New election needed in 9th Congressional District
Friday, December 7, 2018
In the week since the state Board of Elections declined to certify the results of North Carolina’s 9th Congressional District election, journalists and others have begun to fill in the details of a troubling case of apparent ballot fraud. In Bladen County — and perhaps other counties — individuals have interfered with the voting process by gaining access to others’ absentee ballots, according to witnesses and records. Investigators also are looking into the burgeoning scandal.
There may be no way, however, to know how widespread the fraud was, or whether it involved enough ballots to potentially change the outcome of the election — a 905-vote victory for Republican Mark Harris over Democrat Dan McCready. But we do know enough. Unless new evidence somehow clears the clouds hanging over this election, the Board of Elections should toss out the 9th District results.
Calling for a new election would be an enormously significant decision for the board. It should be done with the support of N.C. statutes and without a whiff of partisan politics. Republicans from Raleigh to Washington would surely howl; already, they’ve noted that the number of absentee ballots cast in Bladen County falls short of the overall margin of victory in the 9th.
This is true. But witnesses have said that their ballots, which were collected by individuals apparently working for ringleader McCrae Dowless, were never submitted to the county or state. There’s little certainty about how many ballots were wrongly tossed or destroyed in Bladen County (there were more than 1,500 that were requested but unreturned) or how much Dowless and his workers may have done the same in neighboring Robeson County, as reports suggest. It might have been enough to change the outcome of the race. It might not have been.
That possibility, however, triggers a statutory threshold for holding a new election. North Carolina General Statute 163A-1180 authorizes the Board of Elections to intervene and “take any other action necessary to assure that an election is determined without taint of fraud or corruption and without irregularities that may have changed the result of an election.” The board should call for a new NC-09 general election. The U.S. House can and should order a new primary, given that results show Harris winning a startling 96 percent of the Bladen absentee vote in his narrow 2018 primary victory over then incumbent Robert Pittenger.
Questions remain about how much Harris knew about the work being done on his behalf. Both he and his chief consultant, Andy Yates, contend they weren’t aware of any election fraud in the 9th District, but Dowless was well-known as a dicey figure in N.C. political circles. He’s a convicted felon who had been investigated for similar fraud in 2016, and he even was featured nationally in a This American Life episode. Harris, at the least, should have seen the smoke.
Voters in the 9th District deserve the confidence that their election was free from fraud. North Carolina statute supports it. The evidence already demands it. The Board of Elections should start the election over.
The Charlotte Observer