Two Wake County Board of Elections members were censured Wednesday after the North Carolina State Board of Elections found they violated their duties by voting to count ballots cast by three voters who died before Election Day in 2024.
The state board voted 3-2 along party lines that Gerry Cohen and Greg Flynn violated their duties. But Chairman Francis De Luca, a Republican, joined the board’s two Democrats in voting against removing them from the Wake board.
Steve Holland of Weaverville filed the complaint, arguing that counting the ballots violated a state board policy. He said Cohen and Flynn, both Democrats, “knowingly departed from state directives.” As a result, he said, ballots from three deceased Wake County voters were counted, while ballots from 42 other deceased voters were not.
Holland appealed after the board, then under Democratic leadership, declined in January 2025 to hold a hearing on his complaint. A judge in the state Office of Administrative Hearings later ruled that the board had to hear the case.
At Wednesday’s hearing, the board considered whether a state memo on ballots cast by voters who later died was guidance or a directive, and whether the North Carolina Constitution required those votes to be counted.
Cohen and Flynn cited a constitutional provision stating, “Every person offering to vote shall be at the time legally registered as a voter,” arguing that ballots should be counted if the voters were properly registered when they voted.
Cohen, a former longtime General Assembly staffer who said he helped draft election laws, said no existing state law requires those ballots to be discarded. He also said a bill filed this year to address the issue showed current law does not.
Flynn said his vote was intended to force attention to an issue the state board or legislature needed to resolve. “I don’t think we should be penalized for exercising our judgement,” he said.
De Luca asked whether the two would vote the same way again, and both said they would not. Cohen said he had been influenced by testimony from relatives of deceased voters and had made a mistake.
Board Secretary Stacy “Four” Eggers IV said state law has required voters to be alive on Election Day for their vote to count for at least 25 years. He and Republican board member Angela Hawkins voted to remove Cohen and Flynn.