Henderson County BOE Obstructs Poll Observers & Breaks the Law



Please be warned. Plan to attend your local Board of Elections Meetings meetings. It is quite possible that each county may pull this as a policy change since the NCSBE was shut down on their illegal rule change stunt. You need to attend, take notes, ask questions after their meeting (if they do not run away). Write it up and submit it to us.


Henderson County Board of Elections Meeting, Wednesday, September 21, 2022 at 5PM. 75 E. Central Street, Hendersonville, NC 29792. 828 697 4970

Karen Hebb, Director of the Henderson County Board of Elections, asked the Board of Election members to approve a policy change in a letter to be mailed to party chairs regarding observers ‘access’ to machine tapes at the opening and closing of the early voting and election day precincts. (Please see attached PDF.) Both Republican Board members, Linda Rebuck and Debbie Dante, strenuously were opposed. They read, three times, the statute 08 NCAC 04.0304 that clearly states (my underline and bold):


08 NCAC 04 .0304 OPERATION AND MATTER OF VOTING ON VOTING SYSTEMS (a) Prior to the opening of the polls, the precinct officials shall open the voting system and examine the ballot for accuracy and examine the counters or other method to determine there is a zero balance. Any persons interested in viewing this procedure may observe but shall not interfere or impede the process. If the system prints a zero tape or other paper document, the document shall be maintained and secured in the manner prescribed by the manufacturer and the county board of elections. (b) The voter shall follow the instructions contained on the voting system. Only official ballots shall be introduced into the voting system. Spoiled or damaged ballots shall not be introduced into the voting system. If a voter improperly marks or damages a ballot, it shall be returned to the precinct official, marked as spoiled and maintained as specified by the county board of elections. The voter may not receive a replacement ballot until the spoiled or damaged ballot is returned to the precinct official. The voter shall not be given more than three replacement ballots. (c) Except as provided for curbside voting in G.S. 163-166.9, official ballots shall not leave the voting enclosure during the time that voting is being conducted there. History Note: Authority G.S. 163-22; 163-165.7; Temporary Adoption Eff. April 15, 2002; Eff. August 1, 2004; Readopted Eff. June 1, 2019.

Karen Hebb continued to argue that observers were not to be given ‘access’ to the machine at any time but they should trust the Democrat and Republican judges and paid staff to ‘tell’ the observer the count. The statute does not mention ‘access.’ The statute clearly says “viewing and observing.’ The Board voted 3 Democrats to 2 Republicans in favor of accepting Ms. Hebb’s letter to party chairs with the illegal policy change.

After the meeting, the four of the eight witnesses approached the desk and plexiglass barrier to ask questions. The Chair Charlie Medd and Karen Hebb, refused to answer our questions regarding this policy change.


This is a violation of the legal rights of observers and citizens - ‘persons interested’ – in viewing and observing the printed tape from the machine.

The last item on the agenda was security at the polls. Linda Rebuck, Board Member, asked why three sheriff's deputies' cars showed up to the Board of Election office on the night of the primary. Karen Hebb responded that they had been called. Linda asked why they had been called and Karen Hebb answered that staff felt threatened. She stated that she saw a group of people standing outside of the office. Linda asked if there had been any actual threats made. KH said no threats had been made. KH stated that one of the judges had reported that she thought she had been followed on her way from the polling place to take the voting material back to the Board of Elections. Karen stated that she felt comfortable calling 911 any time she perceived a problem at one of the polling places. My concern is that KH will call 911 on the observers at the drop of a hat.

Attachment: Evidence Letter to Party Chairs file:///C:/Users/Owner/Downloads/Observers%20(2).pdf


Witnesses


Kathy Maney

Sharon Brooks, Henderson County GOP Chair

Dorothy Calloway

Paul Rebuck

Beatrice Park

Leigh Nunzio

Gina Moffit

David Shipp


Submitted by Jane Bilello, 218 Vincent Place, Hendersonville, NC 28739. 209 986 3845