Buncombe elections board schedules Aug. 25 evidentiary hearing on 41 deceased-voter challenges

The Buncombe County Board of Elections voted July 14 to schedule a full evidentiary hearing for 3:30 p.m. on Aug. 25 to consider 41 voter-registration challenges filed by Thomas Neubauer alleging the listed registrants have died.

At the preliminary consideration, Executive Director Corrine Duncan told the board that staff had reviewed the filings and that the board’s role at the preliminary hearing is to confirm the challenges are filed properly and to determine whether there is probable cause to proceed to an evidentiary hearing. "What the board does at the preliminary hearing is to check whether the challenges are filed properly and staff has done that review," Duncan said. "And then whether there's probable cause to move on to an evidentiary hearing." The board voted to schedule the fuller hearing and directed staff to notify the challenger, the affected registrants and county party chairs.

Board members pressed staff on why so many names on the challenged list appeared to be county deaths. Jake asked for clarity on the county's match process and referenced a recent state review: "...so far I guess I've looked at half of these at this point. And every last person who is reported to us as a deceased community member actually died in Buncombe County." He also asked what the state audit found when auditors visited the county office.

Duncan described the county’s caution on administrative removals: to remove a voter administratively requires a "perfect match" so the office does not inadvertently remove a living registrant; when there is not a perfect match, the case comes to the board for due-process review. She said the State Board audit team visited the office for several hours, reviewed a set of sample cases and will provide a report with potential process improvements and clearer match criteria.

Board members discussed splitting the packets for review ahead of Aug. 25 so each challenge receives staff and board attention. Duncan said completing the evidentiary hearing in August would allow timely removal from the rolls "by the next election," if warranted.

The board concluded the item by confirming the Aug. 25 meeting time and moving on to remaining business. The hearing was placed on the Aug. 25 meeting agenda for further evidence and formal determinations.