Tag Archives: Board of Elections

NC-9: Vacant for the Year?

By Jim Ellis

Jan. 15, 2019 — The 9th District of North Carolina, still with uncertified electoral results from November, could conceivably remain vacant until the November municipal elections as the situation continues to unfold.

The NC State Board of Elections was supposed to have met on Friday, and at that point would likely have scheduled a new election, but the panel itself is a political football. A state judge acted to dissolve the membership by refusing to issue a stay of his previous ruling.

North Carolina Republican Mark Harris has filed a court challenge to the Board of Elections not certifying his win in NC-9 and claiming his 905-vote lead should stand.

The panel became a tug of war between Gov. Roy Cooper (D) and the Republican dominated state legislature even before the NC-9 controversy arose. During the transition between the time that Cooper unseated GOP Gov. Pat McCrory (R) in the 2016 statewide election and his taking office Republican legislators changed certain laws. One of those moves concerned the Board of Elections’ composition.

A judge eventually ruled that the legislature acted unconstitutionally regarding some of the changes including the legislation regarding the Board of Elections. The board was supposed to be dissolved after the election certification period, but the NC-9 problem earned the group a stay of the original ruling. The judge, however, did not see fit to allow them to continue in the new year.

At the end of the year, with Republican legislators desiring to change the special election law that would allow an open primary system instead of the general election rerun that would have been the previous board’s only option had they ordered a new vote, a new election law was enacted.

In a deal with the Democrats, the Republican leadership passed a bill that allows the open primary in exchange for giving Gov. Cooper what he wanted in terms of Board of Elections’ personnel. The bill passed overwhelmingly in both houses, but the governor vetoed. The legislature immediately overrode his action.

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House: Opening with a Vacancy

By Jim Ellis

North Carolina Republican Mark Harris

Jan. 7, 2019 — When the new House of Representatives convened last week, they did so with only 434 voting members, not 435, as the situation in North Carolina’s 9th District remains unresolved.

To recap, Republican Mark Harris scored an apparent 905-vote victory over Democrat Dan McCready on election night, but the results remain uncertified due to what a majority of Board of Elections panel members are citing as voting irregularities in one county. The panel is scheduled to next meet this Friday, Jan. 11th, and organizing a new election is the likely resolution.

Previously, the Board only had the power to order a rerun of the general election. Hence, the subsequent election would have included only Harris, McCready, and Libertarian Jeff Scott. Considering the media hit that Harris has received over the election irregularity controversy, his chances of winning the rerun are slim. (He hired the Red Dome Consulting firm, which contracted with the individual accused of orchestrating the ballot harvesting operation, McCrae Dowless, the vice chairman of the Bladen County Soil and Water Conservation Board.)

Therefore, with Republicans controlling the legislature, they quickly constructed a legislative package that would give Democratic Gov. Roy Cooper largely what he wanted in naming a new Board of Elections panel, while changing the post-election law to allow open primaries. This would give the GOP the opportunity of replacing Harris in the general election.

The legislature quickly passed the reform package at the end of the year with an overwhelming margin, because most Democrats voted for the bill as it included their much-wanted Board of Elections changes. The legislation was sent to Gov. Cooper with veto-proof majorities in both houses.

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Potential Specials in North Carolina

By Jim Ellis

Dec. 12, 2018 — Rep. Mark Meadows (R-Skyland/Asheville) being mentioned as a possible successor to outgoing White House chief of staff John Kelly means that a special election would be called for western North Carolina if the congressman were to vacate his district. Should this come to pass, the state may be forced to host two congressional special elections but possibly under different rules.

North Carolina Congressional Districts

The 9th District, which stretches from Charlotte to Fayetteville along the South Carolina border, is likely headed to a new vote since the state Board of Elections refuses to certify Republican Mark Harris’ 905-vote lead over Democrat Dan McCready due to election irregularities in one county.

Though the two potential elections could reasonably be held under the same schedule, the process parameters surrounding each are likely to be different.

If Rep. Meadows’ district opens, the special election will be run under traditional rules, meaning open partisan primaries and a general election once nominees are chosen. But, not so in the 9th District.

Under North Carolina law, should the Board of Elections declare the original election null and void after their investigation into the alleged irregularities concludes, a new special election would be a rerun of the 2018 general election, meaning the candidates would be Harris, McCready, and Libertarian nominee Jeff Scott.

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North Carolina’s New Map

Feb. 22, 2016 — Last week, the North Carolina state Senate passed a new congressional map, responding to a court-ordered directive to remedy what a three-judge federal panel determined to be an illegal draw in Districts 1 (Rep. G.K. Butterfield-D) and 12 (Rep. Alma Adams-D). The lines were struck down just 39 days before the state’s primary election.

The resulting map, constructed and passed within a 14-day period, is substantially different from the current map. It pairs one set of incumbents, likely causes two Republican House members to square-off in a primary election, eliminates an African-American district, makes several of the 10 Republican districts more competitive, and calls upon the Board of Elections to re-schedule the congressional primary election while nomination contests for all other offices proceed as scheduled on March 15.

Since the court in its ruling about the two original African-American majority districts declared there is no evidence of polarized voting in North Carolina, Section 2 of the Voting Rights Act does not apply. Therefore, the Republican map drawers took the opportunity to break up the famous “I-85 district” that traveled from Charlotte up Interstate 85 to capture predominately black precincts in Winston-Salem, Greensboro, and at one time, as far away as Durham. Greensboro’s Rep. Adams’ 12th District that the court invalidated is now eliminated. Adams will find herself in a new Republican-leaning 13th District, while the new 12th is fully contained within Mecklenburg County and will probably elect a white Democrat from Charlotte.

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