There’s seems to be a multitrack attempt to keep the N.C. Supreme Court rulling on provisional ballots from applying to Mecklenburg County’s November elections. Let me walk through it as best I can:
– Deny that Republican County commissioner Bill James, and by extension Mecklenburg County, has standing in the decision because James’ campaign did not join the Fletcher lawsuit, just James the voter did. Or something like that, I’m unclear why this matters.
– Have the General Assembly quickly move to pass legislation explicitly saying the provisional ballots cast in the wrong precincts should be counted. House Speaker Jim Black (D-Matthews) keeps talking about how the Court confused the legislative intent of existing law, but if you have to pass an entirely new law on provisional ballots, that seems to indicate that the old law in effect in November may work the way the Court decided.
– Put off making a new tally that excludes the ballots in question for as long as possible. If a new count reveals a different outcome in county-wide races, that could be used as ammunition in a fresh legal assault on the November outcomes.
Needless to say, this topic is going to consume Democrats and Republicans until it is settled.
