McCready, NCSBE ask for judge to deny Harris’ petition in NC09 case

CHARLOTTE, NC (WBTV) - Democrat Dan McCready and the North Carolina State Board of Elections both want a judge to deny Republican Mark Harris' petition to certify the 9th Congressional District race and declare him the winner.

Harris submitted a court filing earlier this month requesting a Wake Court judge to force the state board of elections to certify the race saying that no one ever protested the results and the board decided to investigate on its own accord.

Monday was the deadline for interested parties to file a brief with the court. You can read copies of Harris', McCready’s, and NCSBE’s below. Here’s a breakdown of the legal arguments each are making.

McCready

1. Harris has not presented enough evidence the prove the election should be certified.

2. The petition filed by Harris, called a writ of mandamus, is only granted in “extraordinary” circumstances and with no other options available. McCready argues that the other alternative is for the investigation to continue and an evidentiary hearing to take place,

NCSBE

1. Argues that the NCSBE does not need to have an official protest filed in order to investigate.

2. Says they are under no legal obligation to certify the results while an investigation is underway.

3. The mandamus would overstep the legal protections and the alternative is to see out the investigation.

Harris

1. Argues that with no protest filed the state has overstepped its role by investigating.

2. Not clear if and when new state board of elections will certify.

3. Harris received the most votes.

A date for a hearing has still not been announced.

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