The State Board of Elections on Friday released the minutes and attorney-client documents of a closed-session meeting held Sept. 15 in which the board unanimously approved a legal settlement relaxing some vote-by-mail requirements.

The unusual step, approved unanimously in a brief open meeting, was meant to counter accusations by Republican leaders that Democrats and attorneys for the board misled, misinformed or deceived two former Republican board members about what the settlement would do.

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Those members, Ken Raymond and David Black, abruptly resigned Wednesday evening, more than a week after voting to approve the settlement. Their letters of resignation were submitted after state GOP leaders denounced the deal.

Raymond claimed in his letter that he had been misled about the legal precedents for the settlement, while Black said he had not fully understood its ramifications.

On Thursday, North Carolina Republican Party Chairman Michael Whatley accused Democrats on the board of "deceit," "bullying" and "collusion."

After Friday morning's vote to release the meeting minutes, a memo from the Attorney General's Office and the board counsel's memo, Chairman Damon Circosta read a statement explaining the move.

"The public has a right to know what happened during this closed session and about the contents of the documents provided to all the members," Circosta said. "Any assertion that a member was misled or not fully apprised of the issues at hand is incorrect."

The settlement calls for the following changes:

  • A voter could "cure" an absentee ballot found to be faulty for lack of a required witness signature with an affidavit rather than casting another ballot with a signature.
    • Voters could hand-deliver their absentee ballots to county elections offices by putting them into a dropbox there without having to sign a logbook. The box would have to be staffed, but if a ballot is dropped off when no one is there, the ballot couldn't be discarded for that reason alone.
      • Absentee ballots could be accepted if they are postmarked by Election Day and received by officials by Nov. 12. The current deadline to receive such votes is Nov. 6.

        Republicans contend the settlement allows far more leeway than the documents represented to the members.

        "There is no constitutional justification for it," House Speaker Tim Moore said of the settlement. "It's unbelievable to think that this is something that they're really trying to do with a straight face."

        Moore, R-Cleveland, and Senate President Pro Tem Phil Berger said the changes will increase the potential for fraud, which could lead to election results being thrown out.

        "An election that is fairly and legally conducted, the results will be accepted," said Berger, R-Rockingham. "Elections that are tainted by fraud, elections that are tainted by inappropriate action by the Board of Elections will be met with whatever resources can be brought to bear to challenge that."

        "North Carolinians right now are essentially – right before our eyes – being mugged of their right to vote this year by the Democrats," Moore said. "They should be ashamed. We believe the courts will find that this is not proper and will side with us."

        Attorney General Josh Stein, a Democrat, also released information about what the settlement will and won't do.

        "These Republican leaders are lying about the consent decree to create mistrust in our elections. That’s disgraceful and un-American," Stein said.

        Austin Cook, a spokesman for the North Carolina Democratic Party, said Republicans are following the president's lead in trying to undermine trust in the election process.

        "This is a power grab. It’s a last-minute, desperate attempt to cling to power," Cook said. "It's really disappointing and kind of shocking that they would resort to lies and scare tactics and really trying to shake people’s faith in the process."

        The settlement still must be approved by a judge, and a hearing is set for next Friday. President Donald Trump's campaign and national GOP groups have asked to intervene in the lawsuit to block the deal.

        To fill Black's seat, the state GOP nominated Jeannette Doran, president and general counsel of the North Carolina Institute for Constitutional Law in Raleigh; Stacy Clyde "Four" Eggers IV, a lawyer in Boone who served on the state elections board in 2018; and James Carlton "Carr" McLamb Jr., chief operating officer and general counsel for Bailey-based Envirolink, who previously served as assistant general counsel and deputy director of legislative affairs at what is now the state Department of Environmental Quality and as deputy secretary and general counsel at the state Department of Transportation.

        To fill Raymond's seat, the GOP nominated former state Sens. Tommy Tucker of Union County and Trudy Wade of Guilford County, along with Donald van der Vaart, former secretary of what's now the Department of Environmental Quality.

        Gov. Roy Cooper must pick from the nominations to fill the two seats.