County approves funds for elections defense

Published 6:03 pm Tuesday, December 13, 2016

County commissioners approved a budget amendment of $25,000 to defend Beaufort County Board of Elections from a NAACP lawsuit.

The lawsuit was filed late October against the state board and Beaufort, Cumberland and Moore counties’ boards of elections, after numerous voter registrations were challenged in those counties. While the vote challenges resulted in several names being removed from Beaufort County rolls, those voters were reinstated after U.S. District Judge Loretta Biggs ruled that the ‘systemic’ removal of thousands of voters from voter rolls was a violation of the National Voter Registration Act and ordered the boards of elections to restore any voters purged from the rolls during the 90 days leading up to the election.

County attorney David Francisco gave the Beaufort County Board of Commissioners an update on the lawsuit at the commissioners’ meeting Monday night.

“The suit alleges violations of Section 8 of the National Voter Registration Act and Voting Rights Act,” Francisco said. “Those are serious charges.”

Beaufort County is being represented by attorneys Don Wright, who served as General Counsel of the North Carolina State Board of Elections for 15 years, and has advised both state and county boards on election law, and civil defense attorney Josh Bennett. Francisco said they are working on a response to the complaint and will seek to have the case against Beaufort County dismissed. He also said counsel for all three of the counties are arguing for dismissal, to which the plaintiffs may be amenable.

“The plaintiffs will wait on our motion and not argue it and continue on with the State Board (of Elections),” Francisco said.

Beaufort County gained national attention after four county residents challenged voters on the polls based on returned mailings sent out during the 2015 mayoral election in Belhaven. In North Carolina, any voter registration can be challenged by another voter’s registration and a returned mailing can be used as evidence that a voter no longer lives at an address — perhaps not in the county at all — thus, should be removed. However, at least two voter registrations challenged in Beaufort County were people who vote regularly, but had moved to other residences within the county.

Before the vote to approve $25,000 for Beaufort County Board of Elections’ defense, Commissioner Gary Brinn questioned county staff as to how much money the lawsuit would cost the county.

“It depends on how long this draws out,” County Manager Brian Alligood responded.

Commissioners unanimously approved the budget amendment.