The North Carolina Republican Party (NCGOP) has filed a lawsuit in Wake County Superior Court to require the N.C. State Board of Elections to utilize the process set forth in SB 747 to identify and remove non-citizens from its registered voters list before the November 5, 2024 General Election.

Section 44 amended several statutes to facilitate the identification of non-citizens who are registered to vote in North Carolina and the removal of such individuals from county voter lists via the Jury Selection form. 

For instance, the section requires that if a prospective juror requests to be excluded from a jury based on the fact they are not a United States citizen, the Clerks of Superior Court shall communicate that information to the NCSBE. 

Section 9-6.2(b) also requires that the NCSBE “shall use this information to conduct list maintenance efforts in accordance with G.S. 163-82.14.” The NCSBE has not, however, issued any public guidance regarding its compliance with Section 44. They have also indicated they will not perform this statutorily mandated function inside the “90 day VRA Blackout period.” This suit seeks to remedy the NCSBE's willing inaction to perform a statutory function.

"Ensuring that if someone is selected to serve on a jury and that person indicates they are a non-citizen, the information must go to elections boards so they are not eligible to vote. There is no reason not to be using this safeguard as required by SB 747," said NCGOP Communications Director Matt Mercer.

See the complaint here.