Wednesday, February 22, 2017

Suit to Force Wake County NC to Clean Its Voter Rolls Under NVRA Survives Motion to Dismiss

The Voter Integrity Project of NC (VIP-NC) was founded in 2011 by Jay DeLancy and John Pizzo. Their mission was to ensure Free and Fair Elections to all lawfully Registered Voters. Mr. Pizzo has more than 30 years private industry experience in the discipline of of quality engineering and holds a Six Sigma Black Belt. Mr. DeLancy is a retired Air Force Lieutenant Colonel, with military experience in both conventional and nuclear operations with advanced degree work in journalism, business and political communication.

Considering VIP-NC’s allegation that the number of Registered Voters in Wake County has exceeded, and continues to exceed, the number of Eligible Voters, which allegation is in turn supported by reliable data and Wake County Board of Election's (WCBOE) failure to use available Jury excuse information, a reasonable inference can be drawn that WCBOE is not making a reasonable effort to conduct a Voter List Maintenance program in accordance with the National Voter Registration Act (NVRA).

Martinez-Rivera, 166 F. Supp. 3d at 793-94, holding that allegations of Voter Rolls containing more Registered Voters than Citizens Eligible to Vote, a 105% Registration Rate, gave rise to a strong inference of a violation of the NVRA and stated a plausible claim for relief.

Accordingly, the Court finds VIP-NC has stated a Claim for Violation of 52 U.S.C. § 20507.

NYC Wins When Everyone Can Vote! Michael H. Drucker
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