PREVIOUS PROTESTS AT WAKE BOARD OF ELECTIONS

Protestors came with signs asking for transparency as well as board & public oversight. Members of the public are being blocked by the Election Director and Board Members from observing critical canvassing processes inside on election night.

Q. Despite the requirement that all board members must be present for canvassing activities on election night at the BOE, why do only 2 out of 5 show up?

A. Wake County used to have 3 BOE members present on election night prior to 2020, but they now have only 2 in order to prevent a quorum. If a quorum is present, then the BOE must be open to the public and they have made it clear that they do not want members of the public to observe on election night.

Transparent Elections NC obtained a protest permit, even though one was not required based on the location where the protest was planned. TENC ensured that election workers (who do not have a say in the level of transparency) did not feel threatened in any way. Protestors put out signs thanking the poll workers in places where the poll workers would see the “thank you” signs.

This was the first protest held at Wake County Board of Elections to speak up about not being allowed in on election night to observe. Meanwhile, other counties follow the law requiring that all 5 board members show up to oversee election night processes. Wake continues to have only 2 board members present in order to prevent

Q. What happened to Lynn Bernstein and John Brakey when they went to the BOE on May 14, 2022 in order to scope out a legal and safe place to protest on election night?

A. Election Director, Gary Sims had police trespass them because Sims made inaccurate claims that Bernstein and Brakey were “suspicious”, were a threat, and police were falsely told that Brakey and Bernstein had tampered with a gate to gain access to the BOE (gates were open and “Board of Elections Event” sign was posted).

Q. What happened after Bernstein and Brakey were “trespassed” forever and what does it mean?

A. Being “trespassed” means that if they were to come on BOE property ever again, they would be arrested and charged with criminal trespass. Bernstein’s only remedy was to file a lawsuit in Federal Court in order to get her right’s restored. She was unable to observe the canvassing of the 2022 election due to the trespass, which is still tied up in the judicial system. Surveillance footage shows no such tampering took place and in November 2022, a Federal Judge granted Bernstein’s temporary injunction, which prevents the board or Sims from having her arrested when she comes to board meetings at the BOE. The trial will occur sometime in 2023 / 2024.