RALEIGH, N.C. -- Joshua Malcolm, chairman of the State Board of Elections & Ethics Enforcement, issued a letter this week directing agency staff to review and post materials associated with the investigation into election processes in certain counties within the 9th Congressional District.
Documents will post only if public disclosure will not undermine the investigation or prematurely expose sources. Postings should not be construed as dispositive or as representing the totality of evidence in the State Board’s possession.
Documents will post on a rolling basis to an online portal.
Initial documents will post late Tuesday afternoon and continue during the course of the agency’s investigation.
Chairman Malcolm’s letter (PDF) included the following:
The State Board has long sought to promote public confidence in elections through the transparent production of official records and extensive public data when disclosure is possible without undermining the integrity of ongoing investigations or prematurely exposing sources. Recognizing the importance of public disclosure of materials obtained in connection with the above-referenced investigation, and acknowledging pending requests for the same, I direct that staff undertake a review of materials that may be produced on a rolling basis in a manner reasonably calculated to serve the public interest without compromising the investigation.
Notwithstanding the agency’s authority to withhold records of criminal investigations, consistent with past practice and the prior guidance of the Attorney General’s Office, every effort should be made to begin production of records at staff’s earliest opportunity and continue thereafter.