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HomeMy WebLinkAboutHCBOE Board Meeting Minutes- September 12, 2018- Emergency MeetingHARNETT COUNTY BOARD OF ELECTIONS EMERGENCY MEETING SEPTEMBER 12, 2018 1' 5:00 P.M. Present were; Board Chairman Don Schroeder (via telephone), Vice -Chair Tony Spears, Secretary Steve Blackburn, Member Joey Powell and Director Claire Jones Also present; County Attorney Monica Jackson and Democratic Chair Jean Sivoli Mr. Schroeder called the meeting to order at 5:03pm. Business: The purpose of the meeting is to consider a resolution to seek assistance from SBOE in litigation per GS 163A-745. Mrs. Jackson submitted, explained and read the resolution to the Board, attached hereto. After some discussion Mr. Blackburn moved to approve the resolution as prepared by the county attorney and adopted as written. Mr. Schroeder seconded. The motioned failed with Mr. Powell and Mr. Spears casting the dissenting votes. Mrs. Jones asked the Board if they wished to go into executive session to consult with legal. Mr. Spears moved to enter into executive session per GS 143-318.11(a)(3), to consult with County Attorney and to conserve attorney client privilege. Mr. Powell seconded. The Board went into executive session at 5:22pm. Mr. Powell moved to return to open session. Mr. Spears seconded. The Board returned to open session at 5:39pm. Mr. Blackburn moved to revote on the motion to approve the resolution as prepared by the county attorney and adopted as written. Mr. Spears seconded. The motion passed 3-1 with Mr. Powell casting the dissenting vote With no further business to discuss, Mr. Spears moved to adjourn. Mr. Powell seconded. The meeting was adjourned at 5:44 pm. The next meeting of the Board will be a regular meeting on October 2, 2018 at 4:00 pm. Appro d by: Don Schroeder, Chairman Tony S ears, V" e-Chair Steve Blackburn, Jo Powel Member Resolution Petitioning State Board to Assist in Litigation Pursuant to G.S.163A-745 WHEREAS, the Harnett County Board of Elections [hereinafter "Harnett BOE"] received by way of facsimile on August 31, 2018, Federal Grand Jury Subpoena No. 2017R00240(23) from the U.S. Attorney's Office of the Eastern District of North Carolina; and WHEREAS, said subpoena requests "any and all poll books, e-poll books, voting records, and/or voter authorization documents, and executed official ballots (including absentee official ballots), that were submitted to, filed by, received by, and/or maintained by the Harnett County Board of Elections from August 30, 2013 through August 30, 2018"; and WHEREAS, identical subpoenas were received by other county boards of elections falling within the jurisdiction of the U.S. Eastern District of North Carolina; and WHEREAS, there are 44 counties that fall within said jurisdiction; and WHEREAS, a federal grand jury subpoena was also received by the North Carolina State Board of Elections and Ethics Enforcement [hereinafter "State Board"] by way of facsimile on August 31, 2018; and WHEREAS, the subpoena received by the State Board requests voter registration related documents from January 1, 2010 through August 30, 2018; and WHEREAS, North Carolina General Statute § 163A-741(a) states in part that "The State Board shall have general supervision over the primaries and elections in the State. and WHEREAS, North Carolina General Statute § 163A-745 states that "The State Board shall possess authority to assist any county board of elections in any matter in which litigation is contemplated or has been initiated, provided, the county board of elections in such county petitions, by majority resolution, for such assistance from the State Board and, provided further, that the State Board determines, in its sole discretion by majority vote, to assist in any such matter. It is further stipulated that the State Board shall not be authorized under this provision to enter into any litigation in assistance to counties, except in those instances where the uniform administration of this Subchapter has been, or would be threatened"; and WHEREAS, the State Board convened by telephone on September 7, 2018 to take up the issue of the grand jury subpoenas received by the State Board and the county boards of elections; and WHEREAS, the State Board passed an unanimous motion pursuant to its supervisory authority under North Carolina General Statute § 163A-741 and the authority to assist in litigation provided under North Carolina Statute § 163A-745, ordering the North Carolina Attorney General's Office to take steps necessary to quash the federal grand jury subpoenas and any associated subpoenas on behalf of the State Board and all affected county boards of elections; and WHEREAS, the State Board issued Numbered Memo 2018-09 on September 7, 2018 in response to the federal grand jury subpoenas and following the State Board's Order regarding representation by the Attorney General's Office; and WHEREAS, Numbered Memo 2018-09 states that "No additional action by the county boards or county attorneys is required at this time" given the State Board's Order for representation; and WHEREAS, the Harnett BOE, however, interprets North Carolina Statute § 163A-745 to require a petition, by majority resolution, by the county boards of elections to initiate the litigation assistance Ordered by the State Board; THEREFORE, THE HARNETT COUNTY BOARD OF ELECTIONS RESOLVES THAT: Pursuant to North Carolina General Statute § 163A-745, the Harnett County Board of Elections petitions the North Carolina State Board of Elections and Ethics Enforcement by way of this resolution to assist in the litigation involving the Harnett County Board of Elections and its response to Federal Grand Jury Subpoena No. 2017R00240(23), and to provide such litigation assistance in partnership with counsel for the Harnett County Board of Elections. Adopted this the f z day of September 2018. Is [E1L-�k RY 7. rlr� I,a�S D�lec��� Jf V. CLrA:.L UrJ Pot., fc41ceecle e [Chairman Signature]