[Update: The election results did not change the top-three vote-getters in both the commissioners and school board races. Unofficial results indicate the re-elected commissioners will be Republican incumbents Bill Rivenbark and Dane Scalise, with newcomer Democrat Stephanie Walker coming onto the board; new school board members include Democrats Judy Justice and Tim Merrick and Republican David Perry. Scroll to the end of the piece to see counts, to be canvassed Friday.]
SOUTHEASTERN N.C. — A week after Election Day, the saga with uncounted ballots and a recently filed election protest against New Hanover County Board of Elections continues.
Board of Elections Chair Derrick Miller told Port City Daily Thursday afternoon the board will hear Commissioner Dane Scalise’s election protest at Friday’s canvass meeting. This is when the results of the 2024 election will be finalized.
The protest hearing comes as county emails show Paul Cox, North Carolina State Board of Elections general counsel, informed the county the election results cannot be certified by the county until an election protest has been handled.
Scalise, an incumbent Republican commissioner, filed the protest on Tuesday, Nov. 12. It alleges the election was misconducted and the local race had both:
- A defect in the manner by which votes were counted or results tabulated sufficient to cast doubt on the apparent results of the election.
- A violation of election law, irregularity, or misconduct sufficient to cast doubt on the apparent results of the election.
The New Hanover County Board of Elections did not count all absentee ballots received before Election Day on Nov. 5, as mandated by state law; the law allows any absentee ballots received on Election Day be counted after. However, an Oct. 31 administrative cutoff for absentee ballots to be counted after Nov. 5 was issued at some point during early voting. It affects, according to Scalise’s protest, roughly 1,000 ballots that came in on Oct. 31, Nov. 1, 2 and 3.
These uncounted ballots could influence the current unofficial results of two tight New Hanover County races — commissioners and school board. Only 249 votes separate the last winner and first loser in the commissioner contest; there is a 622 delta for the school board.
All ballots will be counted, New Hanover BOE Director Rae Hunter-Havens has maintained. She told county officials — who have been inquiring about how and why the general statute was overlooked — that the administrative cutoff was made at the guidance of the North Carolina State Board of Elections; however, the state board has denied as much.
Apparently, communication came on a phone call during early voting, as reported by WECT Wednesday evening. The outlet is a media partner of Port City Daily and reported that State Board of Elections attorney, Cox, said the ballots should have been counted.
Cox was at the county board of elections meeting on Thursday as the county began its process. His presence was required, he added, since “the county attorney’s office recused itself from assisting the board of elections.” County officials recommended the local board of elections retain outside legal council after learning of the administrative cutoff decision, which County Manger Chris Coudriet wrote to commissioners that he and NHC attorney Jordan Smith believed conflicted with state law.
“The State Board determined it would be best to have State Board legal staff on site to assist with any guidance to the county board on certification procedures or election protest procedures, or questions from the media during the final two days of the certification period,” Cox told Port City Daily, adding the local bipartisan board is “fully capable” to see through final ballot tabulations and certify results.
Scalise’s protest requested the absentee ballots be counted immediately, though the board of elections already set its Nov. 14 date. County government officials also asked the local board of elections to move up the count; however, the law requires an earlier date to have been agreed upon two weeks prior to the election.
Per State Board of Elections guidance, the local board of elections director can dismiss an election protest after two calendar days following the filing, if neither a county board member nor the executive director of the state board objects. This can be done if the protest is not properly filed, deemed unsubstantiated or does not establish probable cause.
Scalise told Port City Daily Thursday — 30 minutes before the 2 p.m. BOE was set to meet and count remaining ballots — he had not received a response to his protest.
Board of Elections Chair Miller wrote in an email at 4:30 p.m. confirming the protest would be taken up Friday, Nov. 15, ahead of the ballots’ official certification.
Per state board of elections procedures, the protester can present evidence of the misconduct, and the board can subpoena witnesses, but the protest’s success depends on whether the affected ballots or irregularities could have changed the election’s outcome. The board’s decision, if not in the protestor’s favor, can be appealed to the state. The local board also must report to the state if it finds the protest to be valid.
The New Hanover County Board of Elections moved on with business as usual Thursday, without mentioning the protest. The ballot-counting is expected to run late into the evening, with tabulations of more than 3,500 provisional and absentee ballots on deck.
The board started counting provisional ballots first Thursday afternoon; these are ballots used when a voter does not have or cannot present a photo ID. The board received 1,976, though 21 were removed from the count due to invalidity.
Hunter-Havens presented 267 partial ballots — meaning the person voted in the wrong precinct and received the wrong ballot style — recommended for approval and the board concurred. Not all races will be counted on these ballots due to the precinct discrepancy, but Hunter-Havens said they all will affect both New Hanover County school board and commissioner races.
The board then approved 478 ballots cast provisionally for various reasons, such as a lack of identification or deficiencies with the voter’s registration. Hunter-Havens said this number of provisional ballots was “fairly normal” for a presidential election year.
Three pending provisional ballots were approved. These occurred due to poll workers choosing the wrong name at the voting site. A single pending provisional was rejected due to the appearance of voting twice. Three ballots remain pending because the voter appears to have submitted an absentee ballot, but due to a mix-up or misunderstanding, chose to also submit a provisional ballot as a back-up. These will be reconsidered after the absentee review.
As for the remaining 1,204 ballots, Hunter-Havens is not recommending their approval due to eligibility deficiencies. However, the voters had until 5 p.m. to cure any deficiencies or provide voter I.D. The board will take up these ballots later tonight.
After the provisional review, the board moved on to the long process of reviewing individual absentee ballots. The board’s original post-election report counted 1,500 absentee ballots needing to be processed, which ticked up to 1,750 by Nov. 8, and on Tuesday, Nov. 12, increased to 1,912.
By press at 5 p.m. Tuesday, the board of elections is still working through its absentee count.
Counting ended late Tuesday. It indicated Stephanie Walker moved into second place with Dane Scalise, once second place, now in third; a recount could still be requested by Jonathan Barfield Jr.
According to state statute, a losing candidate has the right to demand a recount of votes if the disparity between the prevailer’s turnout is no more than 1% of the total vote. The recount would have to be submitted by 5 p.m. on Monday, Nov. 18.
- Bill Rivenbark: 62,852 (61,916 with added 664 absentee and 272 provisional ballots)
- Stephanie Walker: 61,539 (60,306 with added 987 absentee and 246 provisional ballots)
- Dane Scalise: 61,489 (60,559 with added 668 absentee and 242 provisional ballots)
- Jonathan Barfield Jr.: 61,238 (60,057 with added 945 absentee and 236 provisional ballots)
- John Hinnant: 59,316 (58,445 with added 619 absentee and 252 provisional ballots)
- Cassidy Santaguida: 58,884 (57,652 with added 981 absentee and 251 provisional ballots)
The school board race indicates both fourth and fifth places, Jerry Jones and Nikki Bascome, can request a recount.
- Judy Justice: 63,920 (62,631 with added 1,028 absentee and 261 provisional ballots)
- Tim Merrick: 62,080 (60,830 with added 999 absentee and 251 provisional ballots)
- David Perry: 60,982 (60,069 with added 638 absentee and 275 provisional ballots)
- Jerry Jones Jr.: 60,680 (59,447 with added 993 absentee and 240 provisional ballots)
- Nikki Bascome: 59,939 (59,058 with added 625 absentee and 256 provisional ballots)
- Natosha Tew: 58,355 (57,517 with added 590 absentee and 248 provisional ballots)
All votes will be canvassed Friday beginning at 11 a.m.
Email journalist Brenna Flanagan at brenna@localdailymedia.com.
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