NC Elections Board Hired Lawyer Who Was Simultaneously Suing It
State elections director hired prominent GOP lawyer Phil Strach despite his firm actively suing the elections board in four other cases.
RALEIGH, NORTH CAROLINA — State elections director Sam Hayes hired a prominent Republican attorney to defend the North Carolina Board of Elections in a lawsuit this year, despite that lawyer actively representing clients suing the same board in four other cases across state and federal courts.
Phil Strach, who represents Republican legislators, the Republican National Committee and the state Republican party in redistricting and election cases, was brought on to defend the elections board after it denied requests to open early voting sites at three universities for the primary election.
Conflict of Interest Waiver Required
As Hayes moved to hire Strach, the attorney required the elections director to sign a waiver acknowledging his firm’s representation of board adversaries in other ongoing cases. Strach’s January 30 letter outlined the terms of the arrangement.
“Your consent signifies a waiver of any and all conflicts on behalf of other Firm clients which may exist in present unrelated matters or could arise in future unrelated matters due to this representation,” Strach wrote. “You agree to not use our representation in the New Engagement as a ground for seeking our disqualification in such matters.”
The board’s director of external affairs, Jason Tyson, defended the hiring decision in an email Friday, citing limited options for qualified legal counsel.
“There aren’t many lawyers in the state who know election law to the extent required to handle these cases,” Tyson said. “We knew Mr. Strach would provide us the representation needed for this case.”
University Voting Site Dispute
The controversy stems from the state board’s January decision to deny requests for early voting sites at UNC-Greensboro, NC A&T State University, and Western Carolina University for the primary election. College Democrats groups and students subsequently filed a lawsuit challenging the denial.
Hayes retained Strach to represent the state board in defending against the lawsuit. A federal judge ultimately declined to force the universities to open early voting sites, ruling in favor of the elections board’s position.
Democratic Board Members Express Concerns
Democrats serving on the state elections board said they were not informed in advance about the conflict waiver arrangement. On Monday, they moved to prevent future waivers from being signed without their input.
Strach did not return a phone call Monday seeking comment about the arrangement. The News & Observer first reported on the waiver letter that formalized the conflict of interest acknowledgment.
The hiring highlights the complex legal issues surrounding election administration in North Carolina, where the same attorneys often find themselves on opposing sides of multiple cases involving voting rights and election procedures.
