Thursday, American Oversight challenged the North Carolina Office of the State Auditor’s response to its recent demand letter, arguing that the agency’s evolving explanation raises new questions about whether it adequately preserved and searched for Dallas Woodhouse’s text messages and other public records about election administration.
In a July 24 letter responding to our demand for records, the auditor’s office acknowledged that it only began gathering additional responsive text messages after media reports revealed their existence. The office also stated that, because former elections liaison Dallas Woodhouse has since resigned, it no longer has access to his personal devices or accounts and therefore cannot access any additional public records that may remain there.
In our response letter sent today, we rejected that position, arguing that North Carolina law requires the agency to recover public records held by third parties and for departing officials to turn over public records in their possession. Moreover, we pointed out that the auditor’s own account raises troubling questions about whether its initial search for responsive records was adequate. We also noted that the office’s explanation does not clarify if responsive records were missed because they were never requested from Woodhouse or because they were not fully disclosed by him when requested.
“The State Auditor’s latest response doesn’t answer the questions surrounding these missing records — it deepens them. It suggests that the office failed to preserve all responsive text messages until news reports revealed they existed, and it claims that any additional records that it did not preserve are out of reach because Dallas Woodhouse resigned. Not only is that assertion inconsistent with North Carolina law, it also raises an obvious question of whether the office failed to ask the right questions when these records were first requested, or failed to get complete and truthful answers from Mr. Woodhouse,” said Chioma Chukwu, Executive Director of American Oversight. “These records concern decisions that affect how millions of North Carolinians cast their ballots. Choices about early voting determine whether people working long shifts can vote, whether seniors and people with disabilities can access the polls, and whether Black voters and other communities that have historically faced barriers to voting have a fair opportunity to participate. The public shouldn’t have to rely on journalists and watchdogs to uncover records that the law requires government officials to disclose. Transparency isn’t optional. It’s how the public holds those in power accountable.”
Our initial July 22 demand letter followed the discovery that records obtained from county election officials referenced text messages involving Woodhouse that were not included in the auditor’s responses to multiple public records requests. One such record from Lee County referenced a text conversation in which Woodhouse advised county officials on reducing Sunday early voting hours.
We have called on the Office of the State Auditor to take additional steps to recover all responsive public records from Woodhouse, arguing that North Carolina law requires agencies to make reasonable efforts to obtain public records from third parties, including former officials, rather than treating them as inaccessible after an employee’s departure.
The records at issue concern communications about election administration, including discussions surrounding changes to early voting. We have requested that the auditor’s office confirm by Aug. 7 that it has formally demanded all remaining responsive records from Woodhouse and has indicated it will pursue additional legal action if necessary.
