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Tipsheet

RNC Files Lawsuit to Challenge North Carolina's Absentee Ballot Policy

AP Photo/Matt York

The RNC is gearing up for the upcoming November election by keeping an eye out on protecting voter integrity. Last month, as Katie covered, the RNC scored such a victory in Pennsylvania to do with mail ballots. Now, the RNC has its sights set on North Carolina. On Thursday, the RNC announced that they, along with the North Carolina GOP (NCGOP) and a North Carolina voter, filed a lawsuit against the North Carolina State Board of Elections' (NCSBE) policy on absentee ballots.

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As a press release explained, such a policy "disregards election laws requiring absentee ballot security envelopes to be sealed in order for the ballot to count." Even more important is that it "violates North Carolina state law and weakens absentee ballot safeguards."

"The revised Numbered Memo states that absentee ballots do not need to be returned in sealed container-return envelopes in order to count. This policy directly conflicts with the statutes specifying absentee ballots must be returned in sealed container-return envelopes," the press release also explained. 

This lawsuit comes after the RNC, NCGOP, and the National Republican Congressional Committee (NRCC) requested a Declaratory Ruling from the NCSBE on May 20 about whether instructions to Numbered Memo 2021-03 is contrary to the state law. The NCSBE disagreed with such a position on July 29, and issued a written opinion on August 2, prompting such a challenge. 

"This decision by the NCSBE is inconsistent with state law and diminishes protections for absentee ballots. 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," RNC Chairman Michael Whatley, who previously served as the NCGOP chairman, said in a statement. 

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"State law is clear in this matter and it is unfortunate that Director Bell is acting beyond her authority. We will continue to enforce integrity in the elections process and adherence to statutory requirements," NCGOP Chairman Jason Simmons also added.

Although former and potentially future President Donald Trump won North Carolina in 2016 and 2020, it is still considered a battleground state for 2024. Cook Political Report recently made the switch to regard the Tar Heel State as a "Toss-Up." Trump has led Vice President Kamala Harris in the last several polls for North Carolina included by RealClearPolling, and has a lead of +0.7 there. 

Absentee ballots will be mailed out starting this Friday in North Carolina. 

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