RALEIGH, N.C. (828newsNOW) – After Steve Holland, a resident of Weaverville, N.C., and Michael Frazier of Salisbury, N.C. filed a complaint against the North Carolina State Board of Elections over improper vote counting procedure, the North Carolina Office of Administrative Hearings has ruled in favor of taking the case to hearing.
After Election Day on Nov. 8, 2024, Holland and Frazier submitted a complaint against seven members of the Wake County and Rowan County Boards of Election alleging that the board members failed to follow a directive requiring early votes from individuals who die before Election Day to be struck from the final vote count.
The seven county board members included Wake County Board Members Gerry Cohen, Greg Flynn, and Erica Porter and Rowan County Board Members Catrelia Hunter, Kenneth Stutts, John Hudson and Loutricia Cain.
Holland and Frazier’s justification for their complaint stemmed from North Carolina General Statutes section 163-22 item c., which states that “the State Board shall have the right to hear and act on complaints arising by petition or otherwise, on the failure or neglect of a county board to comply with any part of the election laws imposing duties upon a county board,” and Title 08 of the North Carolina Administrative Code, 03 .1010, which guarantees that “any voter desiring to prefer charges of a violation of these Rules or of Chapter 163 of the North Carolina General Statutes with the State Board of Elections against a member of any county board of elections may do so by filing with the Board a statement, in writing, signed and sworn under oath or affirmation of the voter.”
Despite these rules, NCSBE voted 3-2 in January 2025 not to hold a hearing over the complaint.
In a 15-page opinion filed on Feb. 24, 2026, Administrative Law Judge Linda F. Nelson ruled that “there being no genuine issue of material fact, Petitioners are entitled to judgment as a matter of law. Accordingly, Petitioners’ Motion for Summary Judgment is GRANTED. The decision of Respondent that the Request for Hearing did not present a prima facie case is REVERSED, and this matter is REMANDED to Respondent to order a hearing in accordance with N.C. Gen. Stat. § 163-22(c) and 08 N.C. Admin. Code 03 0103.”
“It’s imperative that the State Board schedule these hearings promptly, rather than pursue an appeal,” said Holland in a press release. “With preparations for the November General Election just weeks away, residents in these counties deserve to know whether members of their Boards of Elections are fit to oversee the process.”
Primary elections took place in Asheville today, March 3, 2026, in advance of general elections this November.
