Southeast
North Carolina elections board faces another lawsuit, as RNC sues swing state over noncitizen voting concerns
The North Carolina State Board of Elections (NCSBE) is facing another lawsuit, as the Republican National Committee (RNC) is suing the battleground state for allegedly opening the door for non-citizens to vote.
The lawsuit brought by the RNC and the North Carolina Republican Party in Wake County last week accuses the NCSBE and members, Alan Hirsch, Jeff Carmon, Siobhan Millen, Stacy Eggers IV and Kevin Lewis of failing to require identification to prove citizenship.
The lawsuit alleges that by violating the Help America Vote Act (HAVA) and not checking the identification of approximately 225,000 voters, the agency “is opening the door for non-citizens to vote.”
North Carolina is the first state in the nation to start voting. The battleground state starts mailing out ballots for eligible voters on Sept. 6.
“The NCSBE has once again failed in its mandate to keep non-citizens off the voter rolls, fueling distrust and jeopardizing our elections,” RNC Chairman Michael Whatley said in a statement. “We are committed to the basic principle – and commonsense law – that only Americans decide American elections. Deliberately failing to follow the law, right before our country’s most important election, is inexcusable. We will fight every day to ensure that NCSBE follows the law, cleans the voter rolls, and protects the vote for North Carolinians.”
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“I Voted” stickers at a polling station at the Wayne County Public Library in Goldsboro, North Carolina, on Tuesday, March 5, 2024. (Allison Joyce/Bloomberg via Getty Images)
“This State Board continually has problems ensuring voter rolls only have verified citizens,” NCGOP Chairman Jason Simmons added. “This lawsuit will remedy their ongoing refusal to collect the required information from those who want to take part in North Carolina elections. Accountability and fidelity to following the rule of law is long overdue for the most partisan Elections Board in state history.”
The state board formerly used a voter registration form that failed to require HAVA-required identification information, such as a driver’s license number or the last four digits of a Social Security number. Election officials admitted the form was non-compliant with HAVA and eventually fixed it, but in the meantime, approximately 225,000 people registered without supplying the HAVA-required information, the complaint says.
Election officials allegedly refused to take remedial action and did not reach out to these voters to collect the required information. Instead, what the defendants “offer as a solution is a half-hearted promise that those who were ineligible to register but were allowed to anyway will naturally filter themselves out from the state’s voter rolls when they conduct other election-related activities,” the complaint says.
“This inaction misses the mark,” the lawsuit says. “Not only does this ‘solution’ fail to remedy the ongoing violations of state and federal law or account for Defendants’ responsibilities under the same, but it leaves North Carolinians to wonder how they can trust in the security of their elections, especially when those tasked with protecting their rights cannot be bothered to do what is required by law.”
Donald Trump during a campaign rally at the North Carolina Aviation Museum & Hall of Fame in Asheboro, North Carolina, on Aug. 21, 2024. (PETER ZAY/AFP via Getty Images)
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“Even worse, this ‘solution’ sends the message to the millions of duly qualified and registered voters in North Carolina that their chief elections officials will shirk their responsibilities and refuse to verify whether those who vote in the state’s elections are entitled to do so in the first place,” it adds.
Reached for comment, a spokesperson for the NCSBE told Fox News Digital, “This lawsuit asks for an impossible solution.”
“Despite being aware of their alleged claims months ago, the plaintiffs have waited until two weeks before the start of voting to seek a court-ordered program to remove thousands of existing registered voters. Federal law itself prevents such removal programs if they take place after the 90th day before a federal election, which was August 7. So, the lawsuit is asking for a rapid-fire voter removal program that violates federal law,” the spokesperson said. “The lawsuit also misunderstands the data and vastly overstates any alleged problems with voter registrations. If a voter does not have a driver’s license number or the last four digits of their Social Security number populated in the voter registration database, that does not necessarily mean that they were allowed to register improperly.”
The statement went on to say that federal law “allows voters who lack one of these numbers to nonetheless be registered” and “state law also allows a registrant whose information fails to exactly match with the DMV or Social Security databases to be verified by showing another type of ID before voting.”
“And in any event, all these voters will be asked to show photo ID again when they vote this year,” the NCSBE spokesperson said.
This is the second lawsuit filed by the RNC and the NCGOP against the North Carolina Board of Elections in a matter of weeks.
Last month, Republicans sued the board for allegedly failing to check jury questionnaire responses to identify and remove non-citizens from the voter rolls, as required by law.
Democratic presidential candidate Kamala Harris campaigns at the Hendrick Center For Automotive Excellence on Aug. 16, 2024, in Raleigh, North Carolina. (Grant Baldwin/Getty Images)
Last year, the state legislature passed SB747, a major election integrity law that requires state elections officials to cross-check when an individual claims to be a non-citizen on a jury questionnaire, to make sure that same person is not on the voter rolls. The RNC and the NCGOP allege that despite the law going into effect July 1, election officials have not begun to enforce it.
In February, North Carolina’s Office of State Budget and Management reported that approximately 325,000 “unauthorized” immigrants were residing in the state.
That was out of the total of 501,000 foreign-born non-citizens in North Carolina, according to the complaint in that case.
In a statement reacting to that suit, the NCSBE spokesperson asked that the NCGOP and RNC “immediately rescind their press releases on this topic, as they will undermine voter confidence on an entirely false premise.”
“State Board staff have worked diligently with the clerks of superior court across North Carolina since that provision became law in July. In August, the superior court clerks provided the State Board with lists of voters excused from jury duty because they claimed they were not U.S. citizens,” the spokesperson said in part. “The State Board compared those lists with the North Carolina voter rolls, and nine individuals matched, across the state. If a check of state and federal databases shows any of those nine individuals have not obtained citizenship, the State Board will send them letters informing the registrants of the agency’s findings and invite them, if not U.S. citizens, to cancel their registrations to comply with the law.”
Last week, Robert F. Kennedy, Jr. also sued the North Carolina State Board for denying his request to be removed from the state’s ballot before the November election. Despite the candidate dropping out of the race and endorsing former President Trump, the board decided in a 3-2 vote to keep Kennedy’s name because nearly 2 million ballots had already been printed.
Kennedy also was unable to remove himself from the ballot in the fellow battlegrounds of Michigan and Wisconsin.
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A Florida man convicted of killing a college freshman and raping the student’s sister while the siblings camped in a national forest 30 years ago is scheduled to be executed Thursday.
Loran Cole is set to be put to death just after 6 p.m. at Florida State Prison for the 1994 killing. Cole is also serving two life sentences for rape. The U.S. Supreme Court denied Cole’s final appeal earlier Thursday.
According to court records, Cole and a friend, William Paul, befriended the two college students in the Ocala National Forest. After talking around a fire, the men offered to take the siblings to see a pond. While away from the campsite, Cole and Paul jumped the victims and robbed them.
The brother, 18, who was a student at Florida State University, was beaten, had his throat slit and left in the forest. His sister, who was 21 and a senior at Eckerd College, was taken back to the campsite, where Cole tied her up and raped her.
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This image provided by the Florida Department of Corrections shows Loran K. Cole, convicted of kidnapping adult siblings camping in a national forest in 1994 before raping the sister and murdering the brother. He is set to be executed by lethal injection Thursday at Florida State Prison. (Florida Department of Corrections via AP)
The woman was left tied to a tree overnight and raped again the next day. She eventually managed to free herself and flag down a driver for help. Police found her brother’s body lying face down on the ground, according to court records.
Gov. Ron DeSantis signed the death warrant for Cole last month.
Lawyers for Cole, 57, raised several points in their appeal, including the fact that Cole was an inmate at a state-run reform school where he and other boys were beaten and raped. The state has since apologized for the abuse and this year passed a law authorizing reparations for inmates at the now-shuttered reform school.
Cole’s lawyers also argued that he shouldn’t be executed because he suffers from brain damage, is mentally ill and has Parkinson’s disease.
The state Supreme Court rejected the defense’s arguments.
Paul and Cole were convicted of first-degree murder. Paul was sentenced to life.
The execution will be the first in Florida since Michael Zack was put to death last October for the 1996 killing of Ravonne Smith.
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Southeast
Florida 9-year-old died after father's girlfriend directed rottweiler to attack her: sheriff
A Lake County, Florida, mother was arrested this week for allegedly killing her boyfriend’s 9-year-old daughter, according to officials.
The Lake County Sheriff’s Office said 34-year-old Tyshael Elise Martin was arrested near her Montverde home after 6 p.m. Wednesday and charged with first-degree murder, aggravated child abuse and child neglect.
FOX 35 in Orlando reported emergency crews responded to Martin’s home June 17 after receiving a report that 9-year-old Jamaria Sessions was unresponsive.
When emergency personnel arrived, they found the child with numerous abrasions, bruises, burns and possible bite marks, prompting sheriff’s deputies to respond.
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Tyshael Elise Martin was arrested and charged with first-degree murder, aggravated child abuse and child neglect. (Lake County Sheriff’s Office)
An investigation conducted by the medical examiner indicated the child’s injuries were consistent with physical abuse, a press release noted.
As part of the sheriff’s office’s investigation, detectives obtained video footage from the family’s security system.
The videos reportedly showed that on the night of June 15, Jamaria was “viciously” attacked by the family’s 103-pound Rottweiler. At the other end of the dog’s leash was Martin, who allegedly directed the dog to assault the child.
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The Lake County Sheriff’s Office arrested a woman Wednesday accused of killing a 9-year-old girl and directing a rottweiler to attack her. (iStock)
Detectives also allege the video showed Martin kicking Jamaria repeatedly as she lay motionless on the floor.
The video also allegedly shows Martin dragging the girl’s body across the floor while she struck and shook her. Authorities said Martin possibly said, “I’m fixin’ to kill her.”
Investigators also unveiled interviews, videos and text messages suggesting Jamaria’s punishment included extended time sitting at a wall, running in place with her hands raised, being hit with various objects and being kicked, punched and pinched, the station reported.
Investigators received the child’s autopsy report Tuesday, which indicated Jamaria’s cause of death was complications from multiple blunt injuries to the head, torso and extremities, along with an injury to her right foot. Deputies said the manner of death was ruled homicide.
Martin was processed and booked into the Lake County jail, where she was held without bond.
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Former President Donald Trump said Florida’s six-week abortion ban “is too short,” signaling he could vote in favor of a ballot initiative to overturn the six-week ban on abortions in the state.
“I think the six-week is too short, there has to be more time,” Trump told an NBC News reporter when asked how he will vote on Florida’s Amendment 4 that will appear on the ballot for November elections. “I’ve told them that I want more weeks,” he continued.
The reporter then pressed if Trump will vote in favor of the amendment.
“I am going to be voting that we need more than six weeks. Look, just so you understand, everybody wanted Roe v. Wade terminated for years, 52 years. I got it done. They wanted it to go back to the states. Exceptions are very important for me, for Ronald Reagan, for others that have navigated this very, very interesting and difficult path,” Trump responded.
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BOZEMAN, MONTANA – AUGUST 09: Republican presidential nominee, former U.S. President Donald Trump speaks at a rally at the Brick Breeden Fieldhouse at Montana State University on August 9, 2024, in Bozeman, Montana. (Photo by Michael Ciaglo/Getty Images)
The Trump campaign told Fox News Digital on Thursday evening that the 45th president has not yet revealed how he will vote on the Amendment.
“President Trump has not yet said how he will vote on the ballot initiative in Florida, he simply reiterated that he believes six weeks is too short,” Trump campaign national press secretary Karoline Leavitt said.
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A pregnant woman stands for a portrait in Dallas, Thursday, May 18, 2023. According to provisional statistics for 2023 released by the Centers for Disease Control and Prevention on Thursday, April 25, 2024, U.S. births fell last year, in a substantial drop marking an apparent end to pandemic-related fluctuations and a return to a long-standing national decline. A little under 3.6 million babies were born in the U.S. last year, about 76,000 fewer than the year before. (AP Photo/LM Otero, File)
Florida Republican Gov. Ron DeSantis signed The Heartbeat Protection Act into law last year, which banned most abortions after six weeks of gestation. This year, Florida residents will vote on Amendment 4, Right to Abortion Initiative, which works to overturn the ban.
“No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion,” the amendment reads.
Trump also addressed the interview and his remarks regarding Amendement 4 during an event in Potterville, Michigan, on Thursday.
“She asked me about abortion. And I handled it very nicely. Because you know what? That’s so overplayed. We have abortion. We have the whole thing brought back into the states where it belongs. That’s where everybody wanted it for years and years and years, and they are voting on it,” he said of the interview with NBC News.
“And I happen to believe in the exceptions Ronald Reagan did, for life of the mother, rape, incest. The exceptions – probably 90% of the people [support exceptions]. But, you know, I was just telling this reporter the real problem, and the real radicals on that issue are the Democrats. Where you can have an abortion in the ninth month. And in six states, you’re allowed to kill the baby after the baby is born,” he added.
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Florida Governor Ron DeSantis speaks on Day 2 of the Republican National Convention (RNC), at the Fiserv Forum in Milwaukee, Wisconsin, U.S., July 16, 2024. (REUTERS/Mike Segar)
Republicans and religious leaders in the state have railed against the pro-choice amendment in Florida, including DeSantis who said the amendment potentially passing would represent “the end of the pro-life movement.”
“If you care about building a culture of life in this state or this country, them winning in Florida I think really represents the end of the pro-life movement,” DeSantis said earlier this month during an event at Jesuit High School in Tampa, the Tampa Bay Times reported.
“If you look at the state of Florida, we do not have a pro-life majority,” DeSantis warned. “We’ve got a big chunk, but we don’t have a majority. If only people that are pro-life oppose it, it very well might pass.”
Catholic leaders in the state have also slammed the amendment as “extremely grave” and urged all “Floridians of goodwill” to vote against it.
“We urge all Floridians of goodwill to stand against the legalization of late-term abortion and oppose the abortion amendment. In doing so, we will not only protect the weakest, most innocent, and defenseless of human life among us but also countless women throughout the state from the harms of abortion,” said the Catholic bishops of Florida in a statement on Amendment 4.
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Trump had previously voiced his displeasure with DeSantis signing the ban on abortion after six weeks last year, calling it a “terrible mistake” and “terrible thing.”
HOWELL, MICHIGAN – AUGUST 20: Republican Presidential Candidate former U.S. President Donald Trump responds to a queston from a reporter after his remarks on August 20, 2024 at the Livingston County Sheriffs Office in Howell, Michigan. Trump is visiting Michigan this week to discuss “crime and safety” during a campaign event. (Nic Antaya/Getty Images)
The 45th president’s comments come as Vice President Kamala Harris and her 2024 presidential campaign claim Trump would impose a federal abortion ban if re-elected to the White House, which Harris cited in her nomination acceptance speech last week at the DNC in Chicago.
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“Children who have survived sexual assault, potentially being forced to carry a pregnancy to term. This is what’s happening in our country because of Donald Trump. And understand, he is not done. As a part of his agenda, he and his allies would limit access to birth control, ban medication abortion and enact a nationwide abortion ban, with or without Congress,” Harris said.
Vice President Kamala Harris speaks during a campaign rally, Tuesday, July 30, 2024, in Atlanta. (AP Photo/John Bazemore)
Trump has denied that he would impose a federal abortion ban, instead advocating that abortion laws be left up to individual states.
Ohio Sen. JD Vance, Trump’s 2024 running mate, also addressed Democrats’ claims that Trump would impose a federal ban if re-elected in an interview on Sunday.
“Democrats made the case this week, and beyond this week, that Donald Trump, if elected, will impose a federal ban on abortion if he wins. Now, Donald Trump says he won’t. But can you commit, senator, sitting right here with me today, that if you and Donald Trump are elected, that you will not impose a federal ban on abortion?” “Meet the Press” host Kristen Welker asked Vance in an interview that aired Sunday.
Former President Trump and vice presidential candidate U.S. Sen. J.D. Vance, R-Ohio, appear on the first day of the Republican National Convention on July 15, 2024. (Win McNamee/Getty Images)
“I can absolutely commit to that, Kristen. Donald Trump has been as clear about that as possible. I think it’s important to step back and say, ‘What does Donald Trump actually said on the abortion question, and how is it different from what Kamala Harris and the Democrats have said?’ Donald Trump wants to end this culture war over this particular topic.”
“If… California wants to have a different abortion policy from Ohio, then Ohio has to respect California, and California has to respect Ohio. Donald Trump’s view is that we want the individual states and their individual cultures and their unique political sensibilities to make these decisions, because we don’t want to have a non-stop federal conflict over this issue. The federal government ought to be focused on getting food prices down, getting housing prices down. Issues, of course, where Kamala Harris has been a total disaster,” Vance continued.
Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.
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