Litigation filed last week by the Republican National Committee alleges a memo sent by the North Carolina's State Board of Elections to county boards of elections instructing them on absentee-by-mail balloting conflicts with state law.
"State law is clear in this matter and it is unfortunate that Director Bell is acting beyond her authority," state party Chairman Jason Simmons said of Elections Board Executive Director Karen Brinson Bell, said in a statement about the complaint filed Tuesday.
Four statute references are named that require "An absentee ballot must be received by the proper county board of elections in a sealed envelope for the ballot to be counted."
Plaintiffs say the memo "Advises county boards of elections that an absentee ballot may be counted even if it is not submitted in a sealed container-return envelope."
A declaratory ruling to the board was rejected prior to the lawsuit being filed, the litigation says.
Defendants are the board as a whole, each member in their board capacity, and Bell.
Since July 22, the state board has been litigated because of decisions related to ballot access involving the Justice For All Party, and the We The People Party; voter roll maintenance twice; and freedom of speech involving John F. Kennedy Jr..
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