Voter Integrity Project Sues Wake BOE in Federal Court

(RALEIGH) — July 18, 2016. Today, the Voter Integrity Project, filed a federal lawsuit, against the Wake County Board of Elections alleging their office failed to properly maintain the voter rolls, by not using all available government records to keep their voter rolls clear of non-US citizens.

“We’ve been trying to learn why 104 percent of eligible Wake County citizens are able to vote in our elections,” said Jay DeLancy, Director of Voter Integrity Project, “but instead of working together to find solutions, the Board ignored our requests and denied the validity of our research.”

Section 8 of the National Voter Registration Act (NVRA or “Motor Voter”) requires the Wake BOE to make available for public inspection “all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters.” 52 U.S.C. § 20507(i)

“In 2012, we identified a best practice by Glenda Clendenin, Director of Moore County’s BOE, for regularly exchanging information with their Register of Deeds,” said DeLancy. “This validated an interagency crosscheck step for voter list maintenance.”

The North Carolina Court system draws their prospective jury list from both the voter rolls and from DMV records and then mails notification letters to large batches of potential jurors. Many of those jurors are disqualified from serving for one of four reasons:

  1. They no longer live in Wake County,
  2. They are still felon whose voting rights are not yet restored,
  3. They are not a US citizen,

    J. Christian Adams (L) and Jay DeLancy (R)           at a Federalist Society Luncheon in 2014

  4. They cannot speak English.
  5. They were legally declared mentally incompetent.

“The Courts, spend taxpayer money in their jury
summon mailings and the first three of those reasons people get disqualified would also impact our voter rolls” DeLancy said. “It appears that Wake BOE is failing to use this valuable information.”


The Voter Integrity Project is represented by the Public Interest Legal Foundation (PILF), a 501(c)(3) public interest law firm dedicated to election integrity, founded by former Department of Justice Attorney, J. Christian Adams. VIP’s local council is John Branch of Shanahan Law Group.



Public Interest Legal Foundation Press Release

Complaint – FILED

Exhibit A – Final Declaration

Exhibit B – Notice Letter and Delivery Receipts

Media inquiries: media@publicinterestlegal.org.