DOJ Says North Carolina Didn’t Maintain Accurate Voter List (2)

The US Department of Justice is suing the North Carolina State Board of Elections for failing to maintain an accurate voter list in violation of the Help America Vote Act of 2002.

North Carolina violated HAVA by using a voter registration form that didn’t clearly require a voter to provide a driver’s license or the last four digits of a Social Security number, the DOJ said in a Tuesday complaint filed in the US District Court for the Eastern District of North Carolina.

“The Department of Justice will not hesitate to file suit against jurisdictions that maintain inaccurate voter registration rolls in violation of federal voting laws,” Assistant Attorney General Harmeet K. Dhillon said in a Tuesday press release announcing the lawsuit.

Defendant and executive director of the board, Sam Hayes, said “I was only recently notified of this action by the United States Department of Justice. We are still reviewing the complaint, but the failure to collect the information required by HAVA has been well documented. Rest assured that I am committed to bringing North Carolina into compliance with federal law.”

“The voter registration form at the heart of this issue was updated in January 2024,” Hayes said. The board “will work diligently to ensure all voters are properly registered and have provided the necessary personal information to comply with state and federal laws,” he said.

The complaint says President Donald Trump issued an executive order March 25 entitled “Preserving and Protecting the Integrity of American Elections” to ensure that elections comply with federal laws.

North Carolina violated the “sacred trust” its citizens have in federal elections by failing to maintain accurate lists lists in its computerized statewide voter registration in violation of HAVA, the DOJ says.

A voter registration application for an election for federal office is unacceptable under HAVA unless it includes an applicant’s driver’s license number or the last four digits of an applicant’s Social Security number if the applicant doesn’t have a license, the DOJ says. If an applicant lacks both, the state must assign a special identifying number for voter registration, it says.

A significant number of North Carolina voters who didn’t provide either piece of information, however, have still received voter registration approval by election officials in violation of HAVA, the complaint says.

The DOJ says it seeks relief in the form of a declaration that the board isn’t complying with HAVA, as well as injunctive relief to prevent the board from failing or refusing to promptly comply with HAVA. The board should also develop a plan to remedy demonstrated HAVA violations, the complaint says

The complaint also includes several individual board defendants.

The case is United States v. N.C. State Bd. of Elections, E.D.N.C., No. 5:25-cv-00283, complaint 5/27/25.