After much debate at their meeting on Thursday, the North Carolina State Board of Elections (NCSBE) voted 3-2 along party lines to recognize the Green Party as a political party in the state.
Republican members Chairman Francis De Luca, Stacy “Four” Eggers, and Robert Rucho voted in favor of the party’s recognition, while Democrat members Siobhan Millen and Jeff Carmon voted against it.
At issue was whether Green Party candidate Dr. Jill Stein appeared on at least 70%, or 35 out of 50, state ballots after failing to earn 2% of the vote in North Carolina in the 2024 General Election, according to a provision in state law.
Another option for recognition is for any party to collect 14,000 signatures from supporters who want the party to be recognized, and they have to get at least 200 signatures in three different congressional districts.
There are currently 4,000 people registered with the Green Party in the state.
Both Millen and Carmon had issues with Stein only being registered with the Green Party in 26 states but appearing as the candidate for the Green Party of Florida, the Green-Rainbow Party of Massachusetts, the Pacific Green Party of Oregon, the Wisconsin Green Party, the Mountain Party of West Virginia, and as the Kentucky Party candidate. She also appeared as an Independent or other party candidate in Alabama, Idaho, Ohio, and Tennessee and by petition in Nebraska and Alaska.
De Luca said they should give people as many choices as possible when voting.
Eggers said that although he, too, has struggled with the question over the last several days, the board should err on the side of party access.
“I’m also concerned that this board’s track record in opposing third-party access to the ballot until recently is quite poor,” Eggers said. “And that if there’s going to be a question or a dispute as to, does this make it or does it not, and if we’re in a clear gray area, that I would err on the side of more choices for the voters and more access, just given the fact that there were this substantial number of Green Party groups that have nominated Ms. Stein to be their national candidate. And even in these independent or petition states, she held herself out as and ran and was supported as the Green Party candidate. So, from my reading of it, as a matter of just statutory construction, I think she gets across the threshold.”
Dr. Andy Jackson, director of the Civitas Center for Public Integrity at the John Locke Foundation, testified last July that Democrats blocked third-party ballot access for partisan political reasons.
34,000 voters to become unafFIliated as four parties lose recognition
But, as the Green Party was approved for recognition, about 34,000 voters who registered with the Constitution, Justice for All, No Labels, and We the People parties will be moved to unaffiliated status in the state’s voter registration database on June 24, as candidates for these political parties failed to receive at least 2% of the total vote for governor or president last November.
NCSBE also issued a press release after the meeting, stating that any other prospective parties that wish to obtain recognition under state law may submit petitions signed by North Carolina registered voters totaling 0.25% of the total number of voters who voted in the contest for governor in the 2024 general election, including at least 200 signatures from three congressional districts.
Board approves changes in observer rules
The board did vote unanimously on observer rules, which were developed in response to Senate Bill 747, which the state board’s general counsel, Paul Cox, said made significant changes in how observers are regulated. It also gave the state board rule-making authority with respect to three different items.
The first deals with situations where an observer is rejected by the county board or a chief judge at a voting site and how there will be procedures for the party to challenge or appeal such a rejection.
The second involves the legislature directing the NCSBE to have rules that address the procedures if a chief judge removes an observer due to unruly conduct at the voting site. The rules would allow for an appeal process by the appointing county political party.
Thirdly, the legislation authorizes the state board to require observers to have an identification badge to identify their role in the voting site. Part of that is to ensure that voters realize they are party-appointed observers, not election officials, so they don’t confuse them.
All of the rules were in temporary form in the 2024 elections.
protest and recount rules also approved
Protest and recount rules were also unanimously approved and temporarily in place in the 2024 elections.
Cox said they had many protests, some recounts, and two statewide recounts, including the Jefferson Griffin v. Allison Riggs case for a seat on the state Supreme Court.
The first revision was due to the Griffin v. Riggs case decision, which invalidated a rule requiring a protester to notify opposing parties, including voters who may be challenged by the fact that the protests have been filed against them. The new recommendation is for county boards to make sure they are getting notice out to the political parties and the county and the affected candidates if it is going to move a protest to an evidentiary hearing, and also giving a little more time before an evidentiary hearing occurs after the notice goes out.
The second change was a revision in the language that clarified that the secondary recount (hand count) would occur immediately upon the conclusion of the first recount, on the same day, and following the conclusion of the first recount.
The board needed to vote on the changes this week so they could go to the Rules Review Commission in order for the rules to be in place for municipal elections in September.
executive director discusses doj lawsuit, seims replacement, funding from the GA
In other matters, executive director Sam Hayes said they are still monitoring budget negotiations in the General Assembly and are hopeful that some of the board’s priorities, as well as the elections omnibus bill, will be considered.
He has also been in contact with the US Department of Justice regarding their lawsuit against the state and the board over incomplete Help America Vote Act (HAVA) information.
Hayes said he has a three-part plan that addresses that issue.
“They are seeking in the complaint a remedy, which would involve us going back out to voters and trying to collect that information where we cannot find it internally or through our county boards,” he said. “So, I have put together a plan, and we have a memo that we will be presenting to the board next week for a vote.”
Hayes also said he has begun discussions with other states and certain vendors on replacing the Statewide Elections Information Management System (SEIMS) and is looking for a customized system rebuild. In addition, they are also looking to replace their campaign finance software.
Both upgrades are contingent on funding from the legislature this session.
The board is set to meet again on Tuesday, June 24.
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Author: Theresa Opeka
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