Democrats Challenge Settlement in North Carolina Voter Registration Lawsuit

The Democratic National Committee (DNC) and a group associated with Marc Elias' law firm are contesting the recent settlement between the U.S. Department of Justice and the North Carolina State Board of Elections.

On Tuesday, both entities filed motions in federal court, urging U.S. Chief District Judge Richard Myers to reconsider their requests to join the case as defendants.

In May, the Justice Department initiated a lawsuit against the North Carolina State Board of Elections, alleging non-compliance with the federal Help America Vote Act (HAVA). The suit claimed that state officials failed to collect required identification numbers—such as driver's license numbers or the last four digits of Social Security numbers—from all registered voters.

Earlier this month, the federal government and the state elections board reached a settlement, which Judge Myers approved on September 8.

In their memorandum, DNC attorneys argued that, despite the consent decree, the DNC should be allowed to intervene to protect the privacy interests of Democratic voters in North Carolina. They contended that the agreement grants the Justice Department unrestricted access to personal information of every registered voter in the state, including sensitive data like driver's license and partial Social Security numbers.

Judge Myers has maintained jurisdiction over the case and acknowledged that the elections board might seek a protective order concerning the use and release of confidential data. DNC lawyers emphasized that the court should extend the same right to the DNC, which has consistently sought to protect the rights of North Carolina voters in this and related litigation.

Similarly, the North Carolina Alliance for Retired Americans, associated with the Elias Law Group, has attempted to intervene as a defendant. The alliance's attorneys argued that the Justice Department and the state board do not adequately represent their unique interests in ensuring members' votes are counted, that they may vote by regular ballot, and that their sensitive private information remains confidential.

They further contended that the absence of an adversarial process has serious consequences for voters, as none of the existing parties informed the court that the board's program implementing the consent judgment would require election officials to discard ballots cast in state and local elections by affected voters if they fail to meet new requirements.

The alliance is urging Judge Myers to withdraw his order approving the lawsuit settlement and to schedule adversarial briefing on the agreement.

In his 13-page order, Judge Myers noted that the state board is required to ensure that North Carolina's voter registration forms and instructions fully comply with HAVA. He also outlined a remedial plan for the state elections board to collect missing voter registration information, specifying that voters with incomplete information will be required to cast provisional ballots.

Judge Myers has called for reports from the state elections board in October, December, and February, with annual reports starting in April 2026. The order remains in effect through June 2027.

The Justice Department and state elections board filed a joint motion for a court order ending the lawsuit, stating that the proposed order would resolve litigation brought by the United States pursuant to its authority to enforce the requirements of HAVA concerning the conduct of federal elections in North Carolina.

At the outset of the litigation, approximately 100,000 voter records lacked the required identification numbers as mandated by HAVA. As of September 2, 2025, that number has decreased to 81,810, with ongoing efforts to collect this information from affected registrants.

The Justice Department and State Board of Elections have urged Judge Myers to deny motions from outside groups seeking to intervene in the case.

Previously, the Republican National Committee and the North Carolina Republican Party filed a lawsuit in August 2024, challenging the former Democrat-majority elections board's handling of voter registrations discussed in the Justice Department suit. Their complaint targeted 225,000 voter registrations linked to a disputed voter registration form, requesting that affected voters be removed from the voting rolls or required to cast provisional ballots in the 2024 general election. Courts declined to enforce these measures.

In a related development, Republican state Supreme Court candidate Jefferson Griffin challenged more than 65,000 votes in his contest against Democrat Allison Riggs, citing similar voter registration issues. The state Supreme Court ultimately ruled that those votes would count in the final election tally, leading Griffin to concede the election.

"North Carolina was one of the original thirteen colonies, and as such, you can expect to find some of the oldest history in the United States there."