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North Carolina Weighs Pre-Vote Electoral College Action

 October 26, 2024

Rep. Andy Harris, chairman of the Freedom Caucus, stirred controversy with his recent comments regarding North Carolina's handling of its Electoral College votes. He suggested awarding the state's votes to Donald Trump prior to counting due to potential disenfranchisement from Hurricane Helene.

This controversial proposal comes amidst emergency measures already set up in North Carolina to ensure fair voting access, USA TODAY reported.

At a dinner on Thursday, Harris commented on the ongoing effects of Hurricane Helene on North Carolina's rural western region. He emphasized the need to convene the legislature to discuss possibly assigning the state's electoral votes preemptively to Trump.

Concerns Over Voter Disenfranchisement Discussed

Harris' suggestion centered around reported disenfranchisement in 25 counties impacted by the hurricane. In a video circulating on social media, he mentioned, “You statistically can go and say, ‘Look, you got disenfranchised in 25 counties.’”

Critics quickly responded to his remarks, prompting him to later clarify that he had misconstrued his earlier comments. He reiterated that officials should count all legitimate votes and reported that voting was proceeding well in the affected areas.

North Carolina’s State Board of Elections has been proactive in addressing potential voting challenges. They approved emergency measures to enhance accessibility in 13 counties severely affected by the hurricane, aiming to maintain a smooth voting process.

North Carolina's Electoral Importance Highlighted

North Carolina's 16 electoral votes are critical in the presidential race, enhancing the significance of Harris's suggestion. Recent polls show Trump slightly ahead of his opponent, Kamala Harris, by 1 to 2 percentage points, underscoring the state's role as a battleground.

Critics swiftly responded to Harris's proposal, labeling it highly anti-democratic. Justin Levitt, a law professor, criticized the idea, stating it undermines the democratic process. He remarked that changing election laws at this stage isn't practical.

Levitt elaborated that any change in electoral vote allocation would require legislative approval and the governor's signature. Given North Carolina's political landscape, with a Republican-led legislature and a Democratic governor, such alterations appear implausible.

Legislative and Constitutional Challenges Arise

An additional hurdle to Harris' proposition is the federal Electoral Count Reform Act, which mandates that election law changes occur before Election Day. Early voting started in North Carolina a week ago, further complicating potential changes.

Elaine Marshall, the Secretary of State, voiced strong opposition to altering electoral procedures. She stated, “If I were to get a call about switching electors, I mean, I wouldn’t do it. There is no authority for that.”

She emphasized that no alterations would transpire during her tenure, asserting the importance of following established processes.

No Authority to Alter Electoral Votes

Under current rules, Gov. Roy Cooper will prepare the certificates of ascertainment that declare the election results within the state. The Electoral College is scheduled to meet on Dec. 17 to cast votes based on the state's outcome.

The new Congress will count the ultimate tally on Jan. 6, aligning with procedural norms. Any deviations that Harris suggests would disrupt this established timeline.

In a media statement, Harris expressed the need for leaders who respect foundational democratic processes. He underscored the importance of free and fair elections, untarnished by political maneuvers.

Mixed Reactions to Harris's Proposal

Despite the backlash, Harris' comments have highlighted existing concerns about voter disenfranchisement in disaster-affected areas. Karen Brinson Bell from the elections board spoke about efforts to safeguard voting rights amidst adversity.

“These measures were put in place to ensure the victims of Helene can vote in the upcoming election,” Bell stated, explaining the rationale behind the board's emergency actions.

As the political debate continues, stakeholders are focusing on ensuring that North Carolina's voters have equitable access to the polls and that their choices are duly reflected in the Electoral College process.