VIP Files NVRA Notice to Wake BOE

Apr 11, 2016 (RALEIGH) — The Voter Integrity Project, today notified the Wake County Board of Elections that, their office appears to be violation of Section 8 of the National Voter Registration Act (NVRA) based on research suggesting Wake county has significantly more voters on the registration rolls than it has eligible living citizen voters.

The letter was also sent via certified mail.

“Voter rolls across America contain substantial numbers of ineligible voters,” said Jay DeLancy, Director of VIP, “and this results in the possible disenfranchisement of legally eligible voters by diluting the value of their ballot and this threatens the integrity of our electoral process.”

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BOE stamped the letter as “Received,” by BOE Monday.  For complete letter, click here.

A portion of VIP’s notification letter read as follows:

“This letter serves as the statutory notice to Wake County, required by 52 U.S.C. § 20510(b) prior to the commencement of any lawsuit in order to enforce provisions of Section 8 of the NVRA, 52 U.S.C. § 20507.

“It is our hope that your county will work quickly towards full compliance with 52 U.S.C. § 20507. If not, according to the federal statute, a lawsuit under the NVRA may be filed twenty (20) days after the receipt of this notice by a private party since the NVRA contains a private right of action to enforce the provisions of the statute. For any lawsuits initiated by a private party, an award of attorney’s fees, expenses and costs incurred are available under 52 U.S.C. §20510(c).


VIP was eventually able to brow beat the Raleigh N&O into running a correction, after they had erroneously claimed that none of our challenged voters were removed. They WERE removed and were referred to ICE for criminal prosecution.

“The National Voter Registration Act, requires local governments to ensure that accurate and current voter registration rolls are maintained,” DeLancy said, “and we would like to help Wake County’s election officials perform this duty more efficiently.”

The group also requested public information from the Wake County Clerk of Courts (see link at bottom of post) that would reveal the names of voters who were more recently disqualified from jury duty by claiming they were not US citizens.


This most recent request for public information was for data that had been provided to VIP as recent as in 2012.

In 2012, DeLancy, challenged 553 Wake County voters, whom his group found had disqualified themselves from jury duty by claiming they were not US citizens, but the Board rejected the group’s evidence and dismissed the challenges before they later referred 11 of the voters for prosecution by Immigration and Customs Enforcement.

“We knew Wake County’s voter rolls were poorly maintained, but didn’t know what to do about it,” he said. “Now, we’re hoping to help the BOE fix the problem.”

After VIP filed the challenges, the NC Administrative Office of the Courts (AOC) devised a way to block further requests from VIP and instructed their Clerks of Courts on how to to deny VIP’s access to future requests.

VIP’s DeLancy met with the AOC Deputy Legal Counsel, Pamela W. Best, who denied VIP’s access by grouping the “disqualified” jurors (defined in NCGS § 9-3) under the security procedures for each “qualified person selected for the list” (defined in NCGS § 9-4(a)).

“We disagreed with their legal interpretation and exchanged email to that effect,” DeLancy said, “but their terse response was loud and clear. The top office for North Carolina’s lawyers and judges says ‘no.'”


To see a PDF version of the BOE notice we gave to the BOE, please click here.

To see the PDF version of the Clerk of Courts request for public information, please click here.