State of North Carolina

North Carolina Incomplete Voter Registration Challenge

Kivett v. North Carolina State Board of Elections II

Lawsuit filed by the Republican National Committee (RNC), North Carolina Republican Party, Wake County Republican Party and two voters against the North Carolina State Board of Elections and its members challenging the board’s decision to count 60,000 votes cast in the November 2024 election by voters who allegedly did not provide the required identification information. To register to vote in North Carolina, an individual must provide a driver’s license or social security number on the state voter registration form. If they have neither, the state board of elections may issue a unique voter identification number. 

The Republican plaintiffs allege that, for many years, the board used a voter registration form that failed to collect a driver’s license or social security number. They claim that prior to December 2023, the state processed over 225,000 voter registration applications without collecting the required identification information and failed to take immediate action to identify and remove unqualified voters from the state’s voter rolls. They further allege that 60,000 of the challenged voters cast a ballot in the November 2024 election without having provided the required identification. 

The plaintiffs argue that the board’s decision to count these 60,000 challenged votes violates North Carolina law and the state constitution. They ask the court to order the board to immediately separate any ballots cast in the November election by voters who did not provide the required identification and contact the voters to request the missing information. The plaintiffs further ask that if a contacted voter is not able to provide the missing identification, the board must remove their ballot from the final 2024 election results. 

STATUS: The Republican plaintiffs filed their complaint on Dec. 31, 2024. On Jan. 2, 2025, the board removed the case from Wake County Superior Court to a federal district court.

Case Documents (State Court)

Case Documents (federal Court)

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