Henderson County BOE Violates State Law and Admin Code. What are they hiding?


Come to the Henderson County BOE of Elections meeting on Tuesday, October 5th at 5PM.

They need to follow NC State Election Statutes. Have your voice heard.



Elections Board of Director, Karen Hebb

Henderson County Board of Elections Members

75 E. Central Street

Hendersonville, NC 28792

828 697 4970

October 2, 2022

Jane Bilello

218 Vincent Place

Hendersonville, NC 28739

Dear Ms. Hebb and the Henderson County Board of Elections Members:

On Tuesday, September 21, 2022 at a Henderson County Board of Elections meeting at 75 N. Central Street in Hendersonville, NC at 5PM, by a vote of 3 Democrats to 2 Republicans, you passed a policy to violate NC State Election Statutes and your own Administrative Code.

Unfortunately, what you are attempting to do is to make policy instead of following state election law when it comes to allowing citizen Observers to view the tapes coming out of the machines so Observers can see the count.

Opening of Polls: NC State Statute 08 NCAC 04.0304 OPERATIONS AND MATTER OF VOTING ON VOTING MACHINES. The law clearly says any person may view and may observe but shall not interfere with the process. After passing the illegal policy, The Henderson County BOE Directors, Karen Hebb, sent a letter directing the Republican and Democrat Party Chairs that Observers shall not have ‘access’ to the machines. (See attached.) The law does not mention ‘access.’ It says may view and may observe. This is not only a violation of state law, it is a breach of trust and transparency with the citizens of Henderson County whom you serve and are paid by. The BOE does not make law. The North Carolina General Assembly does.

Closing of Polls: NC GS 10B.0105: PROCEDURES AT THE CLOSE OF VOTING Section (h) The counting of ballots shall be made in the presence of the precinct election officials and witnesses and observers who are present and desire to observe the count. Observers shall not interfere with the counting of ballots. (Observers do not need or want access to the machines. The law says ‘observe.’ Observers cannot observe if they are at the other end of the room.)

I sincerely hope that you will revisit this illegal policy that not only breaks NC State Statutes, but harbors mistrust for lack of transparency. If you have nothing to hide, why try to circumvent NC State Election law and NC Administrative Code.


Sincerely,

Jane Bilello

Sources:

NC State Statute 08 NCAC 04.0304 OPERATIONS AND MATTER OF VOTING ON VOTING MACHINES

NC GS 10B.0105: PROCEDURES AT THE CLOSE OF VOTING Section (h)

HCBOE Letter to Party Chairs https://www.ashevilleteaparty.org/post/henderson-boe-letter-violates-state-law-admin-code

Cc: philip.thomas@ncgop.org Phil Thomas

kevin@kevinclinelaw.com (GOP atty-Kevin Cline)

Cindy Ellis cewmt123@gmail.com Democrat Party Chair Sharon L. Brooks sharon.lee.brooks@ioa.com Republican Party Chair

Jim Womack james.k.womack@gmail.com NCEIT Director

NC Senator Chuck Edwards Chuck.Edwards@ncleg.gov

NC Representative Jake Johnson Jake.Johnson@ncleg.gov

NC Representative Tim Moffitt Tim.Moffitt@ncleg.gov