Nice Win for Freedom . . .

BUT at best it will only expose the non-citizen voting problem. Fixing it is the job of our elected “leaders.”

May 12, 2021 (Alexandria, VA) . . . Yesterday, Public Interest Legal Foundation (PILF) won major appeals court ruling in a nearly two-year legal fignt against the North Carolina State Board of Elections who was trying to hide certain internal non-citizen voting information from public view.

“North Carolina had tried to prevent the public from inspecting records related to noncitizens registering and voting in our elections,” said PILF President J. Christian Adams. “Federal law presumes that election records are public. The Fourth Circuit vacated the lower court’s dismissal of the case.  This is an important win because it means that the public’s right to know about election vulnerabilities has been vindicated.”

Adams has represented VIP in two federal lawsuits, one of which, over at-large observers, is still pending.

Among other things at issue, were SBE records of registered voters who had requested their own removal after learning that a state agency had misapplied federal law and added them to the voter rolls.

Exactly how many are voting without identifying themselves as noncitizens is something the SBE openly claimed they have no way of detecting and removing non-citizen voters from the rolls.

Voter Integrity Project first exposed how to detect the problem through public court records of people who were disqualified from jury duty. After they signed court documents, claiming they were not US citizens, VIP found hundreds who were voting. (The entire saga was documented on a prior VIP web platform and can be accessed here.)

In 2016, Voter Integrity Project highlighted the problem again with the example of Damien Omar Sullivan, a Jamaican citizen who was registered by a state-government bureaucrat and he innocently began voting.

“We suspect it was DMV, but it could have been the DHHS who gave Mr. Sullivan some sort of public benefit and then asked if he wanted to vote,” said Jay DeLancy, Director of VIP. “He was only indicted after he asked election officials for a copy of his voting records in order to bolster his application for citizenship.”

Moore County the Director of Elections, Glenda Clendenin said she “came out of her office” after hearing his conversation with an assistant registrar. She then referred the case to DA, Maureen Krueger, whose office botched the case and Sullivan was acquitted.

The prosecution hinged on criminal intent and Sullivan’s presumed innocence, but Krueger’s office avoided proving that aspect of the case by never issuing a subpoena to Director Clendenin.

She showed VIP her evidence that Sullivan had lied about his citizenship status on two subsequent forms he signed when updating his records and that information would have pointed to his knowingly voting when it was against the law.

“After we first exposed the non-citizen voting problem, state officials and a veto-proof Republican legislature all made sure we would never see those records again,” DeLancy said. “Hopefully the PILF victory will pierce the veil that hides such malfeasance from the public eye.”

No word yet on an appeal by SBE.