Connect with us

News from the South - North Carolina News Feed

Ballots counted from dead voters has some saying NC is to blame

Published

on

carolinapublicpress.org – Sarah Michels – 2025-02-12 08:00:00

Live and let live? A decision by NC counties to accept dead voters’ ballots upsets some, unites others.

Everette Harris voted by mail in the May 2014 primary election. But before Election Day came, he died, and his vote was removed from the count. A decade later, three people — Wilfred Shea, 96, Michael Talbot, 78, and Daniela Smith-Davis, 18 — cast their ballots in the 2024 general election. They also died before Election Day.

But this time, their votes were counted by county board of election members in defiance of state guidance. 

It’s the latest affront in a long series of disagreements over election law in North Carolina. Does state law allow the ballots of dead voters to count if they were alive when they cast them?

Call to action

In 2014, this question spurred U.S. Rep. Mark Harris, Everette’s son, to action. Harris asked then N.C. House Speaker Thom Tillis to do something that would ensure future voters in his father’s position would have their ballots counted. 

Tillis obliged, sponsoring a bill which would have clarified that a voter’s ballot could not be challenged if they died between casting it and Election Day. The bill, called the Everette Harris Act, sailed through the state House unanimously. 

But the state Senate never assigned the bill to a committee, potentially due to an unrelated budgetary fight between Tillis and Senate leader Phil Berger, according to Gerry Cohen, a Wake County board of elections member who helped draft the bill. 

“In budget fights, people trade things — ‘we’ll do this, if you’ll do that,’” Cohen said. “I think that Berger wanted something from the House and in return would pass the bill, and it didn’t pass.” 

A decade later, Cohen is once again squarely in the center of the latest controversy over deceased voters. Cohen is one of several county board of elections members who ignored State Board of Elections guidance to remove dead voters from the count in the 2024 general election. 

Based on its interpretation of North Carolina law, the state elections board issued a 2022 memo instructing county election boards to judge voter qualifications as of Election Day, not the day when that person cast a ballot. By this logic, a voter who died by Election Day would not meet the state’s voter residency requirements. 

But Cohen doesn’t agree with that interpretation. And neither do some election board members in Wake and Rowan counties. 

Others, including several state residents who filed complaints over the issue, assert that county election boards don’t have authority to make their own interpretations. 

“The danger is that board of elections members decided to pick and choose what law they want to follow,” said Michael Frazier, the GOP election integrity chair for Rowan County. 

Deceased ballots and their gray area

Each week, the N.C. Department of Health and Human Services provides the state elections board a list of dead people. 

The board uses that information to remove the deceased from the voter rolls in accordance with state law. That process doesn’t stop during election cycles. 

The confusion for some is that North Carolina law isn’t explicitly clear on whether a voter can be removed from the rolls after casting a ballot because they’ve died. 

Ten states, including Florida and Maryland, allow dead voters’ ballots to count if they were alive when they cast them, according to the National Conference of State Legislatures

Nine states, including Delaware and Iowa, require them to be removed from the count. 

In three states (Colorado, Kansas, New York) there’s no blanket ban but challenges over dead voters are allowed.

And in 26 states, including North Carolina, the issue exists in a legal gray area. 

“It’s not so much that I see vagueness. I just don’t see where it says if you die before Election Day and you’ve already voted, then your vote doesn’t count,” said Greg Flynn, a Wake County board of elections member. 

A ‘nightmare’

In the past, there may have been a concern about people using a dead person’s identity to vote, Flynn continued. But now, technology and voting laws have progressed to the point where elections officials know exactly who is voting. The original impetus for such a law is gone, he added. 

In the absence of a clear legislative mandate, Flynn said the State Board of Elections has tried to manage the situation. 

“I think what’s happening is that a series of logical decisions has created a process that’s kind of a nightmare for the surviving families,” he said. 

When elections staff challenge the ballot of a person who died after voting, a hearing is scheduled. There, voters who have been mistakenly identified as deceased can testify to have their ballots counted. 

During this past election, however, relatives of Shea, Talbot and Smith-Davis showed up at the Wake County Board of Elections instead.

One of the family members representing Shea, who was an N.C. State track coach in the 1970s, sobbed for several minutes at the podium before she was able to testify, Cohen recalled. 

“The testimony was, ‘I got this challenge letter in the mail last night, and I saw the hearing was today, and I came in. My father was 96 years old. It was the last thing he wanted to do in life,’” Cohen recalled. “And she stood on the stand crying, and I thought this process was unspeakably cruel.” 

Down for the count

When it came time to vote on whether to throw out their votes, Cohen, Flynn and Wake County Board of Elections member Erica Porter decided not to sustain the challenges against the relatives. They also removed all other challenged dead voters from the count. 

Further west, a similar situation occurred in Rowan County. Faced with a choice on whether to count the ballots of 13 residents who died after making their decision, four members of the Rowan County Board of Elections opted not to vote on the matter, effectively dismissing the challenges. 

Frazier filed a complaint against the board members, asking the state elections board to consider their removal from office. To Frazier, it didn’t matter whether the challenged votes were Republican or Democrat. It was their decision to “subvert the law knowingly.” 

The state election board decided that the Wake and Rowan election board members could remain in their posts. But they all agreed that the county boards should not have acted in such a manner. 

“For me, it is disturbing when our memos are not adhered to,” State Board member Jeff Carmon said. “In two of these situations, I find that the lack of clarity from our legislature gives them an out. It is my hope that the legislature will make it crystal clear to give our memos even more weight.”

Republican State Board members Kevin Lewis and Stacy “Four” Eggers voted in the minority. Eggers said it’s been “quite clear for several decades” that the procedure is to not count these voters’ ballots. 

Lewis said that the State Board is the final arbiter of North Carolina law, not the county boards. 

“As a county board member, I had to follow a lot of numbered memos that I would have perhaps drafted differently or have had a different interpretation of, but as a county board member, I felt that and understood that I was obligated to comply,” he said. 

Will the legislature act on dead ballots? 

There seems to be not much of a legislative appetite to clarify the issue. 

It’s one of the few election debates that may not fall along ideological or partisan lines, Western Carolina University political science professor Chris Cooper said, so it’s unclear how the legislature would change the law if it chose to do so. 

“Who wants to come out and say you want to deny grandma the right to vote after she’s died?” Cooper asked. “It’s a very small number of people we’re talking about, and it’s a sensitive topic, so I don’t think there’s a lot of incentive to make it a policy issue right now.” 

As for Cohen, he’s made his point. If the situation arose again, he would follow the State Board’s guidance. 

“Did I step out of line? Maybe so. But the situation was so cruel, I decided I need to take a stand to change things,” he said. “I don’t need to stick my neck out again.” 

This article first appeared on Carolina Public Press and is republished here under a Creative Commons license.

News from the South - North Carolina News Feed

Cancer survivor builds victory bell for UNC patients: ‘Celebrate their victory’

Published

on

www.youtube.com – ABC11 – 2025-02-12 19:48:01


SUMMARY: Eric Bam, a cancer survivor who recently completed radiation therapy, now volunteers as a patient navigator. During his time volunteering, he noticed a lack of a way for patients to celebrate their victories. Inspired, he built a “Victory Bell” to allow patients to mark their accomplishments. He believes this celebration encourages other patients and provides hope. Dr. Trevor Hackman, who oversees the unit, notes that such moments inspire both staff and patients. Bam’s motivation is further strengthened by the recent loss of his wife to pancreatic cancer, pushing him to continue giving back.

YouTube video

“Only a patient can really appreciate how much ringing the bell matters. So the day he hung it up, it was the most joyous thing.”

Story: https://abc11.com/post/ring-bell-cancer-survivor-volunteer-makes-others-have-celebrate-end-treatment/15898850/
Watch: https://abc11.com/watch/live/11065013/
Like us on Facebook: https://www.facebook.com/ABC11/
X: https://twitter.com/ABC11_WTVD
TIKTOK: https://www.tiktok.com/@abc11_eyewitnessnews

Source

Continue Reading

News from the South - North Carolina News Feed

North Carolina lawmakers propose ‘work-and-save’ retirement program for small businesses • NC Newsline

Published

on

ncnewsline.com – Brandon Kingdollar – 2025-02-12 13:00:00

SUMMARY: Lawmakers in North Carolina have reintroduced a bill for a “work-and-save” retirement program aimed at helping employees of small businesses save for retirement through automatic payroll deductions. The program would offer both traditional and Roth IRAs and be administered by the state with participation from public and private financial institutions. The bill, sponsored by Republican Reps. Lowery, McNeely, and Warren, aims to provide workers, including laborers and farmers, with a means of saving for retirement. It also seeks to reduce public assistance costs, as states with similar programs have seen significant savings. Participation in the program is voluntary for employers.

Read the full article

The post North Carolina lawmakers propose ‘work-and-save’ retirement program for small businesses • NC Newsline appeared first on ncnewsline.com

Continue Reading

News from the South - North Carolina News Feed

Fear pervades Asheville, Buncombe immigrant communities in face of Trump-mandated mass deportations • Asheville Watchdog

Published

on

avlwatchdog.org – PETER LEWIS, JOHN BOYLE and LINUS SCHAFER-GOULTHORPE – 2025-02-12 11:10:00

Part one of three

Immigrant communities in Asheville and Buncombe are living in fear and anxiety over the Trump administration’s vow to conduct the largest mass deportation operation in U.S. history, targeting an estimated 11 million people who are in the country illegally, starting with violent criminals. 

Local businesses, schools, churches, social services organizations, and government offices are preparing for what could be traumatic social, cultural, and economic effects from the expulsion of potentially thousands of local residents, most of whom, Pew Research found, have lived, worked, studied, and ingrained themselves in the community for more than a decade.

Local officials appear to be perplexed about how to prepare for the possible deportation of what census data and surveys estimate could be thousands of unauthorized migrants in Buncombe and Henderson counties — or reluctant to disclose plans that might attract unwanted attention from immigration officials and anti-immigration politicians.

“Our families, our people are scared,” said Rebecca Sharp, the founder and director of La Esperanza, an outreach program that serves Latino families in Buncombe, Madison, and Yancey counties. Sharp said some immigrants are afraid to leave their homes to get food, or to go to work and school.


Coming in Part II: Civil disobedience? Showdown looms in Buncombe County as Trump administration targets “sanctuary cities”


Census data show that more than 50,000 people who identify as Hispanic or Latino live in western North Carolina, and as many as half are undocumented, according to a recent study from the Charlotte-based Camino Research Institute

Statewide, the Pew Research Center estimates that more than 320,000 people in North Carolina are undocumented, representing 37 percent of the state’s immigrant population. More than 19,000 Latinos reside in Buncombe County, comprising 7 percent of the population. Extrapolating from this study and others, somewhere between 7,000 and 10,000 could be vulnerable to deportation as the Trump administration ramps up its new immigration policies.

No mass deportations reported yet

No large-scale arrests or deportations have been reported locally as of Feb. 11, but rumors about enforcement actions, often fueled by misinformation and disinformation on social media, are creating uncertainty. 

Thousands of people have been detained across the country, immigration detention centers are over capacity, and images of shackled deportees being loaded into military planes are increasingly familiar. According to a Washington Post report Wednesday, two top officials at U.S. Immigration and Customs Enforcement (ICE) were removed from their jobs amid frustration among Trump officials that officers aren’t ramping up arrests and deportations fast enough to meet the president’s goals.

A Trump executive order instructed ICE to ignore Biden administration restrictions against entering and arresting people in “sensitive” areas, including schools, churches, hospitals and doctor’s offices, daycare centers, funerals, and weddings.

“It puts people on the edge,” said Jennifer, who asked that Asheville Watchdog not publish her last name because members of her family are undocumented immigrants. “They’re filled with fear, anger, anxiety — and a lot of this has to be because we don’t know what’s going to happen.”

“It is very likely that the Trump administration will do more deportations than it did in their first term,” said Ariel Ruiz Soto, a senior policy analyst at the Migration Policy Institute. “Numbers have increased somewhat, but there’s nowhere near the massive deportations that the administration had advertised.” // Photo credit: Migration Policy Institute

Ariel Ruiz Soto, a senior policy analyst at the Migration Policy Institute, a nonpartisan research and information institution, said mass deportations are unlikely in western North Carolina, at least in the near term, because of the government’s focus on the southern border and its limited capacity to identify, round up, detain, and deport large numbers of people outside of major cities. 

“It is very likely that the Trump administration will do more deportations than it did in their first term,” Ruiz said. “Numbers have increased somewhat, but there’s nowhere near the massive deportations that the administration had advertised.” 

But Tom Homan, a former acting director of the U.S. Immigration and Customs Enforcement (ICE) who is serving as Trump’s “border czar,” issued a warning to all undocumented immigrants.

“Bottom line is, under Trump he’s still going to prioritize national security threats and criminals,” Homan said. “But no one’s off the table. If you’re in the country illegally, it’s not OK. If you’re in the country illegally, you better be looking over your shoulder.”

Immigrants vital to area’s recovery

Immigrants, including those who are in the United States without legal authorization, are employed in industries vital to Asheville’s economy, including cleanup and reconstruction following Tropical Storm Helene. Many lack required documentation or use falsified documents to work in tree and debris removal, roofing, construction, and  landscaping. 

Mass deportations would also be a blow to Asheville’s hospitality and tourism business, affecting dishwashers, cooks, maintenance, housekeeping, and other jobs.

But the potential economic costs are secondary to the social and cultural losses to the community, critics of mass deportation said.

“We value our employees as people, not just as employees, and that’s what it comes down to,” said one Buncombe County employer, who was granted anonymity by The Watchdog because of concerns that identifying him further would jeopardize his workers. “To me, there’s more than being a citizen or not being a citizen. They’re people, so they have a right to be here.”

Family waving US and Mexican flags protest Trump immigration policies in Asheville Feb. 8
A protest and march against the Trump administration’s immigration policies drew hundreds to Pack Square on Feb. 8. // Watchdog photo by Katie Shaw

“In the larger sense, what these people are working toward is what all Americans want — a home, a safe community, a family with a bright future,” the employer said. “If you strive, there’s success for you in the future. That, in some ways, is the American Dream. That’s what our country is founded on.”

Many of Buncombe’s undocumented immigrants live in mixed-status households, with children, spouses, or other relatives who are American citizens. The administration’s “zero tolerance” policies allow separation of families, and require local law enforcement officials to report undocumented migrants to U.S. Immigration and Customs Enforcement (ICE), a division of the Department of Homeland Security.  

“Neither practical nor realistic”

Asheville has a history of ICE raids. 

In August 2008, ICE agents arrested 57 workers at an Asheville-based defense contractor, Mills Manufacturing, as Mountain Xpress noted at the time. Former Asheville City Councilman Carl Mumpower, who also ran for Congress as a conservative Republican, may have tipped ICE off about the workplace, according to the article.

“What we are seeing now is an authentic attempt to put a firm, lasting, and responsible stop to our heretofore porous borders,” said Carl Mumpower, a former Asheville City Councilman who also ran for Congress as a conservative Republican. // Photo courtesy of Carl Mumpower

“We are not going to deport all the citizens of other countries who are here illegally,” Mumpower told The Watchdog recently. “That step is neither practical nor realistic.”

“What we are seeing now is an authentic attempt to put a firm, lasting, and responsible stop to our heretofore porous borders,” Mumpower said. “There will be impact for those who have ignored those borders. But for the majority, in my view, the opportunity to remain in America will be a dependable outcome.”

Although the Trump administration has said deporting “criminals” is the top priority, White House press secretary Karoline Leavitt said the administration sees all undocumented immigrants as “criminals” and isn’t just seeking to deport those who commit violent acts.

More than half of the more than 8,000 people deported between Jan. 20, when Trump issued 10 immigration-related executive orders, and Feb. 2, did not have criminal records, according to a study of public records by the nonprofit investigative news site ProPublica and Texas Monthly. 

Being in the United States illegally is a civil, not a criminal, violation, and many of the thousands of individuals arrested in the first three weeks of the Trump administration have not been convicted of a crime. 

Homan, the official in charge of Trump’s anti-immigration program, vowed to deport “as many as we can get.” 

“If you’re in the country illegally, you’re on the table because it’s not OK to, you know, violate the laws of this country,” Homan said. He also vowed the administration would crack down on “sanctuary cities,” Democratic strongholds like Buncombe County that have policies that deliberately limit their cooperation with ICE’s deportation efforts.

Asheville, Buncombe schools prepare for impact

The U.S. Supreme Court’s decision in the 1982 case Plyler v. Doe established that all children, regardless of their or their parents’ immigration or citizenship status, have access to free, public K-12 education, and those who qualify under poverty guidelines can participate in free or reduced-price breakfast, lunch, and summer food service programs.

There are 26,228 elementary and high school students enrolled in Asheville and Buncombe County schools this year. 

Local public schools do not ask about a parent’s legal status when enrolling their children, Kimberly J. Dechant, chief of staff for Asheville City Schools, told The Watchdog, and can’t deny enrollment based on immigration status. “We serve all children in our community,” Dechant said.

Therefore, Dechant said, ACS doesn’t estimate how many of its 4,000-plus students are undocumented or who have one or more parent lacking residency permission. 

According to Pew Research Center findings, 8.9 percent of K-12 students in North Carolina are children of one or more undocumented immigrants. Extrapolating those numbers for Buncombe County Schools would mean that more than 1,900 students are vulnerable to having a parent deported; in Asheville schools, more than 350 students would be affected. 

Last week, in a message sent to parents of ACS students, Dechant wrote: “Recent changes to federal immigration regulations may impact some families in our school community. We understand that these changes can be a source of anxiety and uncertainty.”

“We want to emphasize that Asheville City Schools remains firmly committed to providing a welcoming, supportive, and inclusive learning environment for all students, regardless of their immigration status. Our schools are safe spaces where every student has the right to learn and thrive.”

But Trump’s executive order allowing immigration enforcement in schools means schools must plan for immigration status inquiries. ICE agents still face legal limits on school campuses, such as needing judicial (as opposed to administrative) warrants and restrictions under Family Educational Rights and Privacy Act (FERPA) on accessing student records.

“If we receive a warrant, we’re going to honor it,” Dechant said. “If it’s just a subpoena for records, they’ll be told to come to the central office. In order to obtain records they have to have proper documentation.”

BCS Superintendent Rob Jackson also wrote to parents: “At this time, BCS is working with the North Carolina Department of Public Instruction and our school board attorney to learn more about how changes may impact our school system. We are closely monitoring the situation and are committed to providing ongoing support to our students and school communities.”

“Maintaining a place where each and every student feels safe and secure is always our number one priority,” Jackson wrote. 

As The Watchdog reported earlier, the University of North Carolina  Asheville has instructed all its employees to cooperate fully with federal immigration officials. “UNC Asheville employees must not interfere with or obstruct law enforcement actions,” John Dougherty, UNCA’s chief of staff and general counsel, wrote Feb. 4. “If an officer presents a valid warrant or court order, do not attempt to prevent its execution.” 

The number of undocumented immigrants working or studying at UNCA, including those whose student visas have expired, is not known.

Businesses fear disruptions

Kit Cramer, president and CEO of the Asheville Area Chamber of Commerce, said the issue of workers’ immigration status and any possible local or federal enforcement action is “going to be an ongoing conversation for us, because, frankly, we’ve been so tied up with disaster relief that getting to other types of conversations has been difficult thus far.”

“When you consider how low historically our unemployment rate has been, we always need workers,” said Kit Cramer, president and CEO of the Asheville Area Chamber of Commerce. “We need to be a competitive place for people to come, and so Hispanic, non-Hispanic, I’m looking for every worker we can find.” // Watchdog photo by Starr Sariego

“But we also have to get back to some of the things that impact business on the whole and certainly immigration policy will,” Cramer said.

Cramer noted that Buncombe County had the lowest unemployment rate in the state prior to the COVID-19 pandemic, which shut down most tourism and caused unemployment to skyrocket. The rate had returned to the lowest statewide until Helene hit, pushing it to the highest in the state, 8.8 percent. No other city nationwide had a bigger year-over-year increase in unemployment as of November, according to the U.S. Bureau of Labor Statistics.

As the recovery continues, Cramer expects demand for workers to again ramp up.

“When you consider how low historically our unemployment rate has been, we always need workers,” Cramer said. “We need to be a competitive place for people to come, and so Hispanic, non-Hispanic, I’m looking for every worker we can find.”

Removal of a significant number of workers could drive up wages, Cramer said, possibly disrupt supply chains and the fulfillment of business contracts, and cause other “unintended consequences.” That could include pushing food and grocery prices even higher. 

The chamber and its Public Policy Committee have been working on Helene-related topics and have not formulated any stance on immigration enforcement policies at this point, Cramer said. In the past, the chamber has acknowledged the importance of different ethnicities and migrants from all over the world “that have come here and powered the workforce and the economy.”

Restaurants would feel the impact of deportations immediately, said Rich Cundiff, owner of Rocky’s Hot Chicken Shack, whose restaurants use the E-Verify system to electronically confirm the employment eligibility of their workers. “It seems to me that we’re probably looking at 10 to 15 percent of the restaurant workforce [locally] as Hispanic, but I’m really guessing,” he said.

“It’s going to hurt us bad if we lose our Latino workers,” Cundiff said. “We already are hurting from Helene, and the workforce has shifted significantly at this point, and it would just add insult to injury.”

“Everybody’s afraid, and for good reason,” Cundiff said. “They’re terrified that somebody’s gonna haul them off. I’m afraid for them.” 


Asheville Watchdog is a nonprofit news team producing stories that matter to Asheville and Buncombe County. John Boyle is a staff reporter and columnist. You can reach him at (828) 337-0941, or via email at jboyle@avlwatchdog.org. Peter H. Lewis is The Watchdog’s executive editor. Email plewis@avlwatchdog.org. Linus Schafer-Goulthorpe is a student reporting intern. The Watchdog’s local reporting is made possible by donations from the community. To show your support for this vital public service go to avlwatchdog.org/support-our-publication/.

Original article

The post Fear pervades Asheville, Buncombe immigrant communities in face of Trump-mandated mass deportations • Asheville Watchdog appeared first on avlwatchdog.org

The Watchdog

Continue Reading

Trending