A federal judge ordered a conference after Attorney General Josh Stein and NCSBE Executive Director Karen Brinson Bell attempted to do away with the witness requirment for absentee voting. | Photo by Tiffany Tertipes on Unsplash
A federal judge ordered a conference after Attorney General Josh Stein and NCSBE Executive Director Karen Brinson Bell attempted to do away with the witness requirment for absentee voting. | Photo by Tiffany Tertipes on Unsplash
A federal district judge ordered a status conference to examine the legal argument Attorney General Josh Stein and North Carolina State Board of Elections Executive Director Karen Brinson Bell used to change election procedure.
In September, the North Carolina State Board of Elections under Bell issued a memo that amended state procedure concerning absentee ballots, allowing voters to circumvent the witness requirement by signing an affidavit after the fact. Stein cited a ruling by Middle District of North Carolina Judge William Osteen Jr. as the reason for the revision. Osteen took issue with this interpretation of his ruling.
The ruling came down in a lawsuit filed by Democracy N.C. to ensure extra protection for voters amid COVID-19 concerns, as reported by WRAL. Among other things, the Democracy N.C. filed a motion to suspend the witness signature requirement, but Osteen dismissed it because they did not supply sufficient proof of undue burden on voters.
A North Carolina judge took exception to the state Attorney General's interpretation of an election procedure ruling.
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"Nothing about this court’s preliminary injunction order can or should be construed as finding that the failure of a witness to sign the application and certificate as a witness is a deficiency which may be cured with a certification after the ballot has been returned," Osteen said in his order, WRAL reported.
The status conference will inquire into the matter in detail and, if the court officially determines the state’s board of elections did improperly use his ruling to change election procedure, what action should be taken to address the misconduct.
NCGOP leaders were pleased with the judge’s order, according to their press release.
"This order from Judge Osteen confirms that Attorney General Josh Stein and Gov. Cooper's Executive Director Bell ignored duly enacted North Carolina election law in an attempt to change absentee ballot protections after voting has already begun," NCGOP Chairman Michael Whatley in the NCGOP Sept. 30 release.
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