NC Appeals Court rejects GOP attempt to block some overseas voters
All five living former North Carolina governors have filed a motion in support of Gov. Roy Cooper's court challenge to the legislature's attempt to overhaul how state and county election boards are appointed. (Photo: Clayton Henkel).
The state Court of Appeals on Monday turned back Republicans’ attempt to have the state set aside ballots from some citizens living overseas and reject some of their registration forms.
In doing so, the Appeals Court upheld a trial court judge’s decision denying Republicans’ request for a restraining order.
“We applaud this decision, which ensures that the lawful votes cast by the family members of our overseas troops will be counted,” retired Admiral Steve Abbot of Count Every Hero said in a statement.
“Our deployed military members and their families already face too many hurdles when voting, and efforts to challenge the lawful votes of these Americans run contrary to our national values and their service to our country,” Abbot said.
The Republican National Committee, the North Carolina Republican Party, and two voters sued the state Board of Elections claiming that people living overseas who are ineligible to vote are allowed to register.
In his order denying GOP’s request, Superior Court Judge John W. Smith wrote that the statute Republicans claim is being misinterpreted was adopted in 2011 with support from both parties and had not been challenged until this suit was filed.
Republicans presented no evidence of fraud, the judge wrote.
“Plaintiffs concede and the court finds that Plaintiffs have not presented any evidence of even a single specific instance of any registrant unlawfully availing themselves of the statutory provision,” Smith wrote. “All of the factual evidence presented to this court shows that Defendants have not and will not knowingly allow a non-resident who does not fall within the statutory exception to register or vote in our state elections.”
In the last few months, Republicans have filed a flurry of lawsuits in North Carolina challenging voter registrations and absentee ballots. A few weeks ago, a federal judge in Wilmington rejected Republicans’ attempt to purge 225,000 North Carolina voters.
Republicans have also challenged overseas voting in Michigan and Pennsylvania, two other battleground states. Courts rejected the attempts in those states too.
