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Submitted by Lynn Bernstein: https://www.transparentelectionsnc.org/ Questions for County Coordinators To BOE NC General Statutes § 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. OPENING OF THE PRECINCT POLLING LOCATION: NC Administrative Code 08 NCAC 04 .0304 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. NC Administrative Code 08 NCAC 10B .0105 (h) The counting of the 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. (i) As soon as the votes have been counted and the precinct returns certified, the chief judge, or one of the judges selected by the chief judge, shall do the following: (1) report the total precinct vote for each ballot item to the witnesses and observers who are present. 08 NCAC 06B .0105 (d) When the counting is completed the chief judge or his or her designee shall verbally announce the results at the precinct. STEPPS Manual: Ballot Counting 7. 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. The precinct facility should not be locked so as to prevent public access to the count. Questions for County Coordinators: Since no voters are present in the voting enclosure before the polls open and no voted ballots would be in open sight, I do not believe that there are NC legal restrictions on photography/videography during these publicly observable processes. Please confirm this. Will members of the public be allowed to enter the voting enclosure prior to the bootup of the scanners/tabulators in order to witness that there are no ballots in the bin or emergency bin. Will members of the public be allowed to view and video-record the zero tape. [using an app made specifically for that purpose] Since no voters are present in the voting enclosure after the polls open and after the chief judge securely stores the voted ballots, I do not believe that there are NC legal restrictions on photography/videography during these publicly observable processes. Please confirm this. Will members of the public be allowed to enter the voting enclosure after the polls close on election night to witness the shut-down (tabulation) of the scanner/tabulator. Will members of the public be allowed to enter the voting enclosure after the polls close on election night to witness the shut-down (tabulation) of the scanner/tabulator. Will members of the public be allowed to enter the voting enclosure after the polls close on election night to take video-recording of the poll tapes with zero tapes attached. The public may enter after the last voter has placed their ballot into the scanner/tabulator and the chief judge announces that the polls are closed. Since no voters are present in the voting enclosure at either time and no voted ballots would be in open sight at either time, I do not believe that there are NC legal restrictions on photography/videography during these publicly observable processes.

No need for a Public Records Request (FOIA) to see absentee ballot containers/envelopes. You can search NCSBE data base for absentee ballot voters to verify their addresses on your Watch List. Go to https://www.ncsbe.gov/results-data/absentee-and-provisional-data Scroll down. Click on 2022 November 8 Election - Absentee by County (ZIP) Find your county and click on the file. The spread sheet data contains the names and addresses of absentee voters who have been tabulated through the machine. (Remember, every ballot is retrievable.) Check the names and addresses against your Watch List. Each week you need to re-check this file for new absentee ballots that have been delivered to your local BOE and tabulated. Not sure if your county has a Watch List? Join the List Maintenance team at Member Resources/Local Task Forces/List Maintenance https://www.nceit.org/group/list-maintenance-team/about Contact Herschel Johnson at herschel.johnson@protonmail.com Each Tuesday between now and election day, your local county Board of Elections meets. Check your local BOE for time and location. PLEASE MAKE SURE YOU ATTEND. This is #1 on our Election Integrity Task Forces. They need to know we are monitoring.

The NCSBE illegal rule changes to restrict poll observers and officials, were quashed by the NC RRC. However, that has not stopped them from instituting them anyway. Please read carefully. They need to be legally challenged. From: Cox, Paul Sent: Friday, October 7, 2022 10:43 AM To: SBOE_Grp - Legal Subject: Numbered Memo 2022-12: Maintaining Order at the Polls Directors (via BCC): Please find attached and linked here Numbered Memo 2022-12: Maintaining Order at the Polls, from Executive Director Brinson Bell. This memo draws on and adds to prior “Conduct at the Polls” numbered memos that have been sent before previous statewide general elections. Please read the memo carefully and share guidance with your poll workers, as instructed in the memo. Key items that are new in this memo: More detailed guidance on the authority in the law for county boards and poll worker site leads to maintain order at the polls. Information on crimes and prohibitions involving interference with election officials, not just voters. Additional discussion on working with law enforcement during voting, along with a link to the new Elections Reference Guide for North Carolina Law Enforcement. That guide is also attached. The State Board partnered with the North Carolina Sheriffs’ Association and the North Carolina Association of Chiefs of Police to produce the reference guide. Additional examples of prohibited activities at the polls. Additional guidance about observers, including discussion of the authority to reject appointed observers for good cause, which could include prior disruptive activity at the polls. The two-page observer guide is also linked in the memo. This is the same observer guide that was distributed for the May primary. Instructions on documenting all polling place incidents on Incident Report forms, and the requirement to upload those forms after the election to the Secure FTP/Filezilla. And as a reminder, if you want to access any of our August conference materials—which dealt with addressing disruptions at the polls, working with law enforcement, and de-escalation techniques—those are available on the Secure FTP/Filezilla at \Election_Administration\Training & Outreach\Conferences\2022 Summer Conference. Best regards, Paul Cox | General Counsel North Carolina State Board of Elections 430 N Salisbury street Raleigh, NC 27611 919.814.0700 www.ncsbe.gov

One more piece of good news. We keep fighting back and we will win this. https://www.theepochtimes.com/election-software-ceo-arrested-over-data-theft-storing-data-on-servers-in-china_4775971.html?utm_source=News&src_src=News&utm_campaign=breaking-2022-10-05-2&src_cmp=breaking-2022-10-05-2&utm_medium=email&est=pSWIcku2Y89AfdG3EL9PFqLYYzfr5%2B3JVqsJJ9%2B7jsFOIMO1cnu5ErJjfNnDH370j5g%3D

When you attend your local Board of Elections meetings when they are opening and scanning absentee ballots, submit a Public Records Request (form Letter below) requesting copies of the absentee ballot containers. You need to fill in YOUR information. Suggest you hand deliver it. Ask for a receipt of delivery. (It's not going to make you popular with the BOE!) [Your Name] [Street Address] [City, ST ZIP Code] [Date] [Name of Custodian of Records] [Title] [Company Name] [Street Address] [City, ST ZIP Code] Director County Board of Elections County Board of Elections Director: Pursuant to Chapter 132 of the North Carolina General Statutes, I respectfully request the opportunity to inspect and obtain copies of the following public records: 1. The total listing of all names of all absentee by-mail ballots returned, board approved and scanned, including but not limited to the in-person return logs from One Stop locations and the main office as they become available. 2. Copies of the container-envelopes with redactions according to statute. I respectfully request that the production be made in electronic form, if possible. As records become available, please provide them on a rolling basis. If any record is withheld on any basis, please include that reason in your response. If you are not the custodian of any of the records described above, I respectfully ask that you promptly forward this request to the correct individual. If costs are going to be assessed against the requestor in excess of $25, please let me know before proceeding. The law requires that you respond to and fulfill this request “as promptly as possible.” Given the fact that the County Boards of Election will begin county canvasses on November 18, 2022, it is imperative that the public receive this information immediately. Please provide the requested records no later than 5:00 P.M. on November 8, 2022. You Name Your Phone

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

Actually, it isn't good news at all. The 'left' is expediting this case before they lose control over the NC Supreme Court in November. The hearing is slated for October and the ruling will likely emerge after the election. It will be a 4-3 leftist majority opinion that concludes voter ID is invalid as a constitutional amendment. The high court likely will rule that Voter ID and one other amendment must be removed from our constitution because it was never supposed to be on the ballot for public approval years ago. (Their logic was that the NCGA was illegally elected from improperly drawn districts). If this happens, Voter ID could be in jeopardy for our 2024 election cycle. Jim https://conservativebrief.com/court-id-66848/ The U.S. Supreme Court gave Republican legislative leaders in North Carolina a win back in June in a fight over the state’s latest photo identification voting law. In an 8-1 decision, the U.S. Supreme Court ended the three-year-plus dispute over the voter ID law and held that legislative leaders in North Carolina can intervene in the federal case to defend the law. Now, the North Carolina state Supreme Court has voted 4-3 along party lines to hear oral arguments in October in a lawsuit challenging the state’s photo voter ID law. “In light of the great public interest in the subject matter of this case, the importance of the issues to the constitutional jurisprudence of this State, and the need to reach a final resolution on the merits at the earliest possible opportunity, … [t]his case shall be scheduled for oral argument as soon as practicable, on a date to be determined during arguments scheduled the week of 3 October 2022, or by special setting no later than 18 October 2022,” Justice Robin Hudson, a Democrat, wrote in the order. Writing for the Court’s three Republicans, Chief Justice Paul Newby wrote: “Once more, the majority expedites the hearing of a case where no jurisprudential reason supports doing so. Given the impending November elections, expedited hearing in October on this voter ID matter will likely cause voter confusion, … especially when this Court recently entered a decision in another case involving voter ID, N.C. NAACP v. Moore.” “Additionally, the trial court’s permanent injunction in favor of plaintiffs remains intact,” Newby added. “Expedited consideration, therefore, will not provide plaintiffs any new relief that they do not already enjoy. Accordingly, nothing suggests that expedited hearing is necessary ‘[t]o prevent manifest injustice’ or to protect ‘the public interest.’” “The state Supreme Court ruled in August that a trial judge should take another look at N.C. NAACP v. Moore, the case challenging the 2018 voter-approved referendum that enshrined voter ID as an amendment to the state constitution. The high court suggested that the trial court could nullify the voter ID amendment and another amendment that lowers the state’s income tax cap,” The Carolina Journal reported.

POLL OBSERVER Sorry, I can't chat with you while on duty.

Print, sign, witness, take a picture and send to Jane@NCEIt.org or text 209 986 3845. Thanks Training Completion Certificate As an official VIP Election Observer, I hereby agree to the following code of conduct during my scheduled Observer activities (please initial each space and sign below): (1) ______ I will not electioneer while on duty; (2) ______ I will not talk to voters or election assistants inside voting enclosure; (3) ______ I will not look at voters’ confidential information (PII) (4) ______ I will not look at a voter’s completed ballots (5) ______ I will not take any photography inside the voting enclosure (6) ______ I will not board a vehicle containing curbside voters; (7) ______ I will not “assist” any voters while on duty; (8) ______ I will avoid behavior that could be viewed as “impeding” the process; (9) ______ I will strive to avoid any behavior that could be viewed as “intimidation;” (10) ______ I will strive to remain my precinct/early voting site, as scheduled; (11) ______ I will coordinate any scheduled changes with my party supervision. Name (print) _____________________________________ Signed _____________________________________ Date _________ Witness (print) _____________________________________ Signed _____________________________________ Date _________ (Note: IF you abide by the above statements, you have enough training to stay out of trouble while serving as a poll observer. To become an effective poll observer regularly visit our Observer-Training website, www.NCEIT.org) To apply as a poll observer, send a snapshot of this completed form to the County Chairman of either the Democrat, Republican, or Libertarian Party.

On the Members Resource tab, go to System Admin. Video is posted there also. https://www.youtube.com/watch?v=1kDrPAZ6J9Y&t=70s

Once you are registered as a member on NCEIT.org, you can access the Member Resources tab and the Task Forces where you can find all of the instructional videos. SEIRS Observer Training Video •https://www.youtube.com/watch?v=ALGiTPPRY88