WALLACE ATTORNEYS AT LAW 3737 GLENWOOD AVENUE, SUITE 260 JOHN R. WALLACE RALEIGH, NORTH CAROLINA 27612 RICHARD P. NORDAN MATT CALABRIA LAUREN TRUSTMAN NOYES November 29, 2018 Mr. J. Anthony Penry Chairman NC State Board of Elections VIA EMAIL HAND DELIVERY 430 N. Salisbury St. Raleigh, NC 27603?591 8 Re: Further Investigation of 9th Congressional District Dear Mr. Penry I write to you on behalf of my client, the North Carolina Democratic Party, with regard to election-related matters in Bladen County and Robeson County in the 9th Congressional District. The State Board of Elections is authorized by statute to ?take any other action necessary to assure that an election is determined without taint of fraud or corruption and without irregularities that may have changed the result of an election.? NCGSA 163A-1 180. On Tuesday, November 27, the State Board properly exercised this authority to delay certification of the results in the Ninth Congressional District. As Board Member Joshua Malcolm explained, ?m very familiar with the unfortunate activities that have happened in my part of the state. And I am not going to turn a blind to what took place to the best of my understanding, which has been ongoing for a number of years, and which has been repeatedly referred to the United States attorney and the district attorneys to clean up. Those things have not taken place." Since Tuesday?s announcement, more information has emerged to cast further doubt as to the basic fairness of the election. In 2016, on request from the Republican Party, the State Board granted a public evidentiary hearing to examine irregularities in Bladen County before certi?cation. The matter was referred to law enforcement for investigation. Today, the North Carolina Democratic Party respectfully requests that the State Board. once again, grant a public evidentiary hearing to examine the ?unfortunate activities? that Mr. Malcolm referenced and to determine whether these ?[i]rregularities or imprOprieties occurred to such an extent that they taint the results of the entire election and cast doubt on its fairness.? NCGSA 163A-l 181(a)(4). Basic fairness and equity demands that such a hearing be held before certification, just as it was in 2016. After pulling the fire alarm on Tuesday, the State 1 MAILING ADDRESS POST OFFICE Box 12065 I RALEIGH, NORTH CAROLINA 27605 TELEPHONE 919-782-9322 FAX 919-782-8113 WALLACENORDAN.COM PRINTED ON RECYCLED FIBER Board cannot in good conscience certify the election three days later. when so much smoke continues to hang over this election. Two days following the Board?s announcement, the public remains largely in the dark about the state government?s ongoing investigation into what happened in Bladen and Robeson Counties. The press has reported the following regarding Bladen County: The chiefinvestigator for the North Carolina Board of Elections took absentee by mail ballot request forms and their return envelopes from Bladen County immediately after the Nov. 6 election. according to the chair ofthe county?s board of elections. Bobby Ludlum. chair ofthe Bladen County Board of Elections, told WFAE Wednesday that the board's chiefinvestigator. Joan Fleming, came to Elizabethtown to get the records during the week of the election. ?She was here the day after, or around that time," said Ludlum, a Republican who chairs the county's board. "I've heard rumors and allegations (about what they are looking for) but they haven't said anything.? ?lacoraf'post ?nc-elcctions-inx'csti bladcn-countx absent-ecu bal lot form sit And the press has reported the following regarding Robeson County: Steve Stone. chair of the Robeson County Board ofElections. said state investigators have requested information the county board kept on an unusual number of absentee ballot requests. Stone said county elections officials began keeping logs of who dropped off large numbers of registration forms and absentee ballot requests and later reported the their concerns to the state board in August. Stone said county residents had reported that people were going door to door. telling voters that their registrations had been dropped and they needed to re-register. They were also asked to sign an absentee ballot request form, Stone said. ?It didn?t feel right.? he said. About 1.200 requested absentee ballots were not returned this year. Stone said. an unusually high number. Bladen County also had an unusually high number of unreturned absentee ballots. l?licial s~im estiugtti lcS?acca- hXSi?d44449f5 A review ofthe publicly available voter filer data con?rms that serious irregularities and improprieties may have occurred. In the 2018 election, Bladen County had the highest percentage of absentee ballot requests in the entire state ofNorth Carolina: 7.5% of all registered voters. In comparison. the next highest was Yancey County at and all but four counties fell below Among Bladen County absentee-by-mail votes cast during the 20l 8 Republican primary. Mark Harris received nearly 96 percent of the vote against a sitting Member of Congress. See hub: "ft-t wu Dan McCready similarly received fewer absentee ballot votes than would be expected based on the composition ofabsentec voters. Meanwhile. rates of spoiled absentee ballots were high. But more alarming than what public does know is what the public (including the undersigned requester) does not know. Since Tuesday. we have been told that an individual who has been the focus ofthe state's investigation worked for Mr. Harris? top consulting firm. during the primary and general elections. Does the State Board have relevant information in its possession on this question?? The public deserves to know. Since Tuesday. we have been told that election officials in Bladen County leaked absentee ballot vote totals to the Republican Party in violation of NCGSA 163A?l 3 15 but withheld that information from the Democratic Party. thereby creating a decisive strategic advantage for one campaign over the other. lfthis is true. then the election results are tainted and the election itselfunfair regardless ofthe number of fraudulent absentee ballots. Does the State Board have relevant information in its possession on this question?? The public deserves to know. Since Tuesday. our review of a limited sample of absentee ballots in Bladen County confirms that four individuals each witnessed more than 30 absentee ballots and that at least four other individuals witnessed more than 10. Does the State Board have relevant information in its possession on this question?? The public deserves to know. Multiple witnesses have said that suspected Republican agents came to their homes and may have tampered with their absentee ballots. Does the State Board have relevant information in its possession on this question? The public deserves to know. Currently, there is a serious question as to whether ?[i]rregularities or improprieties occurred to such an extent that they taint the results of the entire election and cast doubt on its fairness.? The only way to resolve this question and remove the taint that currently hangs over these election results and election results apparently going back years in Bladen County is to conduct a public evidentiary hearing. This hearing should address the known and suspected irregularities and in which witnesses including members ofthe Bladen County elections board are required under subpoena to answer whether early vote totals were leaked to Republican operatives. The hearing should also allow the State Board to present any relevant evidence currently in its possession and gather new evidence to fully put any illegal activity to rest. This hearing must take place before certification. Certifying this election on Friday. with these crucial questions remaining unanswered in the eyes ofthe public. would be a grave injustice and a permanent stain on this Board and a stain on North Carolina?s national reputation for free and fair elections. See Bush v. Gore, 531 US. 98. 128?29 (2000) (Stevens, J.. dissenting) (?Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the Nation's con?dence in the judge as an impartial guardian ofthe rule There is nothing Democrat or Republican in demanding light be shone on any illegal activity that may have gone on for years in Bladen County nothing less than the people?s faith in our democracy is at stake. Attached please ?nd ?ve (5) af?davits attesting to some ofthe issues addressed herein. Thank you for your attention to this matter. With best regards, I remain Sincerely, .4 7 RDAN, LLP .33 R. Wallace J0 Cc Josh Lawson enclosures Af?davit of Datesha Montgomery STATE OF NORTH CAROLINA COUNTY OF BLADEN The Undersigned, Datesha Montgomery, being duly sworn deposes and says: 1. lam over the age of 18 and a resident of the state of North Carolina. I have personal knowledge of the facts herein, and, if called as a witness, can testify completely thereto. 2. I suffer no legal disabilities and have personal knowledge of the facts set forth below. 3. On Wednesday evening about two weeks from todays date which is October 12, 2018, a young whit lady came by and asked for my absentee ballot. She stated that she was collecting peoples ballots in the area. She had just come from another ladies house. filled out two names on the ballot, Hakeem Brown for Sheriff and Vince Rozier for board of education. She stated the others were not important. gave her the ballot and she said she would finish it herself. I signed the ballot and she left. It was not sealed up at any time. I declare that to the best of my knowledge and belief, the information herein is true, correct, and complete. Executed this day of 20 lg Wm Mix/mama} Da ha Montgomery as clog/a? Witness State of County of 7 . Subscribed and sworn before me, I . A Notary Public In and for the County and State above, do hereby declare/{he Affiant, L34 71,55 lmw?y did appear personally before me and furnish to me adequate identification/of proving/their identity and?stated that (he/she) did sign this document of their own free will on this day of 20 (If . 13' . 3&1} r/Z? ?J/f?il . -- Notary Publi?t/ My Commission expires: - a .my- Af?davit of Emma Shipman STATE OF NORTH CAROLINA COUNTY OF BLADEN The Undersigned, Emma L. Shipman, being duly sworn deposes and says: 1. I am over the age of 18 and a resident of the state of North Carolina. have personal knowledge of the facts herein, and, if called as a witness, can testify completely thereto. 2. I suffer no legal disabilities and have personal knowledge of the facts set forth below. 3. A young lady whom positively identified by a choice of 4 pictures, came to my house the Sunday after Hurricane Florence and told me that she was assigned to this district to collect absentee ballots. I filled out the ballot while she waited outside and gave it to her when she came back. She took the ballot and put it in an envelope and never sealed it or asked me to sign it. Then she left. Because of the way she presented herself, I thought she was legitimate. I declare that to the best of my knowledge and belief, the information herein is true, correct, and complete. Executedthis?iidayor ?d?a?dr 20 Em .L.Shipman - ?at/m6 Witness _7 State of County of Subscribed and sworn before me, i 5/7?ng .A Notary Public In and for the County and State above, do hereby declare?ihe Affiant, 5/01/2041 Li man, did appear personally before me and furnish to me adequate identificatiorl of proving their identity and stated hats?j? (he/she) did sign this document of their own free will on this ,2 2 day of c?q/ 20/5/ . Seal em ?23:23pm 9? 1:353. .t Puf?n ?r Carolin: . Hair) .5. C, We?, 3 My CommISSIon expires: jv/J Call}; Newkuri Ihmmduwguul mum do .n and LlL'pmc lumexIcy] ummlmo mum L134 \kunux>>. hm mm} ummluml} 11w mm hcrcin 1 lm .x mun-m m'nhulcnt mum. \uulH umhndContact ls mHmU mum Juluphnnu mm] 4 Further af?ant saith naught. This the 7; day of November, 2018. I I A 313a?? if?? gnature ., 5 1 ness to Signa ure STATE OF NORTH CAROLINA COUNTY OF BLADEN I personaliy appeared before me this day and ac purposes therein described. a Notary Public, do hereby certify that knowledged the due execution of the foregoing instrument for the MN in. Van V1 Printed Name ?Widener C. men Printed Name Witness my hand and notarial seal, this the day ofNovember, 2018. NOTARY PUBLIC My Commission expires: Absentee Application and Certificate The followin Fraudulently or Falser completing this form is a Class I felony under Chapter 163 of the N.C. General Statutes people are PROHIBITED from signing the Witnesses' Certification: For all voters: a candidate. UNLESS the candida is the voter?s near relative; For voters who are patients or residents of a hospital, clinic, nursing home, or adult care home: facility; (2) an Individual who holds any federal, State. or local elective office; and (3) an individual who holds office in a 8 party or organization, or who is a campaign manager or treasurer for any candidate or political party. (1) an owner. .mana er. director. or employee of that tale. congressmnal istrict. county or precinct political LUCY MITCHELL YOUNG 32 AND DR LAKE WACCAMAW. NC 28450 DEM - BLADEN COUNTY i . CIV-1055 Ballot: G002 LUCY MITCHELL YOUNG 11I06i2018 - GENERAL Muni: Board Approval Date Second Primary Request or Runoff Request In the event that a Second Primary (or Runoff Election) is called. I request that an absentee application and ballot be issued to me and mailed to me. (Check the box to receive eligible ballots.) El Annual Request for Due to continued or expected illness or disability. I request that this application be a request for absentee ballots for any other elections to be held this calendar year in which I am eligible to participate. (Check the box to receive eligible ballots.) signature at Voter (ifapplicablcl Address when: applitatiun and ballots should be mailed Voter?s Certi?cation (Required) I am applying for an absentee ballot - I am a duly Quali?ed voter. re is- terecl as an af?liate of the political party indica on this applica Ion - All information represented on this application is correct - I am entitled to vote in this If I am an Unaffiliated voter voting in a rimary election, I am voti_ng_in the part primary indicated on the a ched label - If the party indicated is (U A). I am voting a nonpartisan ballot. I further certify that I_marked the enclosed ballot (or it was marked for me according to my instructions) of: two (2) witnesses who are at least 18 years at age and who are not disqualified by law to witness the casting of my absentee ballot (the witnesses must complete the Option 1 of the Witnesses' Certification} OR a notary public (the notary must complete Option 2 of the Wmesses' Codification) Signature Cl Date Name Correction til applicable) Voter Assistant Certi?cation {if applicable) I certify that: The voter requested.m assistance - assisted the Voter by marking the ballot only accpr mg to the Voter?s instruction; and/or I assisted the Voter in completing the Absentee Application and Certificate i the Voter ?lly, In the Voter's presence I am the Voter's near relative or veri?a egal guardian. or I am providing because a near relative or lega guardian is unavailable to assist the Voter. Name of Assistant Signa turn of Assistant Dale Address at Assistant Witnesses? Certification Option 1: Two Witnesses (Required Unless a Notary Public is the Witness} I certify that; - I am at least 18 years old - I am not disquali?ed from witnessing the ballot 3 described in the on the flap ofthis envelope - The Voter marked the enclosed ballot I my presence. or caused it to be marked in the Voter?s presence according to hisiher instruction The Voter signed this Absentee Application and Certificate. or caused it to be signed - I {game unless I assisted the Voter at hislher reque: [complete VoierAssistant Certi?cation section]. Witness #1 Witness .2 Signature Sig nature (Rt-:qirii I'll i Slroot Address (Ruquiuili Shoal Address lily-1: nu all City State and Zip (Ituqimmlp C?y_ State and Zip titanium-ill Data i Dali: Option 2: Notary Publlc as Witness (Required Unless Two Witnesaas Provided) I certify thatthe Volt personally appeared before me. was positivt Identified. and in my presence. the Voter marked the enclosed ballot. or caused it to be marked in the Vote presence according to hisiher instruction - The Voter signed this Absentee Application and Certificate. caused it to be signed - I am at least 18 years old - I am not disquali?ed from witnessing the ballot in the WARNING on the flap of this envelope - respected the secrecy of the bailot and the page whim, unless I assisted the Voter at hislher request [complete Voter Assistant Codi?cation sectio A notary max?mmimm tor Manson; and Mixing a normal seal to an absentee ballot application or centiman [6.5 108-3 STATE OF Commissio'ii Elpl?llon nan NCSBE V2018.02 Emam: 0953 we; m, O> ,2 GEN--QB. >mwm2qmm mbrrodzo . Irma Or>ww 23:. (H ('01 I Ihc ummgum. being mm mm wmm, upun pulwnul and mm. um and <> Juluphnuc mun -- 4 5H hy-A// H/i/l/i/ [143 Mew/y me MZL "mfg/flu, find/W m/e mi MA, me we fie/4% Maw/m1 Maw/17,, flrg'Lrfl/Y Ml fie me 5,74 y/I wne M7Z fie}; 1+3 my mama, #j km 977%" Mam," Jag/w, a. [mt/Mg; 141 MA M, we Mame." pup/m, Acme max/r ,n 54/4 A MM annewf'mZ/M A gm", wwfl/ my [Wyn 414 Wm; m, Wm man/H4. .71 Mky Ar}? Mural" a/ea/A/K firm KW mam/75 Further af?ant saith naught. This the 29th day of November, 2018. AanesWillis 1 mature Printed Name Matthew J. Dixon Witness to Signature Printed Name Inf STATE OF NORTH CAROLINA "2.30% 09$ 0 COUNTY BLADEN I, ?14 a Notary Public, do hereby certify that Agnes Willis personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein described. Witness my hand and notarial seal is the 29?h day of November, 2018. NOTARY My Commission expires: I a MAII NURHHARUI I 1 Ich unamgm hemp um duh Imml panama! knmk'ulg; mm hum-mm M.) and 'Mhmx I. I um <>chpr nmuers scI I'mth herein. 2 I am I mum" llIadn-n (bumy\nnh ('uruhnumum) and Halt cumuu Infimudnon Add I Inth 4 I mm 5mm fivllmu 11 IN 1th I mm- Md'mc Inmlm. . um 'm Mark 1mm (mum.qu In my Puma>> and Imqu I Iccuun :mx. Un cIcuIIun dm, (x IUIK. "?13 mIIsIdc [hr Hulhcl I'quntl pulling mu in Dublin. NC ch LI and mmcunc mud \1rt Iqu .\\Ol\ld gmuw mm>> mm In Ihc Amount Hum [11c Lump; gn MJIL Huth "my [ht mu Dan I cud} (I, 3(le mumlc 1hr Hulhm J'Iumul In '1 .1 \Ixo uthczIId {mum} mu- Hulhd nu Ilml hr had I'umwd IIH hallul llIu had Further af?ant saith naught. This the 29?h day of November. 2018. Dwight Sheppard Printed Name 'Witiiess to Signature Matthew J. Dixon Printed Name "ha. 5 i? ?00 ?until-nu," I. ?Huntqu COUNTY BLADEN 1, a Notary Public, do hereby certify that Agnes Willis personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein described. Witness my hand and notar' se 1, this the 29?? day of November 2018. NOTARY PUBLIC My Commission expires: 5* i