STATE OF NORTH CAROLINA WAKE COUNTY BEFORE THE STATE
IN RE NEW HANOVER ONE STOP PLAN
STATE OF NORTH CAROLINA WAKE COUNTY BEFORE THE STATE BOARD OF ELECTIONS
IN THE MATTER OF: ABSENTEE ONE-STOP VOTING PLAN IN NEW HANOVER COUNTY
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RECORD ON APPEAL ASSEMBLED BY STATE BOARD STAFF
Petition in Support of Sunday Voting Opportunities....................................................................2 Petition in Support of Majority Voting Plan & Response to Petition in Support of Sunday Voting ......................................................................13
IN RE NEW HANOVER ONE STOP PLAN
BEFORE THE NORTH CAROLINA STATE BOARD OF ELECTIONS & ETHICS ENFORCEMENT RE: NEW HANOVER COUNTY ONE-STOP JMPLEMENTATION PLAN FOR MAY 2018 PRIMARY PETITION IN SUPPPORT OF SUNDAY VOTING OPPORTUNITIES NOW COMES, Thomas C. Pollard, Member of the New Hanover County Board of Elections, pursuant to N.C.G.S. Section 163-227.2, and respectfully petitions the North Carolina Board of Elections & Ethics Enforcement (hereafter "State Board") to approve for New Hanover County the one-stop implementation plan for the May, 2018 primary election as set forth in Exhibit "A", attached hereto and incorporated herein by reference. (See Page 4) The Plan referenced in Exhibit "A" being referred to herein as the "Alternative Plan° In support of this Petition, Petitioner shows as follows: 1. The New Hanover County Board of Elections (hereafter "County Board") held a regular meeting on February 13, 2018, and considered six options for one-stop voting in New Hanover County for the May 2018 primary election. After discussion., Chairman Jonathan Washburn and Secretary Jamie Getty voted in favor of the "Majority Plan" that excludes voting on any Sunday of the one-stop period. The Petitioner voted against the Majority Plan and supports the Alternative Plan that includes voting on Sunday, April 29, 2018 from 11:00 AM to 6:00 PM at the County Board of Elections (Government Center) site only. This Sunday voting opportunity is the only difference between the Majority Plan and the Alternative Plan. 2. Pursuant to N.C.G.S. Section 163-277.2 (g), the State Board has the discretion to adopt a one stop implementation plan for New Hanover County. Among the factors to be considered by the State Board include geographic, demographic, and partisan interests of New Hanover County. 3. Both plans include voting sites at the Government Center and at four (4) additional sites throughout the County. For the May primary, such voting locations provide adequate geographic coverage of the County's electorate. 4. By excluding the opportunity for Sunday voting, the Petitioner contends that the Majority Plan fails to adequately consider the demographics of New Hanover County and the interests of members of both parties. 5. The estimated 2016 population of New Hanover County is 216,430 (North Carolina Department of Commerce, accessnc.commerce.state.nc. us/docs/countyProfile/NC/37129. pdf). The most recent statistics report from the New Hanover County Board of Elections shows that there are 165,964 registered voters: 52,377 Democrats, 52,713 Republicans and 59,728 Unaffiliated 1
IN RE NEW HANOVER ONE STOP PLAN
6. New Hanover County is a diverse community, and everyone does not work an 8-5, Monday through Friday schedule. Almost 34 per cent of New Hanover County employees are employed in Construction, Retail Trade and Accommodation and Food Service, (North Carolina Department of Commerce, Access NC). Most of these jobs do not permit employees to leave the workplace to vote on weekdays. In addition, 18 per cent of New Hanover County workers have commute times to work of 30 minutes or more. Id. 7. Because of this diversity, Sunday voting hours during the one-stop period are necessary to provide an adequate opportunity for all County citizens to vote in the May, 2018 primary election. 8. While the traditional absentee ballot process is available. some voters may not trust that process and it is not fail-safe. For every election that the Petitioner has served on the County Board, absentee ballot applications have been rejected for failure to meet statutory requirements. Sometimes voters forget to obtain the required witnesses or fail to obtain a postmark on the application. An adequate one-stop voting period will ensure that votes that are cast will be counted and not rejected due to voter oversight. 9 .. The Alternative Plan proposes voting during 7 hours on Sunday, April 29 during the early voting period at the Government Center only. This will provide a voting opportunity for those that cannot vote on a weekday or Saturday due to work, worship, or other obligations. There were 8 hours for Sunday voting during the March 2016 primary, with 612 total votes cast on Sunday or 76.5 votes per hour. This was the second highest number of votes per hour during the March primary. The Sunday voting totals also exceeded the daily voting totals for every other individual voting site (except the Government Center). This clearly shows a demand for Sunday voting. (See Graphs of One-stop Statistics for the March 2016 Primary, attached hereto as Exhibit "B" and incorporated herein by reference, pages 5-9.) 10. According to State Board of Elections data. during the March 2016 one-stop period, Sunday voting was utilized heavily by African-American voters in New Hanover County. Black voters made up 44 percent of all Sunday voters, but only between 8 and 15 percent of all voters on every other day of the one-stop period. More than 12 percent of all black one-stop voters voted on Sunday; in contrast, only 2.5 percent of white one-stop voters voted on Sunday. (See Analysis of March 2016 Primary Turnout by Race, attached hereto as Exhibit "C'1 and incorporated herein by reference, pages 10-11.) The exclusion of Sunday voting may disproportionately impact the ability of black voters to use one-stop voting in potential violation of Section 2 of the Voting Rights Act of 1965. 15. Allowing Sunday voting during the early voting period will ensure an adequate opportunity for all County citizens to vote and can only help to encourage voter turnout, and assure voters that their votes will be counted.
2
IN RE NEW HANOVER ONE STOP PLAN
Based on the foregoing, the Petitioner contends that the voters of New Hanover County, regardless of party affiliation, will be best served by a one-stop plan for the May 2018 primary that includes Sunday voting. Therefore, the State Board is respectfully requested to approve the Alternative Plan. Respectfully submitted this the l2�y of March, 2018.
��c..P� Thomas C. Pollard, Member New Hanover County Board of Elections
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Subscribed and sworn before me bghomas C. Pollard, Member of the New Hanover County Board of Elections. This the Jt, - day of March, 2018.
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Copies provided to Chairman Jonathan Washburn, Secretary Jamie Getty, and Rae Hunter Havens, Election Director.
3
IN RE NEW HANOVER ONE STOP PLAN
Absentee One-Stop Voting Implementation Plan (Option #5)
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IN RE NEW HANOVER ONE STOP PLAN
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IN RE NEW HANOVER ONE STOP PLAN
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STATE OF NORTH CAROLINA WAKE COUNTY BEFORE THE STATE BOARD OF ELECTIONS
IN THE MATTER OF: ABSENTEE ONE-STOP VOTING PLAN IN NEW HANOVER COUNTY
) ) ) )
RECORD ON APPEAL ASSEMBLED BY STATE BOARD STAFF
Petition in Support of Sunday Voting Opportunities....................................................................2 Petition in Support of Majority Voting Plan & Response to Petition in Support of Sunday Voting ......................................................................13
IN RE NEW HANOVER ONE STOP PLAN
BEFORE THE NORTH CAROLINA STATE BOARD OF ELECTIONS & ETHICS ENFORCEMENT RE: NEW HANOVER COUNTY ONE-STOP JMPLEMENTATION PLAN FOR MAY 2018 PRIMARY PETITION IN SUPPPORT OF SUNDAY VOTING OPPORTUNITIES NOW COMES, Thomas C. Pollard, Member of the New Hanover County Board of Elections, pursuant to N.C.G.S. Section 163-227.2, and respectfully petitions the North Carolina Board of Elections & Ethics Enforcement (hereafter "State Board") to approve for New Hanover County the one-stop implementation plan for the May, 2018 primary election as set forth in Exhibit "A", attached hereto and incorporated herein by reference. (See Page 4) The Plan referenced in Exhibit "A" being referred to herein as the "Alternative Plan° In support of this Petition, Petitioner shows as follows: 1. The New Hanover County Board of Elections (hereafter "County Board") held a regular meeting on February 13, 2018, and considered six options for one-stop voting in New Hanover County for the May 2018 primary election. After discussion., Chairman Jonathan Washburn and Secretary Jamie Getty voted in favor of the "Majority Plan" that excludes voting on any Sunday of the one-stop period. The Petitioner voted against the Majority Plan and supports the Alternative Plan that includes voting on Sunday, April 29, 2018 from 11:00 AM to 6:00 PM at the County Board of Elections (Government Center) site only. This Sunday voting opportunity is the only difference between the Majority Plan and the Alternative Plan. 2. Pursuant to N.C.G.S. Section 163-277.2 (g), the State Board has the discretion to adopt a one stop implementation plan for New Hanover County. Among the factors to be considered by the State Board include geographic, demographic, and partisan interests of New Hanover County. 3. Both plans include voting sites at the Government Center and at four (4) additional sites throughout the County. For the May primary, such voting locations provide adequate geographic coverage of the County's electorate. 4. By excluding the opportunity for Sunday voting, the Petitioner contends that the Majority Plan fails to adequately consider the demographics of New Hanover County and the interests of members of both parties. 5. The estimated 2016 population of New Hanover County is 216,430 (North Carolina Department of Commerce, accessnc.commerce.state.nc. us/docs/countyProfile/NC/37129. pdf). The most recent statistics report from the New Hanover County Board of Elections shows that there are 165,964 registered voters: 52,377 Democrats, 52,713 Republicans and 59,728 Unaffiliated 1
IN RE NEW HANOVER ONE STOP PLAN
6. New Hanover County is a diverse community, and everyone does not work an 8-5, Monday through Friday schedule. Almost 34 per cent of New Hanover County employees are employed in Construction, Retail Trade and Accommodation and Food Service, (North Carolina Department of Commerce, Access NC). Most of these jobs do not permit employees to leave the workplace to vote on weekdays. In addition, 18 per cent of New Hanover County workers have commute times to work of 30 minutes or more. Id. 7. Because of this diversity, Sunday voting hours during the one-stop period are necessary to provide an adequate opportunity for all County citizens to vote in the May, 2018 primary election. 8. While the traditional absentee ballot process is available. some voters may not trust that process and it is not fail-safe. For every election that the Petitioner has served on the County Board, absentee ballot applications have been rejected for failure to meet statutory requirements. Sometimes voters forget to obtain the required witnesses or fail to obtain a postmark on the application. An adequate one-stop voting period will ensure that votes that are cast will be counted and not rejected due to voter oversight. 9 .. The Alternative Plan proposes voting during 7 hours on Sunday, April 29 during the early voting period at the Government Center only. This will provide a voting opportunity for those that cannot vote on a weekday or Saturday due to work, worship, or other obligations. There were 8 hours for Sunday voting during the March 2016 primary, with 612 total votes cast on Sunday or 76.5 votes per hour. This was the second highest number of votes per hour during the March primary. The Sunday voting totals also exceeded the daily voting totals for every other individual voting site (except the Government Center). This clearly shows a demand for Sunday voting. (See Graphs of One-stop Statistics for the March 2016 Primary, attached hereto as Exhibit "B" and incorporated herein by reference, pages 5-9.) 10. According to State Board of Elections data. during the March 2016 one-stop period, Sunday voting was utilized heavily by African-American voters in New Hanover County. Black voters made up 44 percent of all Sunday voters, but only between 8 and 15 percent of all voters on every other day of the one-stop period. More than 12 percent of all black one-stop voters voted on Sunday; in contrast, only 2.5 percent of white one-stop voters voted on Sunday. (See Analysis of March 2016 Primary Turnout by Race, attached hereto as Exhibit "C'1 and incorporated herein by reference, pages 10-11.) The exclusion of Sunday voting may disproportionately impact the ability of black voters to use one-stop voting in potential violation of Section 2 of the Voting Rights Act of 1965. 15. Allowing Sunday voting during the early voting period will ensure an adequate opportunity for all County citizens to vote and can only help to encourage voter turnout, and assure voters that their votes will be counted.
2
IN RE NEW HANOVER ONE STOP PLAN
Based on the foregoing, the Petitioner contends that the voters of New Hanover County, regardless of party affiliation, will be best served by a one-stop plan for the May 2018 primary that includes Sunday voting. Therefore, the State Board is respectfully requested to approve the Alternative Plan. Respectfully submitted this the l2�y of March, 2018.
��c..P� Thomas C. Pollard, Member New Hanover County Board of Elections
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Subscribed and sworn before me bghomas C. Pollard, Member of the New Hanover County Board of Elections. This the Jt, - day of March, 2018.
(Official seal) Notary
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Copies provided to Chairman Jonathan Washburn, Secretary Jamie Getty, and Rae Hunter Havens, Election Director.
3
IN RE NEW HANOVER ONE STOP PLAN
Absentee One-Stop Voting Implementation Plan (Option #5)
I
1
Date 4/191201s 4/20/2018 4/21/2018 4/22/2018 4/23 4/24
I 1
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Government Cente Start Time 'iI EndTime I Hours Count Day
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Prepared By: Derek Bowens
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IN RE NEW HANOVER ONE STOP PLAN
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cn1
4�00 4000 3500 3000
llilDEM
2500
.JUB
2000
IRE!'
1500
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1000 500 0
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Prepared By: Derek Bowens
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IN RE NEW HANOVER ONE STOP PLAN
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