Retiree group linked to Elias seeks to intervene in GOP ballot envelope suit

A retirees’ group represented by Democratic operative Marc Elias’ law firm wants to intervene in a lawsuit Republicans have filed over North Carolina’s rules for mail-in absentee ballot envelopes. The suit contends that state election policy violates a North Carolina law designed to keep mail-in ballots secure.

The North Carolina Alliance for Retired Americans filed a motion Tuesday to intervene in the case. The Elias Law Group represents the alliance.

“Just weeks before voting in the 2024 general election begins, Plaintiffs the Republican National Committee and the North Carolina Republican Party are in search of new procedural traps to drum up alleged errors in hopes of disqualifying mail ballots cast by qualified voters,” according to the motion to intervene.

“Under North Carolina law, absentee ballots must be returned to the county board of elections inside a sealed envelope,” the court filing continued. “Last year, the Board updated its guidance regarding ‘Absentee Container-Return Envelope Deficiencies’ to reflect the implementation of new absentee voter identification rules that required the existing absentee ballot return envelope to be placed inside a second absentee ballot return envelope.”

“The updated guidance clarified that so long as a mail ballot is sealed inside either the outer or the inner envelope, ‘the ballot was received in a sealed envelope and is therefore not deficient’ under North Carolina law. This common-sense clarification prevents the unnecessary disenfranchisement of voters who have substantively complied with the requirements for voting absentee, but Plaintiffs ask this Court to overturn the Board’s guidance and require that ballots sealed inside one but not both-envelopes cannot be counted,” the retiree group’s lawyers wrote.

The motion suggests that a judge should allow the alliance to intervene because the elections board “does not have any particular responsibility to consider the effect of its decisions on the retired North Carolinians that comprise the Alliance’s membership — and because the Board faces several other suits that will require its attention.”

The suit arose from the State Board of Elections revising its Numbered Memo 2021-03, which implements various laws governing absentee ballots.

According to an RNC press release, the revised memo states that absentee ballots do not need to be returned in sealed container-return envelopes to be counted. This policy directly conflicts with the statutes specifying that they must be returned in sealed container-return envelopes.

The RNC said in the release the policy violates North Carolina state law and weakens absentee ballot safeguards.

“This decision by the NCSBE is inconsistent with state law and diminishes protections for absentee ballots,” said RNC Chairman Michael Whatley. “We have filed suit to uphold election integrity and ballot safeguards. State law lays out clear requirements, and the NCSBE must follow them — we will continue to fight for election integrity in the Old North State.”

NCGOP Chairman Jason Simmons echoed Whatley’s sentiments.

 “State law is clear in this matter, and it is unfortunate that Director (Karen Brinson) Bell is acting beyond her authority. We will continue to enforce integrity in the elections process and adherence to statutory requirements.”

The ballot envelope lawsuit is one of at least four complaints state and national Republican groups have filed against the state elections board in the past month.

The post Retiree group linked to Elias seeks to intervene in GOP ballot envelope suit first appeared on Carolina Journal.