters and the chief judge shall write across the top of the ballot Challenged Ballot ____ and shall insert the same serial number as entered in the pollbook The chief judge shall deliver to such voter a challenged ballot together with an envelope marked Challenged Bal
3. 55 If you are not a citizen it is recommended that you complete the enclosed Resignation of Voter Registration form immediately and return it to the State Board of Elections in the envelope provided Under North Carolina law registering to vote if not eligible to do so knowingly making a false statement on voter registration forms and voting illegally in an election are punishable as a Class felony If you are in fact a U S citizen please contact the State Board of Elections immediately so that we can correct your records Also enclosed with this letter is a document containing the information you should use to contact the DHS USCIS and obtain a copy of your Naturalization Certificate or Certificate of Citizenship or to correct your records with that agency if necessary If you require this information in a language other than English visit http 1 usa gov 101USz5 Because your ballot has been challenged a hearing will be conducted before your county board of elections to determine your eligibility to vote and whether your ballot should be counted in this election See N C GEN STAT 163 89 At this hearing you will have the opportunity to present evidence and call witnesses in order to demonstrate that you are in fact a citizen Frequently Asked Questions Q Why is this happening A The State Board of Elections has been auditing its records A part of that audit is checking for people who are registered to vote who are no
4. your solemn affirmation Step 4 Ask the Voter if she he is a U S citizen If the Voter answers NO Chief Judge checks the appropriate box on page 1 of the Ruling on Election Day Challenge form the box on page 2 indicating that the challenge is sustained and signs page 2 of the form Chief Judge informs the Voter that the challenge has been sustained and asks the Voter if he she would like to vote a challenged ballot Check the appropriate box on page 2 Give the Voter the Educational Materials and the DHS USCIS Fact Sheet If the Voter answers YES Chief Judge asks the Voter basic questions about his her identity and residence If the judges are satisfied that the Voter is the person he she claims to be administer the Voter oath in Step 5 Step 5 Chief Judge reads aloud the following oath to the Voter the Voter is required to say I do You do solemnly swear affirm that you are a citizen of the United States that you are at least 18 years of age that you have resided in this State and in the precinct for which registered for 30 days that you are not disqualified from voting by the Constitution and laws of this State that your name is___ name of voter ___ and that in such name you were duly registered as a Voter of this precinct that you are the person you represent yourself to be and that you have not voted in this election at this or any other voting place So help you God This is your sole
5. 331 registrants who had presented documents establishing their legal presence but not citizenship when the registrant first obtained a driver s license or state identification card In 2013 the State Board executed an agreement with USCIS and DHS for use of their SAVE Program which allows users to verify the citizenship and immigration status of certain registered voters for whom DMV has provided alien identification numbers Because DMV is the State Board s sole source of alien identification information we are able to run SAVE queries on individuals who at one point presented legal presence documents at DMV We have no method by which to verify the citizenship status of undocumented individuals 8 Even when DMV provides data sufficient to run SAVE queries the possibility remains that results are outdated The vast majority of DMV customers who present legal presence documents turn out to be citizens when run though the SAVE database When SAVE identifies an individual as a non citizen it remains possible that the individual was naturalized after the last update of their SAVE record It is also possible that an individual SAVE flags as a noncitizen had in fact acquired citizenship automatically as a minor when his her parents became naturalized in which case a minor receives citizenship documents only if specifically requested 2014 Citizenship Audit When State Board staff received access to the SAVE database they began manu
6. 6 2015 Special Instructions Regarding the Results of a Citizenship Audit Conducted by the State Board of Elections Prior to the 2014 General Election 11 2 2014 SUMMARY DISPOSITION CHART Source NC State Board of Elections 2 6 2015 Flagged 154 Registrants Absentee i Did Not Attempt One Stop Buse only to Vote Not Did not return Stopped by Challenge Challenged absentee Ballot Election Official Not Stopped o Overruled 2 ve y Canceled Sustained 6 Challenge Unofficial Inquiry E Election Official Overruled A Left w o determined that Canceled Sustained Voting s he was a citizen w o challenge RTH CAROLINA State Board of Elections SPECIAL INSTRUCTIONS TO AFFECTED COUNTIES REGARDING THE RESULTS OF A CITIZENSHIP AUDIT CONDUCTED BY THE STATE BOARD OF ELECTIONS PRIOR TO THE 2014 GENERAL ELECTION NC STATE BOARD OF ELECTIONS 11 2 2014 North Carolina State Board of Elections 2014 General Election Citizenship Audit Judges of Elections Manual Contents e Instructions to Precinct Officials e Citizenship Audit Review Log e Voting Eligibility Requirements script e Voter educational materials FAQ sheet N C statutes and DHS USCIS fact sheet e Resignation of Voter Registration form sample e Voter
7. Challenge Form sample e Affidavit with attachments as evidence for you to consider sample e Ruling on Election Day Challenge form e Challenged Voter Oath form in English and Spanish sample e Voter examination questions suggested not mandatory e Challenged Ballot Request form e Notice of Hearing Absentee Challenge Only e Absentee Voter FAQ s Absentee Challenge Only These materials contain voter and DMV information that must be kept confidential under certain provisions of state and federal law Instructions to Precinct Officials In Person Election Day Challenge under GS 163 87 If a flagged voter presents to vote ask voter to step over to the precinct official assigned to handle registration issues and other special cases e Read to the voter the Voting Eligibility Requirements script provided in the packet Then provide it to the voter for them to keep Explain to the voter that the State Board of Elections has conducted a citizenship audit and that the voter s record was flagged as a possible match to a non citizen DMV record If you require Spanish Language Assistance please call the State Board of Elections Note The voter is free to leave at any time If the voter leaves without completing any forms please note this information and call the county board of elections office e The precinct official explains that the voter may complete the Resignation of Voter Registration form if the voter realizes t
8. be challenged at the precinct to which the registration is being transferred 163 88 Hearing on challenge made on day of primary or election A challenge entered on the day of a primary or election shall be heard and decided by the chief judge and judges of election of the precinct in which the challenged registrant is registered before the polls are closed on the day the challenge is made When the challenge is heard the precinct officials conducting the hearing shall explain to the challenged registrant the qualifications for registration and voting in this State and shall examine him as to his qualifications to be registered and to vote If the challenged registrant insists that he is qualified and if by sworn testimony he shall prove his identity with the person in whose name he offers to vote and his continued residence in the precinct since he was registered one of the judges of election or the chief judge shall tender to him the following oath or affirmation omitting the portions in brackets if the challenge is heard on the day of an election other than a primary You do solemnly swear or affirm that you are a citizen of the United States that you are at least 18 years of age or will become 18 by the date of the next general election that you have or will have resided in this State and in the precinct for which registered for 30 days by the date of the next general election that you are not disqualified from voting by the Consti
9. national database comprehensively tracks citizenship status and noncitizens may obtain a valid Social Security number a North Carolina Driver s License or other documents sufficient to establish proof of identity or residence for purposes of voting 1 See e g 18 U S C 611 N C Const art VI 1 N C GEN STAT 163 55 a 275 18 2 Foreign born individuals comprise more than 12 of the total U S population with nearly half of them naturalized See U S CENSUS BUREAU American Community Survey 5 Year Estimates Selected Characteristics of the Native and Foreign born Populations http 1 usa gov 1zRUlkn 3 See e g SOCIAL SECURITY ADMINISTRATION Social Security Numbers for Noncitizens August 2013 http 1 usa gov 1CybNe4 4 See e g NC GEN STAT 20 7 s providing that DMV issue driver s licenses to otherwise eligible individuals who presents valid documentation demonstrating their legal presence in the United States 5 Pending the implementation of a photo identification requirement under the Voter Information Verification Act S L 2013 381 it is presently sufficient for otherwise unverified voters to prove their 441 N Harrington Street Raleigh NC 27611 7255 Page 2 Procedures by which our Agency identifies and removes ineligible voters from the rolls have evolved as the State Board has gained access to additional data In 2011 the State Board under prior leadership relied wholly on DMV data to remove
10. or during one stop early voting e Open the provided envelope for that voter The Chief Judge will complete a Voter Challenge Form for any of these voters Manually check the box at the top of the form that indicates that the voter s eligibility to cast an absentee ballot is being challenged The Chief Judge signs the form and places it in a secure location at the polling place and return all materials to the County Board of Elections PAGE 4 OF 25 RTH CAROLINA State Board of Elections Voting Eligibility Requirements The State Board of Elections regularly audits voter registration records to ensure their accuracy A recent audit of voter registration records conducted by the State Board of Elections which included comparisons of records of the North Carolina Department of Motor Vehicles and the Department of Homeland Security U S Citizenship and Immigration Services has indicated that you are registered to vote but the audit was unable to confirm that you are a United States citizen Only U S citizens are eligible to vote in North Carolina Because our audit has identified you as a person who possibly may not be a U S citizen your ballot may be challenged under N C General Statute 166 89 Pursuant to that statute if you are challenged a hearing will be held to determine your eligibility to vote As part of that hearing you will be asked to take an oath stating that you are a citizen Because this audit relied on t
11. person fraudulently as a voter or to attempt thereby to secure to any person the privilege of voting including declarations made under this Chapter G S 20 37 7 d 5 20 37 7 d 6 130A 93 1 c and 161 10 a 8 For any person knowing that a person is not a citizen of the United States to instruct or coerce that person to register to vote or to vote PAGE 12 OF 25 U S Department of Homeland Security U S Citizenship and Immigration Services Verification Division Washington DC 20024 ART Ses U S Citizenship and Immigration Services oH U Sy y YU K O LAND SCO Information for Applicants Verification of Immigration Status and How to Correct Your Record with USCIS Many federal state and local agencies verify the immigration status of benefit applicants to ensure that only qualified aliens or naturalized and derived citizens receive benefits These agencies verify immigration status by using the Systematic Alien Verification for Entitlements SAVE Program of the U S Department of Homeland Security U S Citizenship and Immigration Services USCIS The benefit granting agency has submitted your information to the SAVE Program for verification Because the SAVE Program cannot confirm your immigration status after completion of a process that includes the agency providing USCIS with a copy of your immigration documentation you must be given an opportunity to correct your records with USCIS and rea
12. register to vote or vote in N C elections because he or she is not a U S citizen Authority for Challenge N C Gen Stat Article 8 N C Gen Stat 8 163 55 a Pursuant to the authority granted by N C Gen Stat 88 163 47 c 163 87 163 88 the undersigned Chief Judge and Judges of Elections conducted a hearing into the qualifications and eligibility of the above named challenged Registrant who personally appeared before us The Registrant was informed of the qualifications for registration and voting in this State and the Registrant s qualifications were examined The Registrant LJ did not assert that he or she was qualified to be registered and vote Sustain the challenge on page 2 LJ insisted that he or she was qualified to be registered and vote but refused to be sworn or to take the oath prescribed by N C Gen Stat 163 88 Sustain the challenge on page 2 O insisted that he or she was qualified to be registered and vote was sworn and by sworn testimony offered proof of his or her identity with the person in whose name he or she offered to vote and his or her continued residence in the precinct since the time of registration The Registrant was administered the oath prescribed by N C Gen Stat 163 88 Upon consideration of the evidence provided by the Challenger the sworn testimony of the Registrant and the review of any and all evidence offered by the Registrant the Chief Judge and Judges of Elections find as follow
13. registered or vote in such county No such challenge may be made after the twenty fifth day before each primary general or special election b Challenges Shall Be Made to the County Board of Elections Each challenge shall be made separately in writing under oath and on forms prescribed by the State Board of Elections and shall specify the reasons why the challenged voter is not entitled to register remain registered or vote When a challenge is made the board of elections shall cause the word challenged to be written in pencil on the registration records of the voter challenged The challenge shall be signed by the challenger and shall set forth the challenger s address c Grounds for Challenge Such challenge may be made only for one or more of the following reasons 1 That a person is not a resident of the State of North Carolina or 2 That a person is not a resident of the county in which the person is registered provided that no such challenge may be made if the person removed his residency and the period of removal has been less than 30 days or 3 That a person is not a resident of the precinct in which the person is registered provided that no such challenge may be made if the person removed his residency and the period of removal has been less than 30 days or 4 That a person is not 18 years of age or if the challenge is made within 60 days before a primary that the person will not be 18 years of age by the next gen
14. signs page 2 of the form Chief Judge informs the Voter that the challenge has been sustained and asks the Voter if he she would like to vote a challenged ballot Check the appropriate box on page 2 Give the Voter the Educational Materials and the DHS USCIS Fact Sheet Step 10 Collect and return all materials to the County Board of Elections after the close of polls PAGE 3 OF 25 Challenged Ballot Procedure If the voter requests a challenged ballot after the challenge is sustained have the voter fill out the Challenged Ballot Request Form A Precinct Judge must sign the bottom of the form Place the completed form into the voter s envelope for return to the county board of elections Follow the directions for a challenged ballot found in NCGS 163 88 1 page 166 in your gray elections law book NCGS 163 88 1 a If the decision of the chief judge and judges pursuant to G S 163 88 is to sustain the challenge the challenged voter may request a challenged ballot by submitting an application to the chief judge such application shall include as part thereof an affidavit that such person possesses all the qualifications for voting and is entitled to vote at the election The form of such affidavit shall be prescribed by the State Board of Elections and Shall be available at the polls b Any person requesting a challenged ballot shall have the letter C entered at the appropriate place on the voter s permanent registrat
15. the law It is also possible that someone registered you to vote fraudulently without your knowledge You should contact your local board of elections or the State Board of Elections for help determining how you became registered You should speak with a lawyer if you have concerns about the legal issues Do I need to hire a lawyer for this hearing It is your decision whether you feel like you need representation at the hearing The hearing before the county board of elections is only to determine whether your vote should count It is not a court and it cannot impose any penalties You can be represented at the hearing by anyone that you authorize but if you are not going to attend you must provide the county board of elections with an affidavit stating the following 1 You are over the age of 18 2 You have resided in the State and the precinct in which you are registered for at least 30 days prior to voting in the election 3 You are not disqualified from voting by the Constitution or laws of this State 4 You are named and were duly registered as a voter of precinct in such name and that you are the person represented to be by the affidavit What about other than the hearing Should hire a lawyer Again it is up to you whether you feel like you require an attorney However this is a serious matter with potential criminal penalties You should speak to a lawyer if you have concerns What happens if do not come to the hear
16. DMV Matched Record is attached hereto and incorporated herein by reference as EXHIBIT A 10 Further affiant sayeth not This the 31st day of October 2014 BY Marc Burris Information Systems Director North Carolina State Board of Elections STATE OF NORTH CAROLINA COUNTY OF WAKE Signed and sworn to or affirmed before me this day by Marc Burris Date This the 3 ist day of October 2014 ij Notary Public Notary s Signature Notary s Printed Name My commission expires December 29 2016 Official Seal PAGE 17 OF 25 EXHIBIT A Page 1109 of 1455 Citizenship Audit Report VOTER DMV MATCHED RECORD DMV Number Driver s License or State ID E ll lll AE A eee E E se E E aa Se last digits u Lay RAT Alien ID number or Legal Presence Document number Legal Presence Document type THE ABOVE INFORMATION IS CONFIDENTIAL Disclosure in whole or in part may constitute a violation of 18 U S C 2721 N C GEN STAT 163 82 10 and other provisions of state and federal law This Exhibit is not a public record PAGE 18 OF 25 I do solemnly swear or affirm that I am a citizen of the United States that I am at least 18 years of age that I have resided in this State and in the precinct for which registered for 30 days that I am not disqualified from voting by the Constitution and laws of this State that my name is and that in such name I was duly registered as a v
17. If it is delivered to the chief judge the chief judge shall personally deliver the challenge to the chairman of the county board of elections on the day of the county canvass e Hearing Procedure All challenges filed under this section shall be heard by the county board of elections on the day set for the canvass of the returns All members of the board shall attend the canvass and all members shall be present for the hearing of challenges to absentee ballots Before the board hears a challenge to an absentee ballot the chairman shall mark the word challenged after the voter s name in the register of absentee ballot applications and ballots issued and in the pollbook of absentee voters The board then shall hear the challenger s reasons for the challenge and it shall make its decision without opening the container return envelope or removing the ballots from it PAGE 10 OF 25 The board shall have authority to administer the necessary oaths or affirmations to all witnesses brought before it to testify to the qualifications of the voter challenged or to the validity or invalidity of the ballot If the challenge is sustained the chairman shall mark the word sustained after the word challenged following the voter s name in the register of absentee ballot applications and ballots issued and in the pollbook of absentee voters the voter s ballots shall not be counted and the container return envelope shall not be opened but shall be marked C
18. Mailing Address P O Box 27255 Raleigh NC 27611 7255 N RTH CAROLINA Phone 019 733 7173 A Fax 919 715 0135 State Board of Elections KIM WESTBROOK STRACH Executive Director February 6 2015 VIA EMAIL amp U S MAIL The Honorable Chris Millis 300 N Salisbury Street Room 609 Raleigh NC 27603 5925 Chris MillisOncleg net RE Results of a Citizenship Audit conducted by the State Board of Elections prior to the 2014 General Election Dear Representative Millis This letter responds to your request for a summary of steps taken by the State Board of Elections in response to certain citizenship data provided by the N C Division of Motor Vehicles DMV U S Department of Homeland Security DHS and U S Citizenship and Immigration Services USCIS ahead of the 2014 General Election We have appreciated your patience The State Board of Elections is committed to using available tools to conduct ongoing audits of North Carolina s voter rolls We pursue this goal principally by establishing data sharing relationships with governmental agencies both inside and outside of North Carolina Among other eligibility criteria the State Board undertakes efforts to monitor the citizenship status of current registrants It is unlawful for a noncitizen to register or to vote in North Carolina However auditing citizenship status poses significant challenges especially because many foreign born residents acquire citizenship 2 No
19. XV3Lh Those who choose to provide optional Social Security information on the Voter Registration Application only provide the last four digits The State Board of Elections does not presently possess nine digit Social Security numbers for registered voters 9 See e g U S CITIZENSHIP AND IMMIGRATION SERVICES General Policies and Procedures vol 12 ch 4 Automatic Acquisition of Citizenship after Birth http 1 usa gov 16kKtlk A person who automatically obtains citizenship is not required to file an Application for Certificate of Citizenship Page 3 registered voter This process moved slowly as SAVE does not allow for batched data queries In October 2014 in house technical staff developed a programing tool that allowed our Agency to automate individual queries run through the SAVE web platform In this way staff reduced to days what had taken many months of manual data entry Automation also allowed staff to double check results and filter for updated citizenship status Staff still manually reviewed results to filter false matches between the voter record and the possible noncitizen 1 This process ultimately identified 1 454 individuals on the voter rolls in 81 counties whose citizenship status was in question 12 Special Challenge Guidance The timing of our audit13 required that staff quickly prepare special challenge instructions for the 81 affected counties ahead of Election Day The result was a 25 page docume
20. ally checking the citizenship status of more than 10 000 individuals who provided DMV with legal presence documents and who had matched the record of a currently identity by presenting a current utility bill bank statement or other government document See NC GEN STAT 163 166 12 6 This procedure received pre clearance from the U S Department of Justice Civil Rights Division via correspondence dated December 23 2011 7 The SAVE platform requires that users provide substantial identifying information in order to conduct a search including alien identification number in order to conduct a search including first name last name alien identification number and non citizen identification document type e g a green card permanent resident card etc See e g Memorandum of Agreement Between the Department of Homeland Security U S Citizenship and Immigration Services and North Carolina State Board of Elections executed September 10 2013 The State Board of Elections obtains name and alien identification numbers from the DMV Accordingly our Agency is able to check only those registered voters who presented legal presence documents to the DMV 8 While many employers make use of the E Verify platform managed by USCIS to confirm eligibility to work querying that system requires a full nine digit Social Security number See e g U S CITIZENSHIP AND IMMIGRATION SERVICES E Verify User Manual for Employers June 2014 7 http 1 usa gov 1z
21. arent or an older sibling can testify that he or she remembers your birth and that you were born in the U S or if your spouse can testify that he or she was present at your naturalization ceremony Q lama citizen Where did the information come from that am not and how do fix it A The information about citizenship status came from a variety of different sources including the N C DMV and the DHS USCIS If you believe that there is an error in these records please contact the State Board of Elections If you were previously a legal presence customer with DMV but have since been naturalized and are now a citizen you should contact DMV to find out how to update your records there This packet also contains information on how to contact DHS USCIS to correct your records with that agency PAGE 24 OF 25 PO PO PO 20 Aren t I entitled to vote if am a lawful permanent resident and have a green card No Only U S citizens may vote in elections in N C Citizens are those individuals that were born in the U S or have become naturalized don t remember registering to vote Am I in trouble Maybe If you intentionally registered to vote knowing that you were not eligible you could be prosecuted However if for example you registered to vote at the Division of Motor Vehicles at a public assistance office or at a voter registration drive and you were not aware that you were doing so then you may not have violated
22. at 163 88 1 O The challenged Registrant has requested a challenged ballot pursuant to N C Gen Stat 163 88 1 by submitting an application to the Chief Judge of Elections and completing the affidavit included as a part thereof The Chief Judge shall deposit the ballot in a sealed and serially numbered envelope to be delivered to the Chairman of the County Board of Elections at the canvass PAGE 21 OF 25 CHALLENGED BALLOT REQUEST NORTH CAROLINA COUNTY OF HU hereby appeal the decision of the challenge against me this fourth day of November 2014 Signature of voter being challenged APPLICATION FOR CHALLENGED BALLOT To the chief judge of the y precinct a County State of North Carolina l a qualified voter having had my right to vote in this Primary or election challenged and said challenge having been sustained by the judges and chief judge of the above named precinct do hereby apply for a CHALLENGED BALLOT pursuant to the provisions of NCGS 163 88 1 This application is supported by the following AFFIDAVIT AFFIDAVIT IN SUPPORT OF APPLICATION FOR CHALLENGED BALLOT Of the J precinct County of State of North Carolina being duly sworn on his or her oath deposes and says am a citizen of the United States and possess all of the qualifications for voting and am entitled to vote in this election This is the fourth day of November 2014 Signature of voter being challenged Sworn and subscribed
23. bed in this Chapter be qualified to vote in the precinct in which the person resides Removal from one precinct to another in this State shall not operate to deprive any person of the right to vote in the precinct from which the person has removed until 30 days after the person s removal Except as provided in this Chapter the following classes of persons shall not be allowed to vote in this State 1 Persons under 18 years of age 2 Any person adjudged guilty of a felony against this State or the United States or adjudged guilty of a felony in another state that also would be a felony if it had been committed in this State unless that person shall be first restored to the rights of citizenship in the manner prescribed by law b Precincts For purposes of qualification to vote in an election a person s residence in a precinct shall be determined in accordance with G S 163 57 Qualification to vote in referenda shall be treated the same as qualification for elections to fill offices c Elections For purposes of the 30 day residence requirement to vote in an election in subsection a of this section the term election means the day of the primary second primary general election special election or referendum 163 85 Challenge procedure other than on day of primary or election a Right to Challenge When Challenge May Be Made Any registered voter of the county may challenge the right of any person to register remain
24. before me This is the fourth day of November 2014 Signature of election official authorized to administer oaths PAGE 22 OF 25 File No MN NORTH CAROLINA mu COUNTY COUNTY BOARD OF ELECTIONS IN THE MATTER OF ELECTION CHALLENGE PURSUANT TO GS 163 85 C AND 163 89 NOTICE OF HEARING ABSENTEE BALLOT CHALLENGE wae n a a a O O NOS wa You are notified that a hearing on a challenge of your absentee ballot and your eligibility as a registered voter will be conducted by the County Board of Elections at the time and place specified below You are notified that should you wish to dispute the challenge you must appear either in person or through an authorized representative If you do not appear the challenge may be sustained and your ballot declared invalid Date of Hearing Time Of Hearing Location Of Hearing A D Des YOUR ABSENTEE BALLOT HAS BEEN CHALLENGED Challenger Chief Judge of Elections SE County Precinct y Basis of Challenge You are not qualified to register to vote or vote in N C elections because you are not a citizen of the United States of America Authority for Challenge N C Gen Stat 163 85 c 8 N C Gen Stat 163 55 a Instructions If you dispute this challenge and allege that you are a U S citizen and therefore qualified to register to vote and eligible to participate in N C elections you are directed to appear in person or through an authorized representative before the Count
25. e of birth for an individual flagged by both DMV and the SAVE database 2 The number represents roughly 0 02 of the state s 6 3 million registered voter records 3 Our Agency finalized its citizenship audit on October 24 2014 one day after the beginning of one stop early voting and 49 days after the beginning of mail in absentee voting Certain flagged individuals had already cast a ballot at the time the audit was complete 4 State statute exclusively authorizes county and precinct elections officials to conduct and decide voter challenges with rulings appealable to the Superior Court See NC GEN STAT 163 84 90 The State Board of Elections cannot directly challenge voters 5 See STATE BOARD OF ELECTIONS Special Instructions to Aftected Counties Regarding the Results of a Citizenship Audit Conducted by the State Board of Elections Prior to the 2014 General Election 6 See e g NC GEN STAT 163 90 1 describing the burden of proof in challenge proceedings 7 Voters are only permitted to vote a regular ballot in their properly assigned precinct See S L 2013 38 49 1 amending NC GEN STAT 163 55 Accordingly elections officials were able to target only the flagged voter s assigned precinct rather than instruct all county precincts to watch for every flagged voter registered within the county Page 4 flagged registrants 89 attempted to vote in the 2014 General Election Various counties conducted independent res
26. earch into citizenship status of the flagged registrants outside of the challenge process In some instances the registrant produced a valid U S Passport to poll workers prior to any challenge proceeding Ultimately elections officials challenged 24 registrants 11 of which were sustained No registrant voted who was flagged as part of the Federal Deferred Action for Childhood Arrivals DACA program County Board of Elections offices reported a wide range of scenarios for the small proportion of flagged registrants who attempted to vote in the 2014 General Election Some registrants when informed that they were flagged in the State Board of Elections audit voluntarily canceled their registration after officials informed them of eligibility requirements and offered the registrant an opportunity to self remove My office has prepared the enclosed Summary Disposition Chart indicating how county elections officials handled flagged registrants who attempted to vote in the 2014 General Election Post election Actions Outcomes from the 2014 General Election demonstrate the limited utility of current data as the basis for Election Day challenges It is likely that DMV and SAVE data will be of greater use as regular auditing tools We have prepared and are mailing letters to flagged registrants requiring documentation demonstrating their citizenship If a voter fails to provide copies of appropriate documentation or fails to respond within 30 day
27. ection official making the record 4 In the course of performing my day to day duties as Information Systems Director I regularly review voter registration records and the other State and federal databases referenced in this affidavit 5 The facts herein are true based on my personal knowledge or based upon knowledge gained from my review of the SBE business records relating to the Voters 6 In October 2014 the SBE conducted an audit of the North Carolina voter registration records including that of the Voter which were compared against customer records provided by the N C Division of Motor Vehicles herein DMV The audit resulted in a potential match of the Voter s record to a DMV customer record herein DMV Matched Record which indicated that the individual was not a U S citizen 7 SBE submitted information from the DMV Matched Record to a database maintained by the U S Department of Homeland Security U S Citizenship and Immigration Service herein DHS USCIS including the first last name date of birth alien identification number or legal presence document number and legal presence document type for the DMV Matched Record Any DMV Matched Record identified by DHS USCIS as a U S citizen was excluded from the list of potential non citizens 8 Upon information and belief SBE s audit indicated that the DMV Matched Record belonged to a non citizen of the United States 9 A comparison of the Voter and the
28. el like you require an attorney However this is a serious matter with potential criminal penalties You should speak to a lawyer if you have concerns Where can I find more information or get my questions answered You can call the State Board of Elections and someone will assist you with questions about your registration and this process However staff at the State Board of Elections cannot give you legal advice If you feel like you need to talk with someone about the legal issues related to your situation you should contact an attorney You may want to contact the N C State Bar or the N C Bar Association for assistance finding an attorney or contact Legal Aid As a reference for you some of the statutes relating to these issues have been reproduced below State Board of Elections Mailing Address PO Box 27255 Raleigh NC 27611 7255 Physical Address 441 North Harrington St Raleigh NC 27603 Phone 919 733 7173 or 866 522 4723 Email elections sboe ncsbe gov PAGE 7 OF 25 APPLICABLE PROVISIONS GENERAL STATUTES OF NORTH CAROLINA 163 55 Qualifications to vote exclusion from electoral franchise a Residence Period for State Elections Every person born in the United States and every person who has been naturalized and who shall have resided in the State of North Carolina and in the precinct in which the person offers to vote for 30 days next preceding an election shall if otherwise qualified as prescri
29. eral election or 5 That a person has been adjudged guilty of a felony and is ineligible to vote under G S 163 55 2 or 6 7 Repealed by Session Laws 1985 c 563 ss 11 1 11 2 7a That a person is dead or 8 That a person is not a citizen of the United States or 9 With respect to municipal registration only that a person is not a resident of the municipality in which the person is registered or 10 That the person is not who he or she represents himself or herself to be d Preliminary Hearing When a challenge is made the county board of election shall schedule a preliminary hearing on the challenge and shall take such testimony under oath and receive such other evidence proffered by the challenger as may be offered The burden of proof shall be on the challenger and if no testimony is presented the board shall dismiss the challenge If the challenger presents evidence and if the board finds that PAGE 8 OF 25 probable cause exists that the person challenged is not qualified to vote then the board shall schedule a hearing on the challenge e Prima Facie Evidence That Voter No Longer Resides in Precinct The presentation of a letter mailed by returnable first class mail to the voter at the address listed on the voter registration card and returned because the person does not live at the address shall constitute prima facie evidence that the person no longer resides in the precinct 163 87 Effective unti
30. ess Privacy Act Amendment U S Citizenship and Immigration Services National Records Center FOIA PA Office Rev Ver June 16 2009 PAGE 13 OF 25 P O Box 648010 Lee s Summit MO 64064 8010 We recommend that you include the following information in your submission if available e State that you were denied benefits Copies of your immigration naturalization status documents e Information that is inaccurate e Reason it is inaccurate e Proposed change s to the record e A File number and or the full name e Date and place of birth e Notarized signature of the applicant e A return address e Other information that may assist in locating the record If you do not know the information you need to correct you may submit a written request to obtain your records by submitting Form G 639 FOIA PA Request This form is available from the nearest USCIS office or online at http www uscis gov files form g 639 pdf You should use the address specified above but mark the envelope Privacy Act Request rather than Privacy Act Amendment PAGE 14 OF 25 RESIGNATION OF VOTER REGISTRATION NORTH CAROLINA COUNTY OF My i do voluntarily resign my full legal name voter registration in WWW County North Carolina I am not eligible to vote I hereby request that I be removed from North Carolina s voter registration rolls as soon as possible Signature of Voter Date Printed Name of Voter Phone Number Addr
31. ess used in N C voter registration Mailing address if different from above Signature of Witness or Notary Public Date Printed Name of Witness or Notary Public Address and Phone Number of Witness or Notary Public PAGE 15 OF 25 VOTER CHALLENGE FORM NORTH CAROLINA COUNTY OF E FRAUDULENTLY OR FALSELY COMPLETING THIS FORM IS A CLASS I FELONY UNDER CHAPTER 163 OF THE NC GENERAL STATUTES TO MN COUNTY BOARD OF ELECTIONS challenge the right of to X Vote _ Cast an Absentee Ballot in the County of in the Precinct in the City of This challenge is made based on my knowledge suspicion or reasonable belief that the above named voter is not eligible to register to vote or vote for the reason s indicated below mark appropriate reason The person is not a resident of the State of North Carolina The person is not a resident of the county in which the person is registered The person is not a resident of the precinct in which the person is registered The person is not a resident of the municipality in which the person is registered The person is not eighteen years of age or if this challenge is made within 60 days before a primary the person will not be eighteen years of age by the next general election The person has been adjudged guilty of a felony and the person s rights of citizenship have not been restored The person is dead The person is not a citizen of the United States The person i
32. ewide primary or general election or county bond election beginning no earlier than noon and ending no later than 5 00 P M or by the chief judge at the time of closing of the polls as provided in G S 163 232 and G S 163 251 b The absentee ballot of any voter received by the county board of elections pursuant to G S 163 231 b ii or iii may be challenged no earlier than noon on the day following the election and no later than 5 00 p m on the next business day following the deadline for receipt of such absentee ballots b Who May Challenge Any registered voter of the same precinct as the absentee voter may challenge that voter s absentee ballot c Form and Nature of Challenge Each challenged absentee ballot shall be challenged separately The burden of proof shall be on the challenger Each challenge shall be made in writing and if they are available shall be made on forms prescribed by the State Board of Elections Each challenge shall specify the reasons why the ballot does not comply with the provisions of this Article or why the absentee voter is not legally entitled to vote in the particular primary or election The challenge shall be signed by the challenger d To Whom Challenge Addressed to Whom Challenge Delivered Each challenge shall be addressed to the county board of elections It may be filed with the board at its offices or with the chief judge of the precinct in which the challenger and absentee voter are registered
33. hallenge Sustained All envelopes so marked shall be preserved intact by the chairman for a period of six months from canvass day or longer if any contest then is pending concerning the validity of any absentee ballot If the challenge is overruled the absentee ballots shall be removed from the container return envelopes and counted by the board of elections and the board shall adjust the appropriate abstracts of returns to show that the ballots have been counted and tallied in the manner provided for unchallenged absentee ballots If the challenge was delivered to the board by the chief judge of the precinct and was sustained the board shall reopen the appropriate ballot boxes remove such ballots determine how those ballots were voted deduct such ballots from the returns and adjust the appropriate abstracts of returns Any voter whose ballots have been challenged may either personally or through an authorized representative appear before the board at the hearing on the challenge and present evidence as to the validity of the ballot 163 90 1 Burden of proof a Challenges shall not be made indiscriminately and may only be made if the challenger knows suspects or reasonably believes such a person not to be qualified and entitled to vote b No challenge shall be sustained unless the challenge is substantiated by affirmative proof In the absence of such proof the presumption shall be that the voter is properly registered or affiliated
34. has reviewed contain errors You will now have an opportunity to demonstrate that you are a citizen at the hearing before the Judges of Elections and your vote will be counted if the challenge is overruled Q lama citizen Where did the information come from that am not and how do fix it A The information about citizenship status came from a variety of different sources including the N C DMV and the DHS USCIS If you believe that there is an error in these records please contact the State Board of Elections If you were previously a legal presence customer with DMV but have since been naturalized and are now a citizen you should PAGE 6 OF 25 PO PO PO contact DMV to find out how to update your records there This packet also contains information on how to contact DHS USCIS to correct your records with that agency Aren t entitled to vote if I am a lawful permanent resident and have a green card No Only U S citizens may vote in elections in N C Citizens are those individuals that were born in the U S or have become naturalized Do need to hire a lawyer for this hearing It is your decision whether you feel like you need representation at the hearing The hearing before the precinct Judges of Elections is only to determine whether your vote should count It is not a court and it cannot impose any penalties What about other than the hearing Should I hire a lawyer Again it is up to you whether you fe
35. hat he she should not be registered Provide the voter with an opportunity to complete the form and to ask any questions the voter may have Provide the voter with the DHS USCIS Fact Sheet to take home along with the provided Educational Materials Maintain the form with the other documents for that voter No further action needed e If the voter insists that he she is a citizen and is entitled to vote explain that if the voter still wishes to vote today a precinct official may challenge the voter s registration and that the voter will have the opportunity to provide sworn testimony or evidence that the voter is a U S citizen and entitled to vote e Precinct judges will be notified to initiate challenge procedures PAGE 1 OF 25 Challenge Procedure GS 163 88 Step 1 If the Voter wishes to proceed with voting one of the Precinct Assistants may initiate a challenge by completing the Voter Challenge Form Step 2 A Precinct Judge will administer the oath to the challenger the Precinct Assistant and sign the bottom of the Voter Challenge Form The Chief Judge fills in the date time location and challenger information on the Ruling on Election Day Challenge form Step 3 Chief Judge or Precinct Judge places Voter under oath using the following oath or affirmation Do you solemnly swear affirm that the testimony you are about to give is the truth the whole truth and nothing but the truth so help you God or and this is
36. he matching of records and different sources of information maintained by various state and federal agencies it is possible that the results may contain inaccuracies If you believe that the results of this audit are in error and that you are not the person identified by our review of the records or that information regarding your citizenship status is incorrect you are entitled to present that information and any evidence you may have tending to show that you are eligible to vote If a challenge is made and sustained you may still vote what is called a challenge ballot have educational materials you may review concerning eligibility to vote in North Carolina If after reviewing these materials you believe you are eligible vote you may proceed to do so subject to challenge If after reviewing these materials you believe that you are not eligible to vote no further action is required at this time If you would like to you may complete a resignation of registration form so that you may be voluntarily removed from the voting rolls PAGE 5 OF 25 a N RTH CAROLINA State Board of Elections ELECTION DAY CHALLENGE INFORMATION You are receiving this information because your eligibility to vote is subject to challenge on the basis that you are not a U S citizen Only citizens are qualified to register or to vote in elections throughout North Carolina See N C GEN STAT 163 55 If you are not a citizen it is recommended that y
37. ing If you do not appear at the hearing the challenge may be sustained and your ballot not counted If you are not a citizen and you do not plan to contest the basis of the challenge you need not appear at the hearing You would only need to appear at the hearing if you plan to argue that you are eligible to vote Where can find more information or get my questions answered You can call the State Board of Elections and someone will assist you with questions about your registration and this process However staff at the SBOE cannot give you legal advice If you feel like you need to talk with someone about the legal issues related to your situation you should contact an attorney You may want to contact the N C State Bar or the N C Bar Association for assistance finding an attorney or contact Legal Aid As a reference for you some of the statutes relating to these issues have been reproduced below 2 NEFRTH CAROLINA State Board of Elections Mailing Address PO Box 27255 Raleigh NC 27611 7255 Physical Address 441 North Harrington St Raleigh NC 27603 Phone 919 733 7173 or 866 522 4723 Email elections sboe ncsbe gov PAGE 25 OF 25
38. ion record The voter s name shall be entered on a separate page in the pollbook entitled Challenged Ballot and serially numbered The challenged ballot shall be the same type of ballot used for absentee voters and the chief judge shall write across the top of the ballot Challenged Ballot carito de and shall insert the same serial number as entered in the pollbook The chief judge shall deliver to such voter a challenged ballot together with an envelope marked Challenged Ballot and serially numbered The challenged voter shall forthwith mark the ballot in the presence of the chief judge in such manner that the chief judge shall not know how the ballot is marked He shall then fold the ballot in the presence of the chief judge so as to conceal the markings and deposit and seal it in the serially numbered envelope He shall then deliver such envelope to the chief judge The chief judge shall retain all such envelopes in an envelope provided by the county board of elections which he shall seal immediately after the polls close and deliver to the board chairman at the canvass Instructions to Precinct Officials Absentee Ballot Challenge under GS 163 89 e At the close of polls review the list of voters in your pollbook along with any supplemental list of absentee voters provided by the County Board of Elections and determine if any of the voters listed on your Citizenship Audit Review Log have cast an absentee ballot by mail
39. l January 1 2016 Challenges allowed on day of primary or election On the day of a primary or election at the time a registered voter offers to vote any other registered voter of the county may exercise the right of challenge and when he does so may enter the voting enclosure to make the challenge but he shall retire therefrom as soon as the challenge is heard On the day of a primary or election any other registered voter of the county may challenge a person for one or more of the following reasons 1 One or more of the reasons listed in G S 163 85 c 2 That the person has already voted in that primary or election 3 Repealed by Session Laws 2009 541 s 16 1 b effective August 28 2009 4 If the challenge is made with respect to voting in a partisan primary that the person is a registered voter of another political party The chief judge judge or assistant appointed under G S 163 41 or 163 42 may enter challenges under this section against voters in the precinct for which appointed regardless of the place of residence of the chief judge judge or assistant If a person is challenged under this subsection and the challenge is sustained under G S 163 85 c 3 the voter may still transfer his registration under G S 163 82 15 e if eligible under that section and the registration shall not be cancelled under G S 163 90 2 a if the transfer is made A person who has transferred his registration under G S 163 82 15 e may
40. ll in connection with any primary general or special election held in this State do any of the acts or things declared in this section to be unlawful shall be guilty of a Class felony It shall be unlawful 1 For any person fraudulently to cause his name to be placed upon the registration books of more than one election precinct or fraudulently to cause or procure his name or that of any other person to be placed upon the registration books in any precinct when such registration in that precinct does not qualify such person to vote legally therein or to impersonate falsely another registered voter for the purpose of voting in the stead of such other voter PAGE 11 OF 25 3 4 6 13 18 For any person who is an election officer a member of an election board or other officer charged with any duty with respect to any primary or election knowingly to make any false or fraudulent entry on any election book or any false or fraudulent returns or knowingly to make or cause to be made any false statement on any ballot or to do any fraudulent act or knowingly and fraudulently omit to do any act or make any report legally required of such person For any person knowingly to swear falsely with respect to any matter pertaining to any primary or election For any person to take corruptly the oath prescribed for voters For any person falsely to make or present any certificate or other paper to qualify any
41. lot and serially numbered The challenged voter shall forthwith mark the ballot in the presence of the chief judge in such manner that the chief judge shall not know how the ballot is marked He shall then fold the ballot in the presence of the chief judge so as to conceal the markings and deposit and seal it in the serially numbered envelope He shall then deliver such envelope to the chief judge The chief judge shall retain all such envelopes in an envelope provided by the county board of elections which he shall seal immediately after the polls close and deliver to the board chairman at the canvass c The chairman of the county board of elections shall preserve such ballots in the sealed envelopes for a period of six months after the election However in the case of a contested election either party to such action may request the court to order that the sealed envelopes containing challenged ballots be delivered to the board of elections by the chairman If so ordered the board of elections shall then convene and consider each challenged ballot and rule as to which ballots shall be counted In such consideration the board may take such further evidence as it deems necessary and shall have the power of subpoena If any ballots are ordered to be counted they shall be added to the vote totals 163 89 Procedures for challenging absentee ballots a Time for Challenge The absentee ballot of any voter may be challenged on the day of any stat
42. mn affirmation If the Voter refuses to take the oath Chief Judge checks the appropriate box on page 1 of the Ruling on Election Day Challenge form the box on page 2 indicating that the challenge is sustained and signs page 2 of the form Chief Judge informs the Voter that the challenge has been sustained and asks the Voter if he she would like to vote a challenged ballot Check the appropriate box on page 2 Give the Voter the Educational Materials and the DHS USCIS Fact Sheet PAGE 2 OF 25 Step 6 Step 7 Step 8 Request that the Voter sign the Challenged Voter Oath Form attesting to the oath in written form and retain the form Chief Judge and Precinct Judges Precinct Judges examine Challenger s proof the Affidavit The Challenger always bears the burden of proof Judges must presume Voter is qualified to vote If the Judges believe that the Challenger s evidence supports the challenge provide the Voter with the opportunity to give further testimony or present evidence as to his her status as a U S citizen Some questions that may be helpful to you are included in this manual as a guideline You may ask whatever questions you feel are appropriate and helpful Try wherever possible to accommodate language communication barriers It is permissible for Judges to consider the Voter s oath alone to be sufficient evidence to overcome the evidence presented by the Challenger and Judges may choose to require no f
43. nt that included detailed steps to be taken when a flagged individual presented to vote answers to frequently asked questions educational materials for the voter as well as an individualized affidavit noting the particular reasons the voter was flagged 1 Aware of the limitations of the data relating to delays in updating the SAVE database and the possibility that a registrant had derived citizenship as a minor without requesting a Certificate of Citizenship our guidance stressed that the burden of proof in a voter challenge proceeding is on the challenger not the voter 16 Our intent was to provide a mechanism whereby precinct officials could provide eligibility information to flagged registrants make further inquiry when necessary and to ensure due process in the event a registrant was challenged A redacted example of our guidance is enclosed for your reference County officials worked diligently to ensure that our guidance and challenge packets were available at the flagged registrant s precinct voting location 7 Of the 1 454 10 Staff entered data manually using the SAVE web portal Other states have noted anecdotally that they rarely use the SAVE platform because it does not allow batched data queries 11 Variations sometimes exist between voter registration information and data provided by the DMV e g an individual may not have updated a registration after marriage but otherwise matched the first and middle names street address and dat
44. oter of this precinct that I am the person I represent myself to be and that I have not voted in this election at this or any other voting place So help me God Usted jura solemnemente o afirma que es ciudadano de los Estados Unidos que tiene por lo menos 18 a os de edad que ha residido en este Estado y en el recinto en el cual se inscribi durante 30 d as que no est inhabilitado para votar por la Constituci n y las leyes de este Estado que su nombre es y que bajo tal nombre fue debidamente inscrito como votante de este recinto que usted es la persona que representa ser y que no ha votado en estas elecciones en este o en cualquier otro lugar de votaci n Bajo el amparo de Dios Signature Name NC Street Address City Zip Code Sworn to and subscribed before me this the 4 day of November 2014 Signature of Election Official authorized to administer oaths Name print and Title PAGE 19 OF 25 File No MN NORTH CAROLINA mu COUNTY COUNTY BOARD OF ELECTIONS IN THE MATTER OF RULING ON ELECTION DAY CHALLENGE ELECTION CHALLENGE PURSUANT TO GS ARTICLE 8 AND GS 163 55 a YS Le O O YS ww At the time and place indicated below a hearing was conducted on the challenge to the eligibility of the above named registered voter Date of Hearing Time Of Hearing Location Of Hearing Name of Challenger County and Precinct of Voter Registration Basis of Challenge Voter is not qualified to
45. ou complete the provided Resignation of Voter Registration form immediately and return it to an elections official at your precinct Under North Carolina law registering to vote if not eligible to do so knowingly making a false statement on voter registration forms and voting illegally in an election are punishable as Class felonies Along with this sheet you should have received a document containing the information you should use to contact the DHS USCIS and obtain a copy of your Naturalization Certificate or Certificate of Citizenship or to correct your records with that agency if necessary If you require this information in a language other than English visit http 1 usa gov 101USz5 Frequently Asked Questions Q Why is this happening A The State Board of Elections has been auditing its records A part of that audit is checking for people who are registered to vote who are not eligible Your voter registration information was compared to a database of DMV customers who are legally present in the United States but are not U S citizens Your information matched a DMV record of a non citizen and so information was sent to the Department of Homeland Security U S Citizenship and Immigration Service DHS USCIS for a verification of citizenship report The report we received did not indicate that you are a citizen Q I know I am a citizen What happens now A It is possible that the records that the State Board of Elections
46. pply for the benefit and or appeal the denial of the benefit Please note that there are a number of reasons why the SAVE Program may not be able to verify your immigration status The inability of the SAVE Program to verify your status does not necessarily mean that you are not authorized to be in the United States or are ineligible to receive the benefit for which you applied If you believe that the SAVE Program response to the benefit granting agency did not provide accurate information about your actual immigration status and or you need to make corrections to your immigration record please contact USCIS by using one of the following methods 1 Schedule an appointment for an in person interview at a local USCIS office You may schedule an appointment at a local USCIS office at the InfoPass website http infopass uscis gov or by calling the National Customer Service Center 1 800 375 5283 Scheduling an appointment is the fastest way to correct your records We recommend that you bring to your appointment this Fact Sheet documentation evidencing your immigration status and any information provided by the benefit granting agency concerning why your immigration status makes you ineligible to receive the benefit 2 Submit a request in writing If you know the information that needs to be corrected in your record you may submit a request to correct your records to the Freedom of Information Act Privacy Act FOIA PA Office at the following addr
47. s PAGE 20 OF 25 Date Decision Signature 11 4 2014 Name print Precinct Chief Judge of Elections Al Overrule 11 4 2014 Name O Overrule print Precinct Judge of Elections 11 4 2014 E Sustain Lal Overrule Name print Precinct Judge of Elections LJ The challenge is therefore SUSTAINED A majority of the precinct officials are not satisfied that that the challenged Registrant is a legal voter the Registrant has acknowledged that he or she in ineligible and unqualified or the Registrant has refused to be sworn and take the prescribed oath The Registrant s records shall be marked to reflect this decision and the Registrant s name shall be removed from the pollbook if it has been entered therein A copy of this decision will be provided to the County Board of Elections to be made a part of the Registrant s official record of voter registration LJ The challenge is therefore OVERRULED A majority of the precinct officials are satisfied that the Registrant is a legal voter The Registrant shall be permitted to vote a regular ballot and a copy of this decision will be provided to the County Board of Elections to be made a part of the Registrant s official record of voter registration SO ORDERED this the 4 day of November 2014 Signature Name print Precinct Chief Judge of Elections Challenged Ballot O The challenged Registrant has not requested a challenged ballot pursuant to N C Gen St
48. s our Agency will work with the appropriate county board of election to initiate challenge proceedings Additionally our office is implementing plans to perform regular audits while providing affected voters with due process We are also exhorting county officials to ensure that they thoroughly inspect Voter Registration Applications as our audit identified nearly 100 of the flagged registrants had been improperly processed due to administrative error As always violations of election law will be referred to prosecutorial offices as appropriate The office of the State Board of Elections will continue to deal with this matter as a top priority and we thank you for the opportunity to update you on our efforts Sincerely G Wedd dol Kim Westbrook Strach Executive Director State Board of Elections Page 5 Ce Encl Rep David Lewis Chairman House Standing Committee on Elections Co Chair Joint Legislative Elections Oversight Committee v a email David Lewis ncleg net Sen Bob Rucho Co Chair Joint Legislative Elections Oversight Committee v a email Bob Rucho ncleg net Rep Bert Jones Chairman House Standing Committee on Elections via email Bert Jones ncleg net Rep Henry Michaux Vice Chairman House Standing Committee on Elections via email Mickey Michaux ncleg net Rep Harry Warren Vice Chairman House Standing Committee on Elections via email Harry Warren ncleg net Summary Disposition Chart 2
49. s not who he or she represents himself or herself to be With respect to a primary or election on voted in the primary or election the person has already With respect to voting in a partisan primary on registered voter of another political party the person is a O0 0 EET El JEEVES With respect to an absentee ballot that has been cast in the Election I am challenging the absentee ballot on the grounds that do solemnly swear or affirm that this challenge is not made indiscriminately and is based on my knowledge suspicion or reasonable belief so help me God Name Address Telephone No Email Address PAGE 16 OF 25 NORTH CAROLINA COUNTY OF WAKE IN RE SBE CITIZENSHIP AUDIT AFFIDAVIT OF MARC BURRIS Marc Burris first being duly sworn deposes and says as follows 1 Tam over the age of 18 and competent to testify as to all matters contained in this affidavit 2 I am the Information Systems Director for the North Carolina State Board of Elections herein SBE The SBE maintains custody of and 1 have access to business records relating to the registered voters identified in EXHIBIT A hereinafter individually Voter 3 Lam familiar with the system by which the business records of the SBE were generated relating to the Voter which were created in the regular course of business at or near the time of the events recorded and based upon the personal knowledge of the State or County el
50. t eligible Your voter registration information was compared to a database of DMV customers who are legally present in the United States but are not U S citizens Your information matched a DMV record of a non citizen and so information was sent to the Department of Homeland Security U S Citizenship and Immigration Service DHS USCIS for a verification of citizenship report The report we received did not indicate that you are a citizen Q know I am a citizen What should do now A It is possible that the records that the State Board of Elections has reviewed contain errors Do not panic You will have an opportunity to demonstrate that you are a citizen at the hearing before your county board of elections and your vote will count if the challenge is overruled Q want to dispute the challenge because I am a citizen How do I do that A You should gather information documents and witnesses and attend the challenge hearing at the time and place stated on the Notice of Hearing you received Examples of documents that would be relevant and could help you demonstrate that you area U S citizen include a U S passport even one that is expired a birth certificate from a U S jurisdiction court orders regarding your citizenship status a Certificate of Citizenship or Naturalization Certificate and others You may also call witnesses who can testify that you are a citizen Some examples of relevant testimony would include if your p
51. tution and laws of this State that your name is and that in such name you were duly registered as a voter of this precinct that you are the person you represent yourself to be that you are affiliated with the party and that you have not voted in this primary election at this or any other voting place So help you God If the challenged registrant refuses to take the tendered oath the challenge shall be sustained and the precinct officials conducting the hearing shall mark the registration records to reflect their decision and they shall erase the challenged registrant s name from the pollbook if it has been entered therein If the challenged registrant takes the tendered oath the precinct officials conducting the hearing may nevertheless sustain the challenge unless they are satisfied that the challenged registrant is a legal voter If they are satisfied that he is a legal voter they shall overrule the challenge and permit him to vote Whenever any person s vote is received after having taken the oath prescribed in this section the chief judge or one of the judges of election shall write on the registration record and on the pollbook opposite the registrant s name the word sworn Precinct election officials conducting hearings on challenges on the day of a primary or election shall have authority to administer the necessary oaths or affirmations to all witnesses brought before them to testify to the qualifications of the person challenged
52. urther evidence from the Voter The oath was taken under penalty of perjury and after the Voter was warned of the consequences of illegally voting and should be considered accordingly Once the Judges are finished examining evidence and hearing testimony they must take a vote as to whether they are satisfied that the Voter possesses the qualifications for voting and is eligible to vote IMPOR challen TANT the burden of proof is on the challenger and not the Voter being ged If the Judges believe that the Voter is credible and that it is more likely than not that the Voter is telling the truth the challenge should be overruled Step 9 Vote by precinct judges 9a If majority is satisfied that the Voter is a U S citizen Overrule the challenge The Voter may resume the process to voting by a regular ballot Each Precinct Judge signs the Ruling on Election Day Challenge form on page 1 and checks the box indicating their vote The Chief Judge checks the overruled box on page 2 and signs the form The challenge process is now over Escort the Voter back over to the check in table and thank the Voter for his or her patience 9b If majority is not satisfied that the Voter is a U S citizen Sustain the challenge Each Precinct Judge signs the Ruling on Election Day Challenge form on page 1 and checks the box indicating their vote Chief Judge checks the the box on page 2 indicating that the challenge is sustained and
53. y Board of Elections and present evidence Evidence may include your sworn testimony the sworn testimony of competent witnesses that you may call to testify and documentary evidence tending to establish that you are United States citizen Examples of such documentary evidence would include but is not limited to an original or copy of a Certificate of Citizenship or Naturalization Certificate issued by the U S government a U S passport or passport card an original or copy of a birth certificate issued by a U S jurisdiction a current and valid N C driver s license with no indication of legal presence or other documents relevant to citizenship status CERTIFICATE OF SERVICE certify that on this date a copy of this Notice Of Hearing was served by certified mail return receipt requested addressed to the challenged voter named above at the address shown above and contained in the official voter registration record of the challenged voter named above Date Signature O Chairperson Board of Elections Secretary Board of Elections O Elections Director Board of Elections PAGE 23 OF 25 N RTH CAROLINA State Board of Elections ABSENTEE BALLOT CHALLENGE INFORMATION You are receiving this information because your absentee ballot has been challenged on the basis that you are not a U S citizen Only citizens are qualified to register or to vote in elections throughout North Carolina See N C GEN STAT 163
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