1 00:00:04,879 --> 00:00:05,599 Speaker 1: What's going on. 2 00:00:05,759 --> 00:00:08,119 Speaker 2: Thank you so much for listening to this podcast. It 3 00:00:08,240 --> 00:00:10,080 is heard live every day from noon to three on 4 00:00:10,240 --> 00:00:13,839 WBT Radio in Charlotte. And if you want exclusive content 5 00:00:14,000 --> 00:00:17,160 like invitations to events, the weekly live stream, my daily 6 00:00:17,199 --> 00:00:19,480 show prep with all the links, become a patron, go 7 00:00:19,559 --> 00:00:23,399 to dpeakclendarshow dot com. Make sure you hit the subscribe button. 8 00:00:23,440 --> 00:00:26,320 Get every episode for free right to your smartphone or tablet. 9 00:00:26,359 --> 00:00:29,559 And again, thank you so much for your support. So 10 00:00:29,879 --> 00:00:33,439 I mentioned this topic briefly when we were talking to 11 00:00:33,479 --> 00:00:36,759 Ap Dylan from the North State Journal in the first hour, 12 00:00:37,560 --> 00:00:40,679 and so we're going to spend some time on it 13 00:00:40,920 --> 00:00:45,280 this hour. Which is the never ending race for our 14 00:00:45,640 --> 00:00:49,320 state Supreme Court seat. It's been contested. I think we 15 00:00:49,359 --> 00:00:53,159 are now, like I think I saw Center Square reported, 16 00:00:53,200 --> 00:00:55,759 I think it's like one hundred and fifty one days 17 00:00:55,799 --> 00:01:00,600 since the election and there's still no decline aired winner 18 00:01:01,119 --> 00:01:04,719 because of the lawsuits that have been bouncing all around. 19 00:01:05,599 --> 00:01:08,319 And we had a ruling on Friday from a three 20 00:01:08,439 --> 00:01:15,359 judge panel of Pellate Court judges, two Republicans, one Democrat, 21 00:01:16,040 --> 00:01:20,200 and the Republicans weighed in in favor of the Republican 22 00:01:21,599 --> 00:01:27,319 candidate Jefferson Griffin and the Democrat dissenting in the opinion 23 00:01:28,560 --> 00:01:31,840 and weighing in in favor of Alison Riggs, the incumbent 24 00:01:31,959 --> 00:01:36,920 state Supreme Court justice, also a Democrat. So here's how 25 00:01:37,000 --> 00:01:40,280 Kyle ing Gramover at the Charlotte Observer reported it. In 26 00:01:40,319 --> 00:01:42,719 a split decision, a panel of judges on the North 27 00:01:42,760 --> 00:01:45,840 Carolina Court of Appeals ruled Friday that tens of thousands 28 00:01:45,879 --> 00:01:49,599 of votes cast in the contested twenty twenty four Supreme 29 00:01:49,640 --> 00:01:55,040 Court race should be recounted and verified, potentially flipping the 30 00:01:55,120 --> 00:01:59,319 election results, which we actually don't know if it would 31 00:01:59,359 --> 00:02:05,640 flip the result or not. We we don't because if 32 00:02:05,760 --> 00:02:09,520 they you're going to hear the word cure, which just 33 00:02:09,560 --> 00:02:13,400 means fix. They have to that people if you go 34 00:02:13,439 --> 00:02:16,159 in and cast a provisional ballot, for example, right you 35 00:02:16,199 --> 00:02:18,280 show up to vote and they're like, oh, you're not 36 00:02:18,319 --> 00:02:20,759 on our list, Like, well, I should be on the list. 37 00:02:21,240 --> 00:02:23,800 They're like, okay, well, here's a provisional ballot. You fill 38 00:02:23,800 --> 00:02:30,800 it out, and then we we verify that it's actually you. You 39 00:02:30,719 --> 00:02:33,520 were supposed to vote in this correct precinct, or maybe 40 00:02:33,560 --> 00:02:36,360 you didn't have your ID so you got like you 41 00:02:36,439 --> 00:02:38,159 got like a week or something. I forget what the 42 00:02:38,240 --> 00:02:39,960 period is, but you have like a week or so 43 00:02:40,080 --> 00:02:42,759 to come in and show your ID at the Board 44 00:02:42,800 --> 00:02:47,680 of Elections and then that cures the deficiency that you 45 00:02:47,759 --> 00:02:51,039 had that forced you to vote a provisional ballot. Okay, 46 00:02:51,080 --> 00:02:53,560 So when you hear the word cure, that's what they're 47 00:02:53,599 --> 00:02:58,000 talking about. That these sixty thousand plus voters who have 48 00:02:58,120 --> 00:03:04,960 problems with their registration and well they're going to get 49 00:03:05,000 --> 00:03:09,159 according to this ruling, they're going to get fifteen business days, 50 00:03:09,319 --> 00:03:13,319 so essentially three weeks right Monday through Friday, they're going 51 00:03:13,360 --> 00:03:17,840 to get fifteen business days to cure the problems with 52 00:03:17,919 --> 00:03:22,280 their registration. Now, a lot of people may not do that. 53 00:03:23,319 --> 00:03:24,800 They may not take the time to go to the 54 00:03:24,840 --> 00:03:27,759 Board of Elections or whatever. You know, they're not going 55 00:03:27,800 --> 00:03:30,520 to take the steps to cure the ballot, in which 56 00:03:30,560 --> 00:03:33,199 case then the vote would be thrown out. 57 00:03:33,360 --> 00:03:35,800 Speaker 1: That's the idea. So that could. 58 00:03:37,759 --> 00:03:42,199 Speaker 2: Turn the election because the election was only won by 59 00:03:42,240 --> 00:03:46,439 Alison Riggs, the incumbent Democrat, by like seven hundred and 60 00:03:46,439 --> 00:03:51,360 thirty four votes. So if you're able to toss out 61 00:03:51,719 --> 00:03:54,919 you know, a thousand of the sixty thousand and they 62 00:03:54,919 --> 00:03:57,719 were all for her, then yeah, you could conceivably flip 63 00:03:57,800 --> 00:04:03,840 this race. So there are three main areas. The Never residents, 64 00:04:03,840 --> 00:04:10,360 which I've talked about before, the sixty thousand voters challenged 65 00:04:10,439 --> 00:04:15,719 because of deficiencies in their registration forms, and then the 66 00:04:15,840 --> 00:04:20,680 lack of a photo ID for military, and overseas ballots 67 00:04:21,120 --> 00:04:24,879 that came in. And I've got the breakdown here someplace 68 00:04:25,120 --> 00:04:31,360 of the numbers of ballots that we're talking about someplace, well. 69 00:04:31,199 --> 00:04:31,759 Speaker 1: I'll find it. 70 00:04:31,959 --> 00:04:36,279 Speaker 2: It doesn't matter, So back to the Charlotte Observer story, 71 00:04:36,360 --> 00:04:40,399 because like these the overseas ballot one is like a 72 00:04:40,480 --> 00:04:44,319 thousand or twelve hundred, I want to say, and then 73 00:04:43,160 --> 00:04:47,800 the never residence it's fewer. I think it's like two 74 00:04:47,920 --> 00:04:50,040 hundred or something. I forget what the exact breakdown is. 75 00:04:50,079 --> 00:04:56,199 But the biggest, the biggest chunk is the sixty thousand 76 00:04:56,279 --> 00:05:00,800 plus voters who had their eligibility challenged Byjefferson Griffin, the 77 00:05:00,839 --> 00:05:04,199 Republican who is a sitting member of the Court of 78 00:05:04,240 --> 00:05:08,199 Appeals who he had run then for the state Supreme 79 00:05:08,240 --> 00:05:11,199 Court's and he was leading, remember he was leading on 80 00:05:11,240 --> 00:05:15,079 election night by ten thousand votes or so, and then 81 00:05:15,079 --> 00:05:18,000 when they count up all the provisional ballots in the 82 00:05:18,079 --> 00:05:24,319 days after then he loses. That's a massive shift of 83 00:05:24,360 --> 00:05:31,279 like ten to eleven thousand votes, Right Justice Allison Riggs. 84 00:05:32,360 --> 00:05:35,759 She said she would appeal the ruling. The decision on 85 00:05:35,839 --> 00:05:38,959 Friday comes nearly five months after the November election and 86 00:05:39,040 --> 00:05:42,120 is unlikely to be unlikely to be the final step 87 00:05:42,120 --> 00:05:44,920 in the contentious case, which has left North Carolina as 88 00:05:44,959 --> 00:05:47,879 the only state in the country with an uncertified state 89 00:05:47,920 --> 00:05:51,800 wide race. The ruling could be halted on appeal before 90 00:05:51,839 --> 00:05:57,279 the cure period goes into effect. So after Griffin narrowly 91 00:05:57,319 --> 00:05:59,800 lost his race two Rigs by seven hundred and thirty 92 00:05:59,800 --> 00:06:02,959 four votes, he and the North Carolina Republican Party quickly 93 00:06:03,079 --> 00:06:06,839 challenged the validity of tens of thousands of ballots on 94 00:06:07,160 --> 00:06:14,000 untested legal grounds because the state board. Here's my takeaway, 95 00:06:14,079 --> 00:06:16,360 I guess I should have said this at the outset. 96 00:06:16,480 --> 00:06:21,439 My takeaway on this the Board of Elections has royally 97 00:06:21,639 --> 00:06:26,160 screwed this up. Okay, that's the big headline for me. 98 00:06:27,160 --> 00:06:31,120 Had they been doing the job that they were supposed 99 00:06:31,120 --> 00:06:34,720 to be doing, this would not be in question. The 100 00:06:34,800 --> 00:06:39,399 sixty thousand voters who have deficiencies in their registration would 101 00:06:39,399 --> 00:06:43,680 have already been alerted to this. The rule that says, 102 00:06:43,920 --> 00:06:45,360 and this is what it comes down to. When you 103 00:06:45,759 --> 00:06:49,639 register to vote, you have to have some gov Code 104 00:06:49,759 --> 00:06:54,079 number attached to you, okay, whether it's your Social Security 105 00:06:54,160 --> 00:06:57,680 number or your driver's license okay. And if you don't 106 00:06:57,720 --> 00:07:00,879 have either of those, then the Board of Election assigns 107 00:07:01,240 --> 00:07:07,480 a number to you. And these sixty thousand voters they 108 00:07:07,519 --> 00:07:13,240 don't have them. And this was a law that goes 109 00:07:13,279 --> 00:07:17,360 back to two thousand and four. This is the Help 110 00:07:17,399 --> 00:07:22,519 America Vote Act. Have a Remember they did this after 111 00:07:22,639 --> 00:07:28,839 the Florida debacle in two thousand Bush v. Gore, right, 112 00:07:29,000 --> 00:07:31,959 like that whole scandal and the hanging chads and we 113 00:07:32,000 --> 00:07:35,560 didn't know who had won, and all of that scandal 114 00:07:35,680 --> 00:07:39,720 then turned into the have a HAVA Help America Vote 115 00:07:39,720 --> 00:07:43,040 Act in like two thousand and four, and the North 116 00:07:43,040 --> 00:07:46,879 Carolina General Assembly adopted this rule and it was signed 117 00:07:46,879 --> 00:07:52,160 by the governor, all Democrats. And yet the Board of 118 00:07:52,199 --> 00:07:56,120 Elections apparently hasn't evor complied with. 119 00:07:56,120 --> 00:07:58,720 Speaker 1: This stuff for these voters. 120 00:07:58,800 --> 00:08:01,319 Speaker 2: So you got generally speaking, it's going to be mostly 121 00:08:01,360 --> 00:08:03,680 I suspect people who have been voting in the state 122 00:08:03,759 --> 00:08:06,560 for a long time. They've been voting in election after 123 00:08:06,639 --> 00:08:10,480 election after election, never being told that their registration is 124 00:08:10,519 --> 00:08:13,319 deficient somehow, never being told they have to fix this 125 00:08:13,959 --> 00:08:16,160 when they should have been told you have to fix this. 126 00:08:17,879 --> 00:08:23,639 In Friday's decision, Judge Toby Hampson, a Democrat, dissented from 127 00:08:23,680 --> 00:08:27,399 the majority, noting that Griffin has not proven that any 128 00:08:27,519 --> 00:08:32,679 of the challenged voters are actually ineligible, because they put 129 00:08:32,720 --> 00:08:35,600 all of the burden of proof here basically on the 130 00:08:35,720 --> 00:08:39,600 challenger on Jefferson Griffin. Here's a great idea. How about 131 00:08:39,639 --> 00:08:42,879 making an escape to a really special and secluded getaway 132 00:08:42,879 --> 00:08:45,320 in western North Carolina. 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I read through 153 00:09:54,000 --> 00:10:00,399 the Court of Appeals ruling not once, not twice, but 154 00:10:00,559 --> 00:10:01,440 three times. 155 00:10:01,799 --> 00:10:02,679 Speaker 1: I read through this thing. 156 00:10:04,440 --> 00:10:08,480 Speaker 2: I read it once on the screen, and then when 157 00:10:08,519 --> 00:10:10,159 I went back to because I wasn't going to print 158 00:10:10,159 --> 00:10:12,879 out one hundred and twenty pages or whatever, it was 159 00:10:13,879 --> 00:10:16,600 one o two actually, and I know that because the 160 00:10:17,200 --> 00:10:20,759 dissenting opinion was like almost seventy pages. I'm like, this 161 00:10:20,799 --> 00:10:22,840 seems like it's more than half, and it was it 162 00:10:22,879 --> 00:10:25,159 was like sixty six pages of the one oh two 163 00:10:25,720 --> 00:10:30,399 was the dissent from one guy and the majority opinion 164 00:10:30,519 --> 00:10:34,360 from the two Republican judges that was like thirty something pages. 165 00:10:34,759 --> 00:10:40,080 So regardless, I read through it three times. I have 166 00:10:40,200 --> 00:10:44,240 highlighted only the important pieces. And I have to tell you, 167 00:10:45,080 --> 00:10:47,919 number one, the Board of Elections has really messed this 168 00:10:48,000 --> 00:10:51,360 all up. Okay, number one, but number two, some of 169 00:10:51,360 --> 00:10:55,039 these arguments that the dissenting judge, the Democrat on the 170 00:10:55,039 --> 00:10:57,440 Court of Appeals, some of the arguments that he lays 171 00:10:57,440 --> 00:11:06,679 out are persuasive. They actually are persuasive. I'm gonna explain. First, 172 00:11:07,399 --> 00:11:09,120 the case is going to go back to Wake County 173 00:11:09,120 --> 00:11:12,720 Superior Court, which had ruled against Jefferson Griffin, the Republican, 174 00:11:12,799 --> 00:11:16,840 back in February. From there, according to the Charlotte Observer, 175 00:11:16,879 --> 00:11:20,039 the trial court was instructed to direct all one hundred 176 00:11:20,120 --> 00:11:25,559 county boards of elections to quote expeditiously identify and notify 177 00:11:26,360 --> 00:11:29,480 the challenged voters. Okay, so if you were one of 178 00:11:29,480 --> 00:11:32,639 the sixty thousand plus whatever, you were supposed to be notified. 179 00:11:33,559 --> 00:11:36,519 In a statement, Pat Gannon, a spokesman for the state 180 00:11:36,559 --> 00:11:40,000 Board of Elections said that the agency will provide instructions 181 00:11:39,559 --> 00:11:44,039 to the affected voters if the court order goes into 182 00:11:44,120 --> 00:11:50,360 effect today, though there was a request for a stay 183 00:11:50,960 --> 00:11:54,159 so or to the State Supreme Court. 184 00:11:55,600 --> 00:11:56,919 Speaker 1: They went forward to the. 185 00:11:57,639 --> 00:12:01,360 Speaker 2: Democrat judge Alison Riggs, who was on the Supreme Court, 186 00:12:01,440 --> 00:12:04,399 but she's recused herself from this stuff on the Supreme Court, 187 00:12:04,480 --> 00:12:09,600 so they've asked for a stay to stop this from starting, 188 00:12:10,440 --> 00:12:12,320 because it's otherwise supposed to start I think at five 189 00:12:12,360 --> 00:12:16,080 o'clock today. He also said that the order would only 190 00:12:16,120 --> 00:12:20,360 affect voters' selections in the one race, the State Supreme 191 00:12:20,360 --> 00:12:20,879 Court race. 192 00:12:20,919 --> 00:12:21,320 Speaker 1: That's it. 193 00:12:22,320 --> 00:12:26,799 Speaker 2: No other contest on your ballot is affected except the 194 00:12:26,799 --> 00:12:31,399 one that's being litigated. However, the court's decision could be 195 00:12:31,440 --> 00:12:33,919 halted before any of that happens, as Riggs is likely 196 00:12:33,960 --> 00:12:36,159 to appeal to the State Supreme Court, as I said 197 00:12:36,200 --> 00:12:39,240 she just did, since she has recused herself from this case. 198 00:12:39,279 --> 00:12:43,559 Only six justices would hear the case, though, and if 199 00:12:43,600 --> 00:12:46,639 it were to end in a three to three deadlock. 200 00:12:48,039 --> 00:12:52,159 If that happens, then the most recent ruling of the 201 00:12:52,159 --> 00:12:57,159 lower court prevails, and that would be the one from Friday. 202 00:12:58,000 --> 00:13:02,960 From this three judge panel. Riggs has said that if 203 00:13:03,000 --> 00:13:06,000 she loses at the state court level, she does intend 204 00:13:06,120 --> 00:13:11,320 to return the case to the federal court. So we 205 00:13:11,399 --> 00:13:15,480 are not anywhere close to this thing being done. It 206 00:13:15,559 --> 00:13:18,320 is being used to fundraised not just by Riggs, but 207 00:13:18,679 --> 00:13:22,279 by Democrats all across the country. In fact, the North 208 00:13:22,320 --> 00:13:26,440 Carolina House Democrat leader Robert Reeves, Oh, this is the 209 00:13:26,440 --> 00:13:29,759 state House, I should say, but the chair of the 210 00:13:29,799 --> 00:13:32,720 Democrat National Committee has also put out a statement on it. 211 00:13:33,240 --> 00:13:36,000 But the state House guy, Robert Reeves, he said, we 212 00:13:36,080 --> 00:13:37,159 cannot mince words. 213 00:13:37,200 --> 00:13:37,799 Speaker 1: At this point. 214 00:13:37,879 --> 00:13:40,639 Speaker 2: The North Carolina Republican Party is one step closer to 215 00:13:40,840 --> 00:13:45,559 stealing an election in broad daylight, which I think that's 216 00:13:45,679 --> 00:13:52,320 kind of insurrectiony, just going by the old standards. The 217 00:13:52,320 --> 00:13:55,759 Court of Appeals ruled that the voters challenged for registration 218 00:13:55,879 --> 00:13:58,799 and ID issues would be given an opportunity to cure 219 00:13:58,879 --> 00:14:02,559 their ballots to fix them. However, they ruled this is 220 00:14:02,600 --> 00:14:06,360 the Court of Appeals. They ruled that the never residents 221 00:14:07,000 --> 00:14:10,399 who were explicitly granted voting eligibility more than a decade 222 00:14:10,440 --> 00:14:14,840 ago in a bipartisan state law, that they are ineligible 223 00:14:14,919 --> 00:14:19,759 to vote. The Elections Board spokesman Pat Gannon said that 224 00:14:19,919 --> 00:14:23,759 any voter who has concerned their registration information is incomplete 225 00:14:24,039 --> 00:14:30,559 should submit an updated voter registration form. Okay, so let 226 00:14:30,639 --> 00:14:34,519 me go over to the let me go over to 227 00:14:34,559 --> 00:14:37,639 the ruling. So this is from the majority ruling. This 228 00:14:37,679 --> 00:14:40,320 is the two Republicans. 229 00:14:40,960 --> 00:14:41,440 Speaker 1: They write. 230 00:14:41,440 --> 00:14:46,600 Speaker 2: On November nineteenth, Griffin filed six categories of election protests 231 00:14:46,720 --> 00:14:49,360 with the county boards of Elections in every one of 232 00:14:49,399 --> 00:14:54,360 North Carolina's one hundred counties. Three of the six issues 233 00:14:54,399 --> 00:14:59,159 basically are relevant to this appeal. The first is the 234 00:14:59,360 --> 00:15:03,480 incomplete voter registration, in which Griffin challenges ballots that were 235 00:15:03,519 --> 00:15:07,279 cast by voters who are not properly registered because they 236 00:15:07,360 --> 00:15:12,000 purportedly have never provided either their driver's license numbers or 237 00:15:12,080 --> 00:15:15,279 the last four digits of their Social Security numbers with 238 00:15:15,480 --> 00:15:16,360 their registration. 239 00:15:17,360 --> 00:15:18,320 Speaker 1: That's the first group. 240 00:15:18,799 --> 00:15:22,759 Speaker 2: The second category lack of photo ID for overseas voters. 241 00:15:23,039 --> 00:15:26,600 Griffin challenged ballots of certain citizens living overseas and of 242 00:15:26,639 --> 00:15:30,480 certain members of the military, their spouses and dependents, which 243 00:15:30,519 --> 00:15:34,320 were cast pursuant to state law, but failed to include 244 00:15:34,320 --> 00:15:37,960 a copy of their photo ID. But here's the thing, 245 00:15:40,399 --> 00:15:43,759 reading the statute, I don't think they actually have to. 246 00:15:44,399 --> 00:15:47,440 I think it's a separate law. This is what the 247 00:15:47,639 --> 00:15:51,120 Democrat judge pointed out. All right, So spring is here 248 00:15:51,200 --> 00:15:55,399 a time of renewal and celebrations. You've got graduations, weddings, 249 00:15:55,440 --> 00:15:58,840 anniversaries and especial days for mom and dad. Your family's 250 00:15:58,879 --> 00:16:00,840 making memories that are going to land to lifetime. But 251 00:16:00,960 --> 00:16:03,960 let me ask you, are all of those treasured moments 252 00:16:04,000 --> 00:16:06,440 from days gone by? Are they hidden away on old 253 00:16:06,519 --> 00:16:11,519 VCR tapes, eight millimeter films, photos slides? 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Located in mint Hill, just 264 00:16:46,559 --> 00:16:49,639 off four eighty five Mail orders are accepted to get 265 00:16:49,679 --> 00:16:54,039 all the details that createavideo dot com. So this is 266 00:16:54,080 --> 00:16:57,799 from the judge dissenting on the Court of Appeals three 267 00:16:57,840 --> 00:17:02,919 judge panel. He's a Democrat, but he goes over all 268 00:17:02,960 --> 00:17:06,480 of the issues that have been raised and he's you know, 269 00:17:08,119 --> 00:17:13,240 he is on board with the Democrat Alison Riggs and 270 00:17:13,279 --> 00:17:17,160 he does not think this case should be preceding any 271 00:17:17,160 --> 00:17:21,319 further or that Jefferson Griffin has made his arguments. 272 00:17:21,319 --> 00:17:21,559 Speaker 1: Well. 273 00:17:23,599 --> 00:17:28,400 Speaker 2: Regarding the overseas ballots, these are the This is the 274 00:17:28,720 --> 00:17:32,440 voter identification of you know, photo ID. When you are 275 00:17:32,559 --> 00:17:36,200 mailing absentee ballots. Now you have to have a picture 276 00:17:36,960 --> 00:17:43,440 that you send in with your ballot. Okay, Now, for 277 00:17:43,599 --> 00:17:52,799 the military people overseas, maintaining uniformity is key to accomplishing 278 00:17:52,839 --> 00:17:56,839 the stated goals of the original legislation on this it 279 00:17:56,960 --> 00:18:02,519 said quote. Without uniformed state legislation, military and overseas voters 280 00:18:02,720 --> 00:18:08,400 will continue to confront a panoply of diverging voting requirements. 281 00:18:08,960 --> 00:18:13,559 This lack of uniformity complicates any federal effort, such as 282 00:18:13,559 --> 00:18:21,640 the Uniformed and Overseas Citizens Absentee Voting Act or the UOCAVA. 283 00:18:20,079 --> 00:18:21,759 Speaker 1: Or as I call it the Yuakava. 284 00:18:23,279 --> 00:18:28,319 Speaker 2: This is meant to assist voters to overcome major obstacles 285 00:18:28,319 --> 00:18:33,519 they may face. Variations across states both complicate the procedures 286 00:18:33,559 --> 00:18:37,440 developed under the Yuakava to help overseas the military voters, 287 00:18:37,480 --> 00:18:40,599 and it makes it more difficult for consular officials, the 288 00:18:40,720 --> 00:18:45,160 US military, and non governmental voting assistance groups to give 289 00:18:45,279 --> 00:18:47,319 standard advice to all. 290 00:18:47,279 --> 00:18:49,119 Speaker 1: Of the voters living overseas. 291 00:18:51,880 --> 00:18:56,000 Speaker 2: So they created a uniform set of procedures for all 292 00:18:56,079 --> 00:18:59,799 states to adopt as a whole in order to reduce 293 00:19:00,039 --> 00:19:06,759 infusion for military members and overseas voters. The purpose of 294 00:19:06,839 --> 00:19:11,720 the Act can only be achieved through uniform state legislation. 295 00:19:12,240 --> 00:19:16,200 The General Assembly chose to participate in achieving this common 296 00:19:16,240 --> 00:19:21,440 goal by enacting the model legislation as Article twenty one A. 297 00:19:23,200 --> 00:19:29,880 That is a separate statute than your absentee balloting if 298 00:19:29,920 --> 00:19:34,079 you are not overseas. It's a different section of the 299 00:19:34,160 --> 00:19:38,880 law requiring North Carolina residents to submit photo identification when 300 00:19:38,960 --> 00:19:43,640 residents of other states that are also participating in this. 301 00:19:45,039 --> 00:19:46,640 Speaker 1: Yule Kava. 302 00:19:47,960 --> 00:19:51,720 Speaker 2: Requiring our residents to submit photo ID when other states 303 00:19:51,759 --> 00:19:57,319 don't require it creates the exact lack of uniformity the 304 00:19:57,400 --> 00:20:00,640 legislation is intended to eliminate. So, in other words, you 305 00:20:00,680 --> 00:20:04,000 have a whole bunch of states that don't require photo 306 00:20:04,039 --> 00:20:07,480 ID for their absentee ballots, and because of that, we 307 00:20:07,519 --> 00:20:14,440 shouldn't be requiring it either, because we want to have uniformity. 308 00:20:15,079 --> 00:20:18,279 But wait a minute, don't a majority of the states 309 00:20:18,319 --> 00:20:20,960 have it now have voter ID or I don't know, 310 00:20:21,000 --> 00:20:23,160 do they have it for absentee balloting. Maybe they don't 311 00:20:23,160 --> 00:20:25,720 have it for absentee balloting, maybe it's just in person. 312 00:20:27,720 --> 00:20:30,720 In accordance with this goal of creating uniformity, the General 313 00:20:30,759 --> 00:20:35,400 Assembly codified the procedures for military and overseas ballots separately 314 00:20:35,880 --> 00:20:39,759 from those for domestic absentee ballots. And when the General 315 00:20:39,799 --> 00:20:43,720 Assembly modifies one statute and not another, we do not 316 00:20:44,039 --> 00:20:47,839 infer that it intended the change to apply to both 317 00:20:47,880 --> 00:20:51,279 of the laws. That makes sense, right, you have the 318 00:20:51,319 --> 00:20:55,079 existing absentee ballot law, and then you come in with 319 00:20:55,119 --> 00:20:57,799 this other law. And then when you're changing one or 320 00:20:57,839 --> 00:21:02,039 the other, they're not applying buying the same changes to 321 00:21:02,160 --> 00:21:04,759 both at the same time. They've never said that by 322 00:21:04,839 --> 00:21:09,119 enacting two separate statutes, the legislature clearly intended that there 323 00:21:09,160 --> 00:21:13,519 would be two distinct standards. I find this to be 324 00:21:15,759 --> 00:21:22,519 This is a rational logical argument. Voters are participated in 325 00:21:22,559 --> 00:21:25,119 this election were entitled to rely on the guidance of 326 00:21:25,160 --> 00:21:28,960 the Board of Elections, even if Article twenty imposes a 327 00:21:28,960 --> 00:21:34,359 photo ID requirement on Article twenty one A voters. That's 328 00:21:34,400 --> 00:21:38,519 the other statute for overseas people. Those overseas people submitted 329 00:21:38,519 --> 00:21:41,920 their ballots in accordance with all the rules and procedures 330 00:21:42,400 --> 00:21:45,680 that they were told right the Board of Elections told 331 00:21:45,720 --> 00:21:47,759 them that this is the way that you're supposed to vote. 332 00:21:47,759 --> 00:21:50,160 And if the Board of Elections was wrong about that, 333 00:21:51,279 --> 00:21:56,559 you don't penalize the voters who were innocent and were 334 00:21:56,640 --> 00:22:00,920 following the rules that they were advised on. Assuming the 335 00:22:00,920 --> 00:22:04,359 board made a mistake in communicating those requirements, rejecting the 336 00:22:04,400 --> 00:22:07,799 ballots renders all military and overseas voters who cast their 337 00:22:07,880 --> 00:22:12,119 ballot in Guildford County disenfranchised through no fault of their own. 338 00:22:12,480 --> 00:22:15,599 It would have been effectively impossible for these citizens who 339 00:22:15,680 --> 00:22:18,960 were qualified to vote and properly registered to cast a 340 00:22:19,039 --> 00:22:23,720 valid vote because the proper procedures were not available to them. 341 00:22:24,920 --> 00:22:29,240 And then there are the never residents or the inherited residents. 342 00:22:30,240 --> 00:22:36,319 These are people who have parents working overseas, so they're 343 00:22:36,359 --> 00:22:42,960 living overseas, but they are domiciled in North Carolina. That's like, 344 00:22:43,000 --> 00:22:45,720 that's their home state. They were in North Carolina that 345 00:22:45,799 --> 00:22:48,799 they got a job transfer or whatever. They're working overseas 346 00:22:49,119 --> 00:22:51,759 and they're over there for a long time, and they 347 00:22:51,759 --> 00:22:54,480 have kids that have never been in North Carolina. And 348 00:22:54,519 --> 00:22:57,559 then those kids grow up, they turn eighteen years old, 349 00:22:58,640 --> 00:23:02,519 where do they register to vote? They are American citizens. 350 00:23:03,160 --> 00:23:06,000 Where do those kids register to vote when they turn eighteen? 351 00:23:07,680 --> 00:23:14,920 That's the question. Those are the never residents right now. 352 00:23:15,000 --> 00:23:20,200 The law says that they are assumed to be inherited 353 00:23:20,519 --> 00:23:24,519 right from their parents North Carolinians, and so they would 354 00:23:24,599 --> 00:23:27,759 register to vote at that address that their parents had 355 00:23:27,960 --> 00:23:33,480 in North Carolina. And that's who's gotten challenged here. All right, 356 00:23:33,480 --> 00:23:35,319 If you're listening to this show, you know I try 357 00:23:35,319 --> 00:23:37,119 to keep up with all sorts of current events, and 358 00:23:37,160 --> 00:23:39,200 I know you do too, And you've probably heard me 359 00:23:39,240 --> 00:23:43,480 say get your news from multiple sources. Why Well, because 360 00:23:43,480 --> 00:23:46,200 it's how you detect media bias. Which is why I've 361 00:23:46,200 --> 00:23:49,519 been so impressed with ground News. It's an app and 362 00:23:49,759 --> 00:23:52,640 it's a website and it combines news from around the 363 00:23:52,680 --> 00:23:55,359 world in one place, so you can compare coverage and 364 00:23:55,480 --> 00:23:59,279 verify information. You could check it out at check dot ground, 365 00:23:59,559 --> 00:24:02,519 dot new news slash pete. I put the link in 366 00:24:02,559 --> 00:24:05,680 the podcast description too. I started using ground News a 367 00:24:05,680 --> 00:24:08,440 few months ago and more recently chose to work with 368 00:24:08,480 --> 00:24:10,880 them as an affiliate because it lets me see clearly 369 00:24:11,200 --> 00:24:14,599 how stories get covered and by whom. The blind spot 370 00:24:14,599 --> 00:24:17,480 feature shows you which stories get ignored by the left 371 00:24:17,599 --> 00:24:21,319 and the right. See for yourself check dot ground, dot 372 00:24:21,440 --> 00:24:24,880 news slash pete. Subscribe through that link and you'll get 373 00:24:24,880 --> 00:24:28,200 fifteen percent off any subscription. I use the Vantage plan 374 00:24:28,319 --> 00:24:31,680 to get unlimited access to every feature. Your subscription then 375 00:24:31,720 --> 00:24:34,519 not only helps my podcast, but it also supports ground 376 00:24:34,599 --> 00:24:38,519 News as they make the media landscape more transparent. So 377 00:24:38,720 --> 00:24:44,720 the dissenting judge Hampson Democrat, he says, contrary to the petitioner, 378 00:24:44,759 --> 00:24:49,160 that's Jefferson Griffin, the Republican candidate for the State Court 379 00:24:49,200 --> 00:24:52,039 of Appeals, says, it is not the Board of Elections 380 00:24:52,039 --> 00:24:57,319 that has permitted inherited residents to vote in our elections. 381 00:24:57,640 --> 00:24:59,920 Speaker 1: So this is the people who have no. 382 00:25:00,240 --> 00:25:03,440 Speaker 2: Been in North Carolina have never expressed an intent to 383 00:25:03,480 --> 00:25:07,279 return to North Carolina. Because they were kids, they were 384 00:25:07,319 --> 00:25:10,519 born overseas. They are an American citizen because they're born 385 00:25:10,559 --> 00:25:13,519 to their parents who are there on work related whatever. 386 00:25:14,200 --> 00:25:19,559 And they turn eighteen, they can register to vote. Where 387 00:25:19,559 --> 00:25:23,240 do they vote? What state do they vote in? And 388 00:25:23,319 --> 00:25:29,119 so they according to our statutes, the General Assembly enacted 389 00:25:29,160 --> 00:25:34,240 the law that allows these individuals to vote in North Carolina. 390 00:25:35,359 --> 00:25:35,680 Speaker 1: Quote. 391 00:25:35,720 --> 00:25:40,319 Speaker 2: As a general rule, the domicile of every person at 392 00:25:40,359 --> 00:25:44,640 his birth is the domicile of the person on whom 393 00:25:44,680 --> 00:25:51,759 he is legally dependent. The petitioner Griffin cites no authority, 394 00:25:52,880 --> 00:25:55,559 and I know of none, says the judge in support 395 00:25:55,680 --> 00:25:59,920 of his bare assertion that a child's domicile of origin 396 00:26:00,480 --> 00:26:04,400 expires when they turn eighteen. So that's the argument. Essentially, 397 00:26:04,440 --> 00:26:09,279 the Griffin is making that if your kid your domicile 398 00:26:09,319 --> 00:26:11,799 of origin, you know, you were born in North Carolina, 399 00:26:12,000 --> 00:26:16,359 your parents then move overseas to work, that somehow or another, 400 00:26:16,480 --> 00:26:20,240 that that expires when you turn eighteen. But he offers 401 00:26:20,359 --> 00:26:26,400 no support, no evidence to justify this position. He says, 402 00:26:26,960 --> 00:26:30,480 the claim is unsupported. It is also antithetical to our 403 00:26:30,559 --> 00:26:36,359 longstanding consistent understanding of what a domicile is. He says 404 00:26:36,400 --> 00:26:39,319 one acquires a domicile of origin at birth, and that 405 00:26:39,400 --> 00:26:45,119 domicile continues until a new one is acquired. Those who 406 00:26:45,160 --> 00:26:49,519 did not obtain domicile by birth may still be domiciled 407 00:26:49,839 --> 00:26:54,920 in North Carolina by operation of law. A domicile by 408 00:26:55,039 --> 00:26:58,119 operation of law is one which the law determines or 409 00:26:58,160 --> 00:27:02,000 attributes to a person without regard to his intention or 410 00:27:02,039 --> 00:27:06,720 the place where he is actually living. The majority the 411 00:27:06,759 --> 00:27:09,960 two Republican judges on the Court of Appeals makes the 412 00:27:10,240 --> 00:27:14,759 unfounded assertion that these voters have never indicated they intend 413 00:27:14,759 --> 00:27:17,720 to live in this state. This willfully misses the point 414 00:27:18,119 --> 00:27:21,519 these voters are simply not required to make any such indication. 415 00:27:22,559 --> 00:27:26,640 The majority effectively invents a new requirement for this group 416 00:27:26,720 --> 00:27:30,240 to fit its own agenda and gives them no opportunity 417 00:27:30,559 --> 00:27:33,440 to satisfy it. The voters in this group check the 418 00:27:33,440 --> 00:27:36,279 box on a card indicating I am a US citizen 419 00:27:36,319 --> 00:27:39,480 living outside the country and I have never lived in 420 00:27:39,519 --> 00:27:43,079 the United States. That's the question they're asked on the form, 421 00:27:43,440 --> 00:27:47,279 and they checked the box. No one's asked them, do 422 00:27:47,319 --> 00:27:50,440 you intend to come back to North Carolina. It's not asked, 423 00:27:51,119 --> 00:27:53,359 So how do you know that they don't tend to return? 424 00:27:54,759 --> 00:27:58,279 No one, including the petitioner or the majority, has any 425 00:27:58,279 --> 00:28:01,720 idea whatsoever. How many of these voters would have selected 426 00:28:01,759 --> 00:28:04,480 an option indicating that they also intend to live in 427 00:28:04,519 --> 00:28:08,880 North Carolina had that question been presented, But it wasn't. 428 00:28:09,480 --> 00:28:11,799 So again, problem with the forms. 429 00:28:12,240 --> 00:28:12,440 Speaker 1: Right. 430 00:28:14,519 --> 00:28:18,759 Speaker 2: Further, the majority's perspective entirely upends our long standing precedent 431 00:28:19,119 --> 00:28:24,000 regarding domicile. Again, although an adult may not inherit domicile, 432 00:28:24,039 --> 00:28:28,680 a child clearly does, and a child retains that domicile 433 00:28:28,839 --> 00:28:33,759 until they affirmatively establish a new one. Right, So you 434 00:28:33,799 --> 00:28:36,160 turn eighteen, you registered a vote, still living at home 435 00:28:36,200 --> 00:28:39,559 with mom and dad, and your home is in the 436 00:28:39,640 --> 00:28:42,160 UK because your mom and dad work for some company 437 00:28:42,160 --> 00:28:47,000 that's got an operation there. He said, merely living somewhere 438 00:28:47,160 --> 00:28:52,279 is not enough to establish domicile. And this is true. 439 00:28:52,440 --> 00:28:57,519 This is true. For example, when I started working up 440 00:28:57,519 --> 00:29:00,880 in Asheville, I wasn't sure if that radio gig was 441 00:29:00,920 --> 00:29:03,000 going to last a long time, because you know, it's 442 00:29:03,000 --> 00:29:05,640 a radio gig, and so so I was. 443 00:29:06,279 --> 00:29:07,240 Speaker 1: I was going up there. 444 00:29:07,240 --> 00:29:10,799 Speaker 2: I rented a little apartment and I kept my voter 445 00:29:10,920 --> 00:29:15,319 registration here at the property I owned with my wife, 446 00:29:15,599 --> 00:29:18,599 and she continued to work here, and I would drive 447 00:29:18,720 --> 00:29:21,240 up on you know, Sunday night or Monday morning, I 448 00:29:21,240 --> 00:29:22,960 would do the show. I would stay in the apartment, 449 00:29:23,000 --> 00:29:25,839 and then I would drive home. So I never registered 450 00:29:25,839 --> 00:29:28,480 to vote in Asheville. I shouldn't say never, because I 451 00:29:28,480 --> 00:29:33,400 eventually did, but after we sold the house in Charlotte 452 00:29:33,519 --> 00:29:37,599 and then I got fired. But but like that's the 453 00:29:39,000 --> 00:29:40,599 that's the way you do it. It's the place you 454 00:29:40,680 --> 00:29:45,240 intend to return. And so you can reside someplace, but 455 00:29:45,440 --> 00:29:49,119 not that's not your domicile. More to the point, the 456 00:29:49,119 --> 00:29:54,440 General Assembly enacted legislation that, by its plane language, guarantees 457 00:29:54,519 --> 00:29:58,000 the right of children and dependents of North Carolinians living 458 00:29:58,000 --> 00:30:00,000 abroad to vote in our eline. 459 00:30:00,599 --> 00:30:01,599 Speaker 1: So this is state law. 460 00:30:03,319 --> 00:30:06,880 Speaker 2: So I'm glad that they hashed this thing out in 461 00:30:06,920 --> 00:30:11,000 the courts. But this seems to be pretty straightforward that 462 00:30:12,119 --> 00:30:15,000 there is a deficiency in the law and in the forms, 463 00:30:16,839 --> 00:30:19,599 and so it's going to get it's going to get appealed. 464 00:30:20,720 --> 00:30:22,680 Because this judge that I just read from, he did 465 00:30:22,680 --> 00:30:25,400 not win. That was the dissenting opinion. And then there 466 00:30:25,519 --> 00:30:28,960 was the big issue for like the sixty thousand people, 467 00:30:29,480 --> 00:30:33,119 was whether or not they were notified. There was a 468 00:30:33,160 --> 00:30:35,559 big problem with this, like how did they get notified? 469 00:30:36,000 --> 00:30:40,119 So the Griffin campaign and the Republican Party sent out 470 00:30:40,480 --> 00:30:44,039 like postcards to people, to the sixty thousand people and 471 00:30:44,119 --> 00:30:47,240 notified them that your vote may not be counted in 472 00:30:47,279 --> 00:30:48,920 this race. And then they had one of those little 473 00:30:48,960 --> 00:30:53,079 QR you know codes, those those little squares with all 474 00:30:53,079 --> 00:30:56,880 the crazy digital black dots and stuff all over it. 475 00:30:57,240 --> 00:30:59,400 And so you scan that and then that takes you 476 00:30:59,440 --> 00:31:02,079 to a site where it's got all of the complaints 477 00:31:02,119 --> 00:31:08,119 and voter files and all of this, and what rigs 478 00:31:08,119 --> 00:31:12,200 and the Democrats and this dissenting judge argued was that 479 00:31:12,200 --> 00:31:16,279 that's not a way to notify people because it looks 480 00:31:16,440 --> 00:31:21,039 like a junk mail. It's a postcard, and you're relying 481 00:31:21,079 --> 00:31:23,839 on people to use a QR code and they may 482 00:31:23,839 --> 00:31:25,920 not have a cell phone, they may not know what 483 00:31:25,960 --> 00:31:29,279 a QR code is. So I ask you, if you 484 00:31:29,440 --> 00:31:33,200 got a random piece of mail from the Democrat Party 485 00:31:33,799 --> 00:31:36,359 and it said scan this QR code to find out 486 00:31:36,400 --> 00:31:38,519 if your vote's going to count, would you scan that? 487 00:31:39,400 --> 00:31:41,640 Speaker 1: I wouldn't. I throw it away? 488 00:31:43,160 --> 00:31:46,240 Speaker 2: And so that's the argument that this judge lays out 489 00:31:46,279 --> 00:31:48,160 as to why a lot of these voters of the 490 00:31:48,200 --> 00:31:52,519 sixty thousand may not have thought it was a legitimate 491 00:31:53,480 --> 00:31:56,319 thing for them to look now the Republican side and 492 00:31:56,359 --> 00:32:00,519 they're like, hey, the county boards of elect should have 493 00:32:00,559 --> 00:32:02,559 been sending this stuff out. They should have been notifying 494 00:32:02,599 --> 00:32:05,559 these people that their ballots were deficient or their registrations 495 00:32:05,599 --> 00:32:09,680 were deficient. They had twenty years to fix this problem, 496 00:32:09,920 --> 00:32:16,079 and they were warned about it before the election through litigation, 497 00:32:16,519 --> 00:32:20,039 so they knew this was a problem, and they knew 498 00:32:20,039 --> 00:32:21,799 about it for a long time. This is what I mean, Like, 499 00:32:22,160 --> 00:32:25,920 the list maintenance aspect at the board of Elections has 500 00:32:25,960 --> 00:32:31,279 been just a dumpster fire for my entire career here, 501 00:32:32,440 --> 00:32:35,519 my entire adult life in North Carolina, going back to 502 00:32:35,640 --> 00:32:38,680 nineteen ninety nine. Here, it seems like this kind of 503 00:32:38,680 --> 00:32:42,559 stuff has always been a problem, and like, if you 504 00:32:42,720 --> 00:32:45,319 want people to have faith and confidence in the system, 505 00:32:45,359 --> 00:32:47,839 you've got to do the proper list maintenance. 506 00:32:48,079 --> 00:32:51,359 Speaker 1: That's the first thing you need to do. All right, 507 00:32:51,400 --> 00:32:52,960 that'll do it for this episode. 508 00:32:52,960 --> 00:32:55,039 Speaker 2: Thank you so much for listening. I could not do 509 00:32:55,079 --> 00:32:57,240 the show without your support and the support of the 510 00:32:57,279 --> 00:33:01,079 businesses that advertise on the podcast you'd like, please support 511 00:33:01,079 --> 00:33:02,759 them too and tell them you heard it here. You 512 00:33:02,799 --> 00:33:05,400 can also become a patron at my Patreon page or 513 00:33:05,519 --> 00:33:09,119 go to dpetecleanershow dot com. Again, thank you so much 514 00:33:09,160 --> 00:33:15,599 for listening, and don't break anything while I'm gone.