TALKING POINTS UPDATE: Gov. Cooper Attempts Elections “Sue-and-Settle” Scam with his Own Campaign Lawyer

Fake lawsuit is a brazen, broad-daylight heist of N.C elections law
 
  • Gov. Cooper and AG Stein are trying to pull a “sue-and-settle” scam with Roy Cooper’s former elections lawyer, Marc Elias.

 
  • State courts, federal courts, administrative boards, and the legislature, all rejected their efforts to weaken elections law.
 
  • So the State Board of Elections was “sued” by Gov. Cooper’s former elections lawyer – so they could “settle” this scam.  
 
  • The “plaintiffs” are a Democratic front group. Josh Stein was the keynote speaker at their 2018 convention – on elections law.
  • The scam settlement goes well beyond the bounds of what the State Board of Elections even purported to authorize.
 
  • The scam settlement would eliminate a witness signature requirement for absentee ballots that was upheld by courts.
 
  • The scam doesn’t try to change regulations or rules – it tries to unilaterally rewrite state laws already upheld by the courts.
 
  • This is not a judicial decision on the merits that lawmakers could appeal or debate, even though we are parties to the case. 
 
  • This is a “sue-and-settle” scam where instead of a case, the Board of Elections just agrees to whatever Democrat lawyers want.
 
  • North Carolina Democrats are attempting a brazen heist in broad daylight out of sheer desperation to win the 2020 election.
 
  • General Assembly leaders are defendants in this case, but were never consulted on the scam agreement. 
 
  • Republican members of the board resigned in protest. 
 
  • Meeting documents show the board was at best confused, and at worst misleading, about the details of the settlement.
 
  • The motion taken by the board to authorize the settlement not only doesn’t match the settlement details – they contradict.
 
  • Now AG Josh Stein has released a false “fact sheet” claiming “these proposed actions comply with a federal court order.” 
 
  • In fact, the federal court required the witness signature remain in place – but the consent agreement guts the requirement.
 
  • So the “fact sheet” posted by Josh Stein today is itself misleading, and at worst deceptive.
 
  • Meeting minutes released by the Board of Elections show staff emphasizing the witness signature requirement must remain law.
 
  • But the “consent agreement” would allow unwitnessed ballots to be accepted and counted. No wonder the members were confused. 
 
  • The meeting documents released by the Board of Elections verify the resigning members’ claims of confusion and deception. 
 
  • Collusive settlement agreements like this are a problem throughout the law and are generally prohibited by courts. 
 
  • It is vital to have public confidence in our elections today in North Carolina, and the United States. 
 
  • Free and fair elections demand we set aside partisan politics and honor our nation’s founding principles.
 
  • To prepare for our role as the #1 battleground state, we built one of the most accessible elections systems in the U.S.
 
  • North Carolina is the first state to vote, has three weeks of early voting, and “no-excuse needed” absentee ballots.
 
  • Over 100,000 North Carolinians have already cast their vote. 
 
  • This year, the legislature passed more elections funding and reforms in the Bipartisan Elections Act of 2020.
 
  • To address poll worker shortages, we increased their pay and funding to fill those positions.   
 
  • We reformed our absentee ballot laws, funded new online portals, and sent grants to local boards to help with operations.
 
  • We rose to the challenge of being THE battleground state.
 
  • Improving our elections builds confidence in our democracy.  
 
  • Due process – the basic rule of law – is critical to that confidence. 
 
  • That confidence was betrayed by this action.
 
  • There is no excuse for this type of lawless action by the Governor. 
 
  • When Americans want fair elections, what could be worse? 
 
  • In May, the Rules Review Commission rejected the Board of Elections’ efforts to weaken these laws. 
 
  • So their proposals were rejected by the administrative process.
 
  • Now the Governor is suing to disband the Rules Review Commission, which we have had in place since 1986.  
 
  • A three-judge panel upheld the witness requirement this month. 
 
  • A federal judge also upheld most of the election issues involved in this so-called settlement, including the witness requirement.
 
  • So they were rejected by the judicial process. 
 
  • If this so-called “consent agreement” were a real judicial order based on the merits, we could debate that decision, and appeal.
 
 
  • But that’s not what this is.
 
  • This is not a decision by a judge, or a lawmaker. 
 
  • This is a decision by Democratic Party attorneys in DC.
 
  • This is literally our elected leaders allowing one political party’s attorneys to rewrite state law as they prefer. 
 
  • This is official action without any constitutional justification.
 
  • This “sue-and-settle” scam is a disgrace to American due process.
 
  • We have honestly never heard of any other state or federal lawmakers trying this “sue-and-settle” sham.
 
  • We are seeking examples of this ever being attempted before.
 
  • Why has it never been done? It betrays their oath of office. 
 
  • The attorney for the “plaintiffs,” Marc Elias, was Cooper’s attorney during his contested recount with Gov. McCrory.
 
  • Josh Stein was the keynote speaker at the “North Carolina Alliance for Retired Americans Annual Convention” in 2018.   
 
  • That event was held here in Raleigh. Guess what the topic was?Elections.
 
  • This brazen attempt to circumvent every conceivable due process in our state government is the act of a desperate party.
 
  • Knowing their radical agenda will be rejected by North Carolina voters who want jobs and safety, Democrats hatched this plan.
 
  • Our state courts are not a forum for fake lawmaking.
 
  • We are confident the federal courts will agree.
 
  • This is the act of a Governor who has not stood in a room and taken questions from press like this in six months.
 
  • We are here, we hold these regularly, you can talk to us.
 
  • We were accessible throughout the legislative session. 
 
  • This consent agreement must be withdrawn, and Governor Cooper should answer for it at a press conference with real live questions.
 
 
What does the consent agreement do? 
 
  • Rewriting the statutory deadline for the receipt of absentee ballots from 2 days after the election to 9 days after the election.
 
  •  Note: The State Board of Elections cannot unilaterally rewrite specific details of state law.
 
  • This was rejected by the Rules Review Commission.
 
  • Subverting the absentee ballot witness requirement agreed to in the Bipartisan Elections Act of 2020.
 
  • The press release from the state board claims that the witness requirement is in place—that is a lie.
 
  • An unwitnessed ballot will now be counted, in direct contravention of state law, if the purported voter just fills out a piece of paper.
 
  • ·    Witness requirements helped detect the 9th Congressional District election fraud and now that tool is gone.
 
  • Rewriting the statutory definition of “postmark” to allow for more ballots to be counted
 
  • Note: The State Board of Elections cannot unilaterally rewrite specific provisions of state law.
 
  • Now, we could be waiting for weeks for the election to be settled.
 
  • Weakening protections against ballot harvesting
 
  • If a ballot is dropped off illegally by a harvester, all the state board is going to do is take their name and address, effectively looking the other way.
 
  • If a ballot is found in an unsecured area without any interaction with the state board, that is going to be ignored as well and that ballot is going to count.
 
  • This is open invitation to fraud.
 
 
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