RALEIGH, N.C. — On Tuesday, the Trump administration took legal action against North Carolina’s election board, accusing it of breaching federal law by not ensuring that some voter registration records included essential identifying numbers.
The U.S. Department of Justice filed a lawsuit in federal court, seeking to mandate that board officials devise a swift method to secure these missing numbers.
According to the Justice Department, North Carolina and its election board are not fulfilling the requirements of the 2002 Help America Vote Act. The board had allegedly issued a voter registration form that failed to clearly state that applicants must provide a driver’s license number or the last four digits of their Social Security number. If an applicant lacks both, the state is obligated to assign a unique identifying number.
Back in late 2023, under a Democratic-majority board, the issue was recognized after a voter raised a concern. While the form was updated, the board didn’t reach out to those who registered from 2004 onward to complete the missing information before the 2024 elections.
The lawsuit suggests that the board intended to gather the necessary information from voters individually as they showed up at polling stations. However, the extent of records lacking identifying numbers remains uncertain.
Attorneys from the Civil Rights Division argue that the board should take a more proactive approach. They are requesting a judge to give North Carolina a 30-day deadline to devise a strategy to contact voters with non-compliant records. This strategy would involve acquiring an identifying number for every affected individual and updating the electronic voter list accordingly.
This lawsuit follows similar steps previously undertaken by the Republican Party and a state GOP candidate concerned with the voter registration system for the 2024 elections. It also references President Donald Trump’s extensive executive order from March aimed at safeguarding against voting fraud and unlawful discrimination.
“Accurate voter registration lists are crucial for ensuring that elections in North Carolina are fair, accurate, and free from fraud,” stated Assistant Attorney General Harmeet Dhillon in a press release. “The Department of Justice is prepared to take legal action against jurisdictions that uphold incorrect voter registration schedules in violation of federal voting statutes.”
The composition of the election board shifted recently due to a 2024 law passed by the GOP-led General Assembly, transitioning appointment authority from the Democratic governor to Republican State Auditor Dave Boliek. This changed the board from a Democratic majority to a Republican majority.
The new board seems willing to align with the Justice Department’s demands. Executive Director Sam Hayes confirmed on Tuesday that the board was reviewing the lawsuit, admitting, “the failure to collect information required by HAVA is well-documented. Rest assured, I am devoted to ensuring compliance with federal law in North Carolina.”
Local elections commence in September.
Previously, state and national Republicans had filed a lawsuit over the absence of these identifying numbers, estimating that 225,000 registrants could be affected. Nonetheless, federal judges did not order any adjustments so close to the general election date.
This issue was also part of litigation after Election Day, as the Republican candidate for a state Supreme Court seat contested about 60,000 ballots, claiming they were cast by voters without complete identifying information. However, the election board noted earlier this year that around half of these individuals did provide an identifying number.
Several state appeal courts criticized the board’s management of registration records but eventually ruled that the questioned ballots should be included in the final count. Democratic Associate Justice Allison Riggs narrowly defeated Republican Jefferson Griffin by 734 votes from the total of over 5.5 million ballots cast.