DOJ steps in as RNC fights North Carolina election board over absentee ballots

The Justice Department is getting involved in a lawsuit brought by the Republican Party against the North Carolina Board of Elections.

According to Democracy Docket, the RNC is disputing the board's guidance about absentee ballots that are not in a sealed return envelope.

According to the Republicans, under state law any absentee ballots received by county boards must be in a sealed return envelope.

The RNC further states that the state Election Board doesn't have the authority to decide disputes over voting rules or interpret the laws. They're requesting that the court step in and stop the counting of all ballots that are in unsealed envelopes.

The filing says North Carolina absentee ballots must also have certification that they were completed by the absentee voter. Ballots also require the signatures of two witnesses or a notary public who watched the voter cast the ballot in the envelope.

In a statement of interest, the Justice Department said, "This case presents important questions relating to the enforcement of the Materiality Provision in Section 101 of the Civil Rights Act of 1964."

"Contrary to Plaintiffs' (the RNC) assertion, the Materiality Provision applies to the entire voting process — not just the voter qualification stage," the filing continues.

"The Provision specifically applies to a voter's error or omission on any record or paper, which can include the failure to seal a ballot secrecy envelope," said the DOJ. "And rejecting an absentee ballot based on such errors or omissions that are not material to determining whether an individual is qualified to vote denies the right to vote for purposes of the Materiality Provision, even if the voter has an opportunity to cure the ballot. The United States expresses no view on any issues other than those set forth below."