Voter registration challenge in Wake

I learn something new every day.

Today, the Wake Board of Elections (BOE) today discussed Greg Flynn’s challenge to Jay DeLancy’s voter registration. Mr. DeLancy leads the Voter Integrity Project, a group dedicated to the proposition that all voter registrations are suspect and probably fraudulent unless it can be determined that the voter voted Republican. Mr. Flynn had reason to send a Registered Mail-Return Receipt Requested letter to Mr. DeLancy and, Lo! and Behold! it was returned. Did Registered Voter Jay DeLancy actually live at that address?? A challenge ensued, with the returned letter as evidence.

The Board’s conversation became entangled in a discussion of what exactly was the legal definition of First Class Mail. The statute, some in the room said, implies it is a regular, old 49 cent letter. Some claim Registered Mail is a type of First Class Mail, an elevated type, if you will, but that the statute REQUIRED a plain, old not-registered type. Why? Because some people will not sign for Registered Mail out of concern it is the preliminary blow in a law suit. Why, it was asked, should a duly registered voter be taken off the voter rolls simply because they don’t want to acknowledge receipt of a lawsuit??

This discussion went on for an extended period of time. Are the many services offered by the post office as a variation of First Class Mail, actually First Class mail as described in the statute?? I had been under the impression that Registered Mail was a method used by Boards of Elections to verify a voter’s address, but the Wake Director tells me they use only regular First Class Mail, which by definition, is returned if the person is no longer at that address.

It seemed almost everyone in the room (but me) was a lawyer. Is the phrase First Class Mail, as used in the statutes, a floor or a ceiling when considered against all the mailing options available?? Does the statute require only First Class Mail, or does it allow for any type of First Class Mail, which can include Registered, Registered Return Receipt Requested, or even a simple Tracking method??

There was a lot of double-speak. Greg, your letter is fine, but it’s not fine. It’s First class, but it is not First Class. We want to use it as evidence, but don’t feel we can take it as evidence. It’s just not clear that this is a First Class Letter....

A motion to accept the Registered Mail as evidence enough to go to the next step, which is a Hearing on the challenge, where Mr. DeLancy could appear and respond, never got a second, so died aborning (on party lines).

The Wake BOE did however, decide to continue this preliminary hearing until Thursday, to allow the board chair to contact the State BOE seeking an opinion of exactly what that board considers to be First Class Mail.

Ultimately, we may need clarification from our august General Assembly.

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Comments

Voting fraudsters

in Wake County, if they happen to be Republicans, now know their asses are covered by their friends on the board?

Clarification from our august General Assembly.

would likely take the forms of something along the lines of:

"No person may challenge the voter registration of a good, solid Republican, especially one who is engaged in a cause to purge the voter rolls of ineligible, meaning Democrat, voters."

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"I will have a priority on building relationships with the minority caucus. I want to put substance behind those campaign speeches." -- Thom Tillis, Nov. 5, 2014

Running interference for GOP hacks

Greg did EXACTLY the same thing the Voter Integrity Project did to identify inactive/inaccurate voter registrations, and the BOE investigated all those people. For them to turn this thing into a debate about US Mail options is one of the most obvious cases of bias and dissembling we've seen from them yet, and that is saying something.

It's past time for the (US) DOJ to open an investigation on the State BOE itself, for aiding and abetting civil rights violations here in NC.

First-Class Mail

Vicki, good to see you there. Sorry we didn't get to talk. The original letter was sent Certified and Return Receipt Requested as "Extra Services". According to the postal regulations I have reviewed, in order for a letter to be eligible for either Certified or Registered services it has to be First-Class to begin with.

As I said at the preliminary, or probable cause, hearing, I have multiple reasons for filing this challenge and I presented a single piece of evidence that I believe to be no less than the law requires and no more than the law requires to trigger a full hearing.

As long as this is ongoing I don't intend to write about it or engage much online but I appreciate you writing about it.

I certainly think

this is enough to trigger a full hearing. If Mr. DeLancy really lives at the given address, then he can come in, prove it, and the challenge will be dismissed. But right now, it appears that the burden has (or should have) shifted to him. It will be interesting to see what the SBOE says.

I was interested to see the

I was interested to see the statute calls for 'a piece of first class mail' but board members kept remarking, this letter is the only piece of evidence….
As if there had been some other indication they would have gone ahead and scheduled a hearing.

BTW-I can't be there Thursday.