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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“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.”
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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.
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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Southeast
City in Florida providing $1M in opioid settlement money to nonprofits fighting opioid epidemic
The city of St. Petersburg, Florida, is allocating $1 million from an opioid settlement to nonprofit organizations working to address the opioid crisis through treatment and recovery support services.
As part of the settlement, St. Petersburg will receive $6 million over 18 years.
The city is looking to fill resource or service gaps in the community and plans to use the money to offer grants for new and innovative proposals that are not already being funded by existing sources, the city said in a news release.
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Grants will be awarded to proposals that offer respite housing, overdose prevention, substance use prevention and education, harm reduction and peer support, with priority given to proposals that focus on respite housing, harm reduction and peer support.
“There’s never enough help for addiction as rates continue to increase,” Matthew Schaefer, the director of operations for Real Recovery Solutions, told Fox 13.
Real Recovery Solutions, which runs sober living facilities in Pinellas County and around the Tampa Bay region, is not eligible for the grant money but does work with non-profits that can use the funds to sponsor someone, the outlet reported.
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“[Non-profits] will fund maybe two to three weeks of sober living. And give that recovering addict a chance to go find a job and start paying their own rent,” Schaefer said.
One of the biggest needs in the region, according to Schaefer, is making detox treatment more accessible and affordable. Many detox centers are privately funded and require full payment or insurance, but others have long wait lists to get a bed.
“[Addicts] are told, ‘hey, you know, we’re three to five days out from a bed.’ There’s a lack of resources for our underfunded or noninsured community. I think that that could be a big help. Unfortunately, that three to five days could really, truly be life or death,” Schaefer said.
Nonprofit groups were given until October 20 to apply for grant money through the city of St. Petersburg.
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Southeast
Missing Florida runner Arielle Valdes found dead after five-day search
Florida authorities believe they have discovered the body of 21-year-old jogger Arielle Valdes after a five-day search for the missing woman.
Valdes, who was training for a marathon, according to the Fort-Myers News Press, was last seen leaving her home on Wednesday, Aug. 28, to go on a run on the 90th block of Mariana Avenue around 6:30 p.m. in North Fort Myers, the Lee County Sheriff’s Office said.
A Department of Transportation camera captured video of the woman running south on U.S. Route 41 about 15 minutes later, the department said. Another camera captured her running south toward the Edison Bridge just after 6:50 p.m.
A search by the sheriff’s office and civilians included marine vessels, aviation tools, drone and rapid DNA testing, People reported.
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A body presumed to be Valdes’ was discovered by search crews along the Caloosahatchee River in North Fort Myers on Monday, Sept. 2.
Preliminary findings do not indicate foul play, the LCSO said. The department could not be reached at press time for further details on Valdes’ cause of death.
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A social media post shared by Valdes’ family during the search said that she had “been having panic attacks as of very recently and has not been speaking much the last week.”
Valdes’ mother told police that she “had been acting strange for the last couple days” and mentioned that “she was hearing demon voices in her head,” according to a police report obtained by the New York Post.
Isabella Hergert, Valdes’ sister, paid tribute in several social media posts.
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“Ari you were too good for this world. I love you and I will see you again in every lifetime. You are a piece of my soul that I will always look for,” she wrote.
“My sister was a real life angel,” Hergert wrote in another post. “I know this is all for a greater purpose.”
On the “Finding Arielle Valdes” Facebook group, members of the community were thanked for their search efforts.
“The efforts we made together were widespread and unforgettable, showing just how powerful we can be when we unite for a common cause,” the post read. “In the face of this tragedy, we’ve proven that we are more than just neighbors – we are a true community, bound by our care and commitment to one another.”
Originally, a GoFundMe was organized to raise a reward for “the person who provides information to the family or police that leads directly to finding Arielle.” Now, organizer Joseph Sowels wrote in the fundraiser’s description, those funds will go directly to Hergert.
On Thursday, a memorial run in Valdes’ memory was held in Lee County, Wink News reported.
“I feel an overwhelming amount of love right now from the community, and I just want to say thank you to everyone that is here and organized this,” Hergert said at the event, the outlet reported.
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Southeast
South Carolina inmate lets lawyer choose lethal injection for execution after he was forced to pick method
A South Carolina inmate forced to choose his execution method left the decision to his lawyer, who reluctantly selected lethal injection rather than the electric chair or a firing squad.
Freddie Owens, 46, said in court papers he cannot choose his execution method because doing so would be taking an active role in his own death and, citing his Muslim faith, he believes suicide is a sin, according to The Associated Press.
Owens’ execution is set for Sept. 20 for the 1997 killing of store clerk Irene Graves during a string of robberies in Greenville, which will mark the first time South Carolina has put an inmate to death in more than 13 years after an involuntary pause in executions over struggles in recent years obtaining lethal injection drugs.
His attorney, Attorney Emily Paavola, sent the form to prison officials on Friday telling them to prepare to kill Owens by lethal injection. She also released a statement saying she remains unsure if prison officials have released enough information about the drug used in this method to ensure it will kill him without causing unbearable pain or agony that could rise to the level of cruel and unusual punishment.
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“I have known Mr. Owens for 15 years,” she wrote. “Under the circumstances, and in light of the information currently available to me, I made the best decision I felt I could make on his behalf. I sincerely hope that the South Carolina Department of Corrections’ assurances will hold true.”
Had Paavola not made a decision, state law mandates that Owens would have been killed by the electric chair, and he had said he did not want to die that way.
Once one of the busiest states for executions, South Carolina has not carried out the death penalty since 2011 due to trouble in recent years obtaining lethal injection drugs over pharmaceutical companies’ concerns that they would have to disclose that they had sold the drugs to state officials.
But the state legislature passed a shield law last year allowing officials to keep lethal injection drug suppliers private and the state Supreme Court ruled that the electric chair and firing squad would also be available as execution methods.
South Carolina previously used a mixture of three drugs, but will now use one drug, the sedative pentobarbital, for lethal injections in a protocol similar to that of the federal government.
Owens is one of six inmates who have exhausted their appeals seeking to avoid execution. South Carolina currently has 32 inmates on death row.
His attorneys have filed several legal motions since his execution date was set two weeks ago in which they sought to delay his death, but there have been no delays thus far.
He had requested to delay his execution, so his lawyers could argue his co-defendant lied about having a plea deal to testify against Owens in exchange for avoiding the death penalty or a life sentence. Co-defendant Steven Golden testified that Owens shot Graves in the head because she was unable to open the safe at the Greenville store 27 years ago.
“My written plea agreement said the death penalty and life without parole were still possible outcomes and there were no specific guarantees about what my sentence would be,” Golden wrote in a sworn statement last month. “That wasn’t true. We had a verbal agreement that I would not get the death penalty or life without parole.”
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Golden was sentenced to 28 years in prison after pleading guilty to a lesser charge of voluntary manslaughter, court records show.
The store had surveillance video, but it did not show the shooting clearly. Prosecutors never found the weapon used in the shooting and failed to show any scientific evidence linking Owens to the killing.
Prosecutors said the co-defendant’s testimony was supported by Owens’ confession to his mother, girlfriend and investigators.
State attorneys said concerns over lies about the plea deal and whether jurors could have been biased against Owens after seeing an electronic stun device he was wearing during trial have been handled in multiple appeals and two additional sentencing hearings that also recommended the death penalty after other judges overturned his initial punishment.
“Owens has had ample opportunity to litigate claims regarding his conviction and sentence. He is due no more,” the South Carolina Attorney General’s Office wrote in a court filing.
Owens’ lawyers are also asking for his death sentence to be set aside, at least temporarily, because he was only 19 at the time of the crime and scans show his brain was not fully developed. The lawyers also said a jury was never asked to determine if Owens alone killed the clerk and argued his sentence is too harsh because less than 1% of murder convictions over an armed robbery result in death sentences.
He also sought to delay his execution by arguing the state failed to release enough information about the drug used for lethal injections.
The state Supreme Court said when upholding the new shield law that prison officials had to give a sworn statement that the pentobarbital set to be used under the state’s new lethal injection method is stable, pure and potent enough to kill an inmate.
Corrections Director Bryan Stirling said technicians at the State Law Enforcement Division laboratory tested two vials of the sedative and assured him the drugs are adequate, but released no other details.
Owens’ lawyers asked for more information, including the full report from the lab, the expiration date of the likely compounded drug and how it would be stored, citing a photo of a syringe of an execution drug from 2015 in Georgia that crystalized because it was stored too cold.
The South Carolina Supreme Court ruled Thursday that prison officials had released enough information.
The only way for Owens to avoid execution at this point is for the governor to grant clemency and reduce his death sentence to life in prison. But no governor has done that in the state’s 43 executions since the death penalty was restarted in the U.S. in 1976.
Republican Gov. Henry McMaster has said he will follow longtime tradition and not announce his decision until prison officials make a call from the death chamber just moments before the execution is set to be carried out.
The Associated Press contributed to this report.
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