The Saga of Jay DeLancy’s Amicus Brief
April 15, 2025 – The NC Supreme Court overruled the Appellate court’s opinion, based on an embarrassingly vacuous strawman argument that completely ignored the question of the voter-list maintenance mailings for 65,000 voters who had never provided the correct NCDL or SSN-4 information in their registrations. I’ll have more to report on this later, but the case currently is headed for federal district court.
April 4, 2025 – By a 2-1 margin, the NC Court of Appeals adopted a HUGE part of the VIP remedy we laid out in our Amicus brief, today, by ordering the NCSBE and County Boards of Election to contact around 60,000 voters whose registrations did not include either a driver license number or the last four of their Social Security Number, as is required in federal law.
The court chose our remedy over the drastic measures offered by both the Riggs and the Griffin teams, which shouldn’t surprise anybody, since ours was the only solution that did not involved disenfranchising 60,000 voters without giving them the chance to correct their registrations.
We especially loved this gem the court used in justifying our costly and time-consuming plan: “the Board and the county boards did not comply with their statutory obligations to notify these voters who have ‘provide[d] enough information on the form to enable the county board to identify and contact the voter” of the information defect in their registrations.'”
In December of 2023, the State Board voted not to do their job when Carol Snow, a private citizen, had the temerity to demand they correct more than 200,000 similarly illegal registrations.
Instead of admitting Snow was right, Agency Counsel Paul Cox “lawyer splained” to their governing board why they could blow off her plea… and they bought it.
Now, they’re paying the price.
So should Mister Cox.
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[Update: Early March 20, the three-judge panel officially denied our motion to participate in oral arguments.]
March 19, 2025 Update:
I’ve recently filed an Amicus brief in the lawsuit between Jefferson Griffin and Allison Riggs, over the outcome of their election. There’s much I could say about this, but it’s best to go minimalist until my “day in court” is officially complete.
Earlier today, the NC Court of Appeals “accepted” my Amicus brief, offering a third option for the obvious problems in their legal actions.
It came down somewhere between the two options on the table, but siding with both parties in part.
Griffin’s side is right in protesting the fact that NCSBE had flaunted–if not ignored–both state and federal law, by not being proactive in requiring all voters to provide an NCDL# in their voter registrations, Then, if the voter didn’t have an NCDL number, then they would provide the last four digits of their Social Security Number.
Only when they lacked either of those vital pieces of personally identifying information (PII) should they accept the application. But instead, the NCSBE was treating those PII as “optional” and not bothering to collect it.
To us, this seemed like a violation of both state and federal law and I protested the election.
My protest had some minor little process errors in it and elections officials seized on those errors to reject my protest without ever considering it.
Today, the suggestion was admitted into the case and the parties in the case have been made aware of it.
The bottom line in our plea is that, rather than throw out all of the 60,000 voters whose registrations did not contain the required PII, force the SBE to conduct an NVRA-compliant mailing that will require each of those voters to provide the information.
That process will take about 60 days, but in the end, they would only eject the ballots from voters who either failed to comply with the mailing or who freely admitted that they were not US citizens and should be removed from the rolls.
Wait… what do noncitizens have to do with this, you might ask. The answer to that is spelled out in by best Amazon seller, Aliens Among US. It covers 12+ years of work, but it’s a great primer on the status of non-citizen voting in NC and beyond.
I’m not going to restate everything we’ve been doing on this case tonight (just because our website if finally working), but will point you to a few links that will fill in some of the missing pieces.
The hearing is set for Friday at 10:00 AM. I’ve applied to participate in oral arguments, but that’s not yet decided. I’ll update this page with a link to the hearing. I hear it will be aired on YouTube.
Overall, it’s a good day!
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Great Carolina Journal article explaining more of the details.
My Amicus brief on the matter.
Link to Aliens Among US.