STATE OF NORTH CAROLINA

NEW HANOVER COUNTY

BEFORE THE NEW HANOVER COUNTY
BOARD OF ELECTIONS
IN THE MATTER OF
PROTESTS FILED BY
JOHN CHRISTIAN ANDERSON

ORDER

THIS MATTER CAME BEFORE THE NEW HANOVER COUNTY BOARD OF ELECTIONS
on December 1, 2016, upon preliminary consideration of election protests filed by John Christian
Anderson with the New Hanover County Board of Elections pursuant to N.C. General Statute
163-182.10.
Serving on the New Hanover County Board of Elections were Chairman Jonathan W. Washburn,
Secretary Jamie S. Getty, and Member Thomas C. Pollard.
Present before this Board were Derek Bowens, Elections Director, Kemp Burpeau, Deputy County
Attorney, Avril Pinder, Deputy County Manager, and John Christian Anderson, Protestor.
Based upon review of the Protests and information presented to the Board in this matter, the Board
makes the following Findings of Fact and Conclusions of Law and enters the following Order:
FINDINGS OF FACT
1. On November 28, 2016, the Protestor filed with the New Hanover County Board of Elections
(herein also referred to as "County Board") the State-mandated form for two Election Protests
under N.C. Gen. Stat. 163-182.9.
2. The County Board's canvass of votes for the November 8, 2016 General Election was scheduled
for November 18, 2016, but was recessed to November 22, 2016.
3. In his protests, the Protestor alleged the following;
(A) Misconduct relating to the voting of absentee ballots and requested public documents
that he purported were relevant to the contention;
(B) There was a tampering or arguably other improper activity associated with the voting
equipment at the New Hanover County Senior Resource Center Early Voting Site;
(C) Allowance of voter registration pursuant to N.C. Gen. Stat. 163-55 is inconsistent
with Article VI of the North Carolina Constitution.
4. Sworn testimony was taken from Protestor and the Director of Elections.
5. The Protestor did not present any evidence of any specific incidents of absentee ballot
irregularities or tampering with voting equipment or any other violation of election law or
misconduct.

6. The Elections Director testified that he, with staff, thoroughly examined all absentee envelopes
and relevant chain of custody documents and noted no violation of the election law. He furthermore
testified that the voting equipment and voting enclosure at the New Hanover County Senior Center
were at all times secure without any unauthorized entry into the enclosure.
7. As to the Protestors claim of a constitutional violation, there was compliance with N.C. Gen.
Stat 163-55 with regard to the 30-day residency requirement.
8. The Protestor was afforded the opportunity on November 30, 2016 to review absentee envelopes
as requested.
CONCLUSIONS OF LAW
1. All Protestors assertions are found to be frivolous, without merit or substance.
2. The Protestor failed to show any probable violation of the election law or misconduct or other
irregularity specified in N.C. Gen. Stat. 163-182.9.
3. As to Protestors public records request, election staff made available documentation for
Protestors review and informed Protestor regarding the process for obtaining any additional
documentation that he might request.
4. As to Protestors constitutional claims, the United States Supreme Court in the 1972 Cody vs.
Andrews case, and other similar precedent, determined that the North Carolina Constitutional
provision for a one-year residency requirement failed to comply with United States Constitutional
Equal Protection Clause, such that N.C. Gen. Stat. 163-55 is valid law.
ORDER
The Protests are hereby dismissed as frivolous, unsubstantiated and not founded in law or fact, and
without probable cause for further proceedings.
This the 1st day of December, 2016.

____________________________________
Jonathan W. Washburn, Chairman