2/Ex meru motu is a legal phrase meaning when a court acts on its own initiative and not in response to a litigant’s motion or complaint. Today’s order was ex meru motu, which in itself is unusual. #ncpol
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I've never seen a federal court order quite like the one issued today snapping back the NC State Bd of Elections (and Gov Cooper/AG Stein) from their course of action to upend the statutory anti-fraud measures for mailed absentee ballots. I'll explain in full this eve. #ncpolpic.twitter.com/93u0Hcz9It
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3/I am a plaintiff in a lawsuit filed Saturday to stop this sabotage of absentee ballot procedures by collusive plotting between
@RoyCooperNC,@JoshStein_ and Marc Elias. However, this order wasn’t entered in our case in federal court in Raleigh but rather in Greensboro.#ncpolPokaż ten wątek -
4/Was entered by Judge Osteen, who presides over one of almost a doz. cases in which Democrats have for months attacked the following antifraud requirements for absentee ballots: witness signature/address, voter personal mailing/delivery, and timely postmark/receipt.
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5/Sorry, gotta take a couple hours break, but stay tuned. It gets much better.
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6/What precipitated Judge Osteen’s order was Elections Board’s (NCSBE) filing of “notice” of “numbered memo 2019,” which advised county boards of elections not to disqualify ballots lacking a witness signature if the voter signs a form certifying the voter’s identity.
#ncpolpic.twitter.com/WenDsDxY2w
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7/This is what legislative leaders observed last week effectively eliminates the witness requirement. Omitting the witness triggers the sending of a form. The voter signs the form certifying his own identity; no witness ever enters the picture. Cooper/Stein terms.
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8/Stein’s DOJ issued a “Fact Sheet”
about the collusive settlement, insisting that it “does NOT eliminate the witness requirement” and that it did what “[t]he federal court ordered.”pic.twitter.com/uQCCimaoDU
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9/Although Cooper’s/Stein’s media acolytes credulously swallowed, Judge Osteen unprompted came to the same conclusion as legislative leaders: “it now appears that ... [NCSBE] has eliminated the one-witness requirement under the guise of compliance with this court’s order.”
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10/Doing so was NOT required by his previous order, Judge Osteen observed, and was not consistent with that order, which "upheld the one-witness requirement and ... found that it was a reasonable measure to deter fraud."
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11/Judge Osteen further noted that SCOTUS often reiterates that "lower federal courts should not ordinarily alter the election rules on the eve of an election" and that NCSBE has now altered procedures while voting is in progress and on the pretext of compliance with his order.pic.twitter.com/TjmkMlAeZ0
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12/Judge Osteen was so alarmed by this development that he ordered the lawyers to appear before him "at the earliest possible date and time" for further inquiry, including "[w]hether this court's [prior] order was used or asserted as a basis for a revision of election procedure."
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13/I wouldn't want to be NCSBE or Stein's top deputies at that hearing. Good night!
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