RNC Sues North Carolina Elections Board Over Allowing Non-Citizens To Vote

 September 3, 2024

The Republican National Committee and the North Carolina GOP have once again sued the State's Election Board over concerns that non-citizens may be allowed to vote.

Fox News reported that in a new legal challenge filed in Wake County, the Republican National Committee (RNC) and the North Carolina Republican Party (NCGOP) have aimed at the North Carolina State Board of Elections (NCSBE) and its members.

The lawsuit focuses on alleged failures to prevent non-citizens from voting by not verifying their citizenship at the time of registration.

The defendants in this case include prominent members of the NCSBE: Alan Hirsch, Jeff Carmon, Siobhan Millen, Stacy Eggers IV, and Kevin Lewis.

The allegations suggest a systemic oversight that the RNC and NCGOP argue undermines the integrity of state elections.

Legal Allegations Point to Systemic Registration Issues

At the crux of the lawsuit is the accusation that about 225,000 voter registrations were processed without proper checking of identification, as required under the Help America Vote Act (HAVA).

The complaint articulates that this oversight facilitated the registration of non-citizens, potentially compromising the forthcoming elections.

This is not the first lawsuit of its nature. Earlier, the RNC initiated legal action against NCSBE for not utilizing jury questionnaire responses to identify and remove non-citizens from voter rolls.

With ballots for the current election cycle already being mailed out as of September 6, the timing of these lawsuits underscores the urgency felt by the plaintiffs.

The filing references past issues with the NCSBE's voter registration forms. Previously non-compliant with federal standards, these forms were only later corrected to meet HAVA requirements. However, the RNC alleges that no subsequent action was taken to verify the information of previously registered voters, leaving their eligibility in question.

RNC Chairman Michael Whatley expressed profound concerns about the integrity of the electoral process in North Carolina. "The NCSBE has once again failed in its mandate to keep non-citizens off the voter rolls, fueling distrust and jeopardizing our elections," Whatley stated.

His remarks reflect a deep-seated belief in the necessity for strict adherence to electoral laws, especially with the approach of critical voting deadlines.

State and Federal Legal Frameworks in Conflict

A broader legislative backdrop includes last year’s passage of SB747 by the North Carolina state legislature, which mandates a cross-check between jury-duty databases and voter registrations.

This law aims to safeguard against non-citizen participation in elections—a core issue of the lawsuits.

The response from NCSBE, as communicated by a spokesperson to Fox News Digital, elucidates the challenges faced by election officials. "This lawsuit asks for an impossible solution," the spokesperson explained, outlining the limitations set by federal laws against abrupt voter roll cleanups around federal election periods.

Further elaboration by the NCSBE mentioned efforts to reconcile voter registration data with those excused from jury duty due to non-citizenship.

These efforts reportedly led to the identification and follow-up with nine individuals, pointing to ongoing but limited enforcement of cross-check processes.

NCGOP Chairman Jason Simmons voiced frustrations with the repeated bureaucratic hurdles. "This State Board continually has problems ensuring voter rolls only have verified citizens," Simmons remarked, highlighting a continuous pattern of administrative challenges faced by those overseeing the legality of voter registrations.

This scenario presents a nuanced struggle between upholding federal electoral integrity laws and managing state-level electoral logistics. Both RNC and NCGOP leaders stress the critical need for accountability and stricter enforcement of existing laws to prevent illegal voting and preserve public confidence in the electoral process.

As North Carolina navigates these legal challenges, the outcome of this lawsuit could set important precedents for how voter eligibility is verified, not just in North Carolina but potentially influencing broader national policies on election integrity.

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