Trump voter challenge in North Carolina dismissed

North Carolina’s election board dismissed a voter’s challenge to former President Trump’s candidacy on the primary ballot Tuesday, citing a lack of authority to consider the challenge.

The State Board of Elections voted 4-1 to dismiss the candidacy challenge brought by Brian Martin, who argued that Trump — the leading GOP presidential candidate — is unqualified to hold office under the insurrection clause within the 14th Amendment. Under the statue, someone who takes an oath of office cannot engage in insurrection or rebellion against the U.S. government.

Martin’s challenge claimed Trump “engaged in an insurrection” Jan. 6, 2021, and is therefore not qualified for office of the president.

Elections Board Chair Alan Hirsch made clear that the approved motion did not make any determination on the substance of the argument; rather, it simply claimed the board did not have authority to hear the case. He added that Martin should feel free to appeal the ruling.

Before the vote, general counsel to the elections board, Paul Cox, made the case against hearing the voter’s candidacy challenge and said he was “quite uncertain” as to whether the board had the authority.

“I do think it’s uncertain. And I think that the board has to consider whether it has the jurisdiction and authority to act,” Cox told members of the board during Tuesday’s meeting. “Obviously the board is an administrative agency that derives its authority from the law, and it must consider whether the statutes that give it authority, give it this authority.”

“And, in reading the language of the challenge statutes, I’m quite uncertain as to whether the challenge statutes in North Carolina law contemplate a challenge to a presidential preference primary candidate,” he added.

Siobhan Millen, the sole vote against the motion, pushed back on Cox’s arguments, asking him when a voter could bring a candidacy challenge. She argued the board was hiding behind technicalities.

“It seems like there is an unknown as to whether the presidential primary statute controls the field or whether the challenge statute controls the field, and it’s never been litigated before. You’re uncertain, if I’m hearing you,” Millen said.

“It’s troubling to me,” she continued. “We have a voter who’s gone to the trouble to fill out a facially very impressive challenge form and we are, to me, hiding behind a technicality by saying it doesn’t apply, that we won’t even hear it. That’s — it’s troubling.”

The dismissal came on the same day the Colorado Supreme Court ruled that the 14th Amendment bars Trump from appearing on its state’s ballot. The former president’s campaign team has vowed to appeal the decision, setting up a likely U.S. Supreme Court battle.

In a statement to The Hill, Martin said he agreed with Millen’s position “that the Board erred and had a duty under the law to consider my Challenge.” 

“As it stands, the Board is creating a voting ballot in North Carolina that deprives people of their right to vote and have a say in who is the next President,” Martin said in the statement.  

“If my challenge is correct on the merits – and the only court to consider the 14th Amendment issue on the merits has agreed with my analysis – then a vote in the primary for candidate Trump is a wasted vote and will not play a role in selecting our President,” he continued. “North Carolina voters in the Republican primary will have missed their chance to make a choice among the qualified Republican candidates.”