Freedom Caucus
Oct. 26, 2024, 5:43 a.m.
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Freedom Caucus Leader Urges North Carolina to Preemptively Award Electoral Votes to Trump

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Washington, D.C. — In a controversial move, Rep. Andy Harris (R-MD), chairman of the Freedom Caucus, proposed that North Carolina’s Republican-led legislature should consider preemptively awarding the state’s 16 electoral votes to former President Donald Trump before the general public’s votes are fully counted. His remarks, first reported by Politico, were made during a dinner on Thursday evening, sparking intense debate around the democratic process and voter disenfranchisement concerns.

Harris argued that residents in western North Carolina—an area heavily impacted by Hurricane Helene—might be “disenfranchised” due to the storm's aftermath. “You statistically can go and say, ‘Look, you got disenfranchised in 25 counties,’” Harris said in a video shared on social media. He added that, in his view, the legislature should convene to ensure voters in storm-affected areas aren’t excluded.

Voting Challenges Amid Hurricane Helene

The North Carolina State Board of Elections recently approved emergency measures to aid voters in 13 of the hardest-hit counties, allowing more flexible voting options. Karen Brinson Bell, the board’s executive director, said the measures aim to guarantee that citizens affected by Hurricane Helene have equal access to voting, despite the challenging conditions. “These measures were put in place to ensure the victims of Helene can vote in the upcoming election,” Bell said.

A Polarizing Proposal

Harris’s suggestion has drawn criticism from legal and voting rights experts who argue that awarding electoral votes before counting citizens’ ballots undermines democratic principles. Justin Levitt, a professor at Loyola Law School and former DOJ official, condemned the proposal as “profoundly antidemocratic.” He emphasized that voters must have the final say in choosing the state’s electors.

“It’s questionably constitutional,” Levitt stated. “And it’s never going to happen.” North Carolina has a divided government, with Republican supermajorities in the legislature but a Democratic governor, making it improbable that such a measure would pass.

Response from North Carolina Officials

Secretary of State Elaine Marshall confirmed the lack of authority for any preemptive assignment of electoral votes, stating firmly that, “There is no authority for that. And it’s just not going to happen on my watch.” Under North Carolina law, electoral votes are assigned following a canvassing process post-election. The governor then certifies the winner based on the votes, ensuring that the electoral votes are aligned with the public’s decision.

Implications for North Carolina’s Role as a Battleground State

North Carolina, with its 16 electoral votes, is widely regarded as a battleground state. Currently, polling shows Trump narrowly leading Vice President Kamala Harris by a margin of 1 to 2 percentage points, underscoring the importance of every vote. Early voting has already started in the state, adding further complexity to any attempts at altering the process.

Harris responded to the controversy at a Friday press conference, stating, “America deserves to have leaders who respect the importance of one of the pillars of our democracy, which is free and fair elections.”

Conclusion

Harris’s suggestion has set off a political firestorm, sparking debate about election laws and the rights of voters in hurricane-impacted areas. For now, North Carolina officials, including the Secretary of State and Governor Roy Cooper, stand by established procedures that ensure voters have the final say in determining the state's electors.



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