top of page

Dealing with Henderson BOE After 7:30PM Election Night




Karen Hebb, the Henderson County BOE Director, has added new violations to the list.

Jane Bilello submitted electronically a cover letter and the Legal Letter - letter to the Chief Judge that members of the public may be coming to view the zero tapes in the AM, videotaping the poll tapes in the PM, and after 7:30 at the BOE to witness the vote count for absentee and one-stop. The letter to the Chief Judge includes the NC State Statutes, Administrative Code and Numbered Memos permitting the above.


Karen Hebb will deny you entry into the BOE at 7:30PM. (See below for details.)

This is what to do:


When you arrive at the BOE after 7:30PM, present the Legal Letter (same letter you presented at the precincts)


5. If you are denied seeing the tapes. Remember, do not lose civility! Stay calm and be polite. Ask when you can come back to image all the poll tapes/reports. This should be done as close to the election as possible. Some counties will allow imaging first thing the morning after the election. It’s possible that some Election Directors would agree to allow imaging of absentee poll tapes on election night if you put in a request prior to the election. (which was done.)


Janice Parker received an email on 11/7/22 from Karen Hebb: "She said it will be too busy and crazy to allow us to go in to the BOE at 7:30 to videotape all the poll tapes from early voting and election day, but to email her the next day and she will arrange a time to make that happen. She doesn't think it will be Wednesday because they'll be busy getting in supplies...probably Thursday."


6. If you are denied entry into the Board of Elections, do NOT try to go inside anyway. - Remain calm & video tape and/or audio record your interaction if possible - Upload to SEE SAY public reporting system - incident will be public, but personal info is confidential Remember, do not lose civility! Stay calm and be polite. The poll-worker is likely just doing what they were instructed to do. There will be a chance to remedy the issue the next day and image the tape then.


7. Let us know what happened asap by completing this INCIDENT REPORT FORM and please report on SEIRS to let us know what happened.


8. File a complaint, if necessary. b.) Consider filing a complaint against the chief judge if your right to observe or take photos/videos was denied. (at the precinct at 7:30PM when polls close if you were denied video taping of poll tape) c.) Consider filing a complaint against the county BOE if your right to observe or take photos/videos was denied.

==================================================================================


This is what she is violating.


§ 163-182.2. Initial counting of official ballots.

(a) The initial counting of official ballots shall be conducted according to the following principles:

(1) Vote counting at the precinct shall occur immediately after the polls close and shall be continuous until completed.

(2) Vote counting at the precinct shall be conducted with the participation of precinct officials of all political parties then present. Vote counting at the county board of elections shall be conducted in the presence or under the supervision of board members of all political parties then present.

(3) Any member of the public wishing to witness the vote count at any level shall be allowed to do so. No witness shall interfere with the orderly counting of the official ballots. Witnesses shall not participate in the official counting of official ballots.


Numbered Memo 2022-14 https://s3.amazonaws.com/dl.ncsbe.gov/sboe/numbermemo/2022/Numbered%20Memo%202022-14%20Public%20Viewing%20of%20Opening%20and%20Closing%20Procedures.pdf


For absentee voting (including one-stop), when the results are tallied on one-stop and absentee-

by-mail tabulators and announced after the close of the polls on Election Day at the county board

office, members of the public may witness those procedures.


It is a good practice to also post absentee tabulator results tapes for inspection at the county board office in a similar fashion. Any member of the public is permitted to photograph or video any posted results tapes—when the tapes are posted, the counting process is no longer ongoing.


bottom of page