Nov 7, 2022 (Sanford, NC) North Carolina’s State Board of Elections (NCSBE) Director Karen Brinson “Bartlett” Bell, has clearly telegraphed her intent to have Chief Judges assign poll observers to a seat and require them to flag down the Chief Judge any time they want to exercise their civil rights, but the trained fleas at NC Republican Party HQ seem okay with Bell’s draconian measures and that puts poll observers in a dangerous position.
This post will help guide you through any resultant chaos while offering some protective measures.
First, Bell’s opposition has been covered on this site ad nauseum, so there’s no need to repeat myself. Just click here for proof of her pre-primary salvo.
NCGOP Election Attorney, Philip Thomas
When advised, during October’s early-voting period, that Bell’s minions were pushing this illegal tactic all across the state, Philip Thomas, the NC Republican Party’s top election attorney simply lawyer-splained Bell’s illegal restrictions and concluded, “I don’t see an issue with that guidance.”
In a text message, I warned Philip, “Besides it violating [NC law] §163-45(c), it sets the observer up as the person having to request movement every time they want to visit the helpdesk. This could be disruptive just by asking so many times and then it gets the observer kicked out.”
Thomas, the full-time staff attorney the NC Republican Party, never responded to my final plea. Lesson: Don’t count on the NCGOP legal staff to have your back if a Chief Judge decides to trample on your federally protected civil rights.
Instead, take these prudent measures:
How to fight tyrannical Poll Judges
First…Above all things, remain calm. Do not let your emotions take control of your actions or you will deeply regret it. I posted a detailed video explaining how to manage this risk (linked here). The key is deep breathing.
Second… know your rights. Provided the observer doesn’t violate anybody’s civil rights, NC poll observer statute (§163-45(c)) clearly allows poll observers ““to make such observation and take such notes as the observer may desire.” And federal Civil Rights law (18 US Code 245) can impose a hefty fine, imprisonment for up to one year… or both… for anyone who, “not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with . . . any person . . . acting as a poll watcher.”
Third… know your remedy. If you can keep calm and carefully document (with this form) the abuse any poll judges or voters inflict upon you, it may serve as actionable evidence for any potential class action lawsuits filed against any Klan-like miscreants or even the NCSBE if they insist on enforcing this blatant violation of your civil rights.
It is critical that you remain calm and collect the names of poll officials who abuse or intimidate you, along with any witnesses to the action.
Quick War Story
Just a few days ago, we received multiple reports of a voter screaming at two poll observers while inside the voting enclosure. The poorly trained election officials were too dull witted to intervene and they failed to act on behalf of the poll observers. They also didn’t bother detaining the perp.
When they got around to file an incident report, they conveniently made excuses for not providing the voter’s name.
(We can be sure that, had the roles been reversed, they would have taken swift action and called the Sheriff.)
Meanwhile, the observers were too rattled to realize they should obtain said voter’s name.
Our internationally recognized training for poll observers covered lots of real-world scenarios, but this was a new one.
In the end, the screaming snowflake got away with it . . . this time.
In conclusion, remain calm and document the crime.
Your measured response should be as easy as one-two-three.
Just print off these three documents and take them with you on Election Day.
This advice goes both to any party-designated poll observers or to any general members of the public wanting to observe either the opening (a right protected under this law) or closing (a right protected under this law) procedures at their local polling precinct:
Incident Report-NC (print several copies of this one)
NC poll observer statute (§163-45(c))
18 US Code 245
Despite what any servile attorneys may claim, the law is clearly on your side.
Godspeed, good luck, . . . and try to stay out of jail. Our children’s freedom depends on citizens like you.
