Election 2018 North Carolina

FILE - In this Nov. 7, 2018 file photo Republican Mark Harris speaks to the media during a news conference in Matthews, N.C. The North Carolina board investigating allegations of ballot fraud in a still-unresolved congressional race between Harris and Democrat Dan McCready could be disbanded Friday, Dec. 28 under a state court ruling in a protracted legal battle about how the panel operates. The state Elections Board has refused to certify the race between Harris and McCready while it investigates absentee ballot irregularities in the congressional district stretching from the Charlotte area through several counties to the east. Harris holds a slim lead in unofficial results, but election officials are looking into criminal allegations against an operative hired by the Harris campaign.

RALEIGH, N.C. — The Republican in the nation’s last undecided congressional race asked a North Carolina court Thursday to require that he be declared the winner because the now-defunct state elections board didn’t act.

A lawsuit by GOP candidate Mark Harris claims the disbanded elections board had been declared unconstitutional, so its investigation into alleged ballot fraud by an operative hired by the Republican’s campaign was invalid.

The elections board was dissolved Dec. 28 by state judges who in October declared its makeup unconstitutional but had allowed investigations to continue. A revamped board doesn’t officially come into existence until Jan. 31.

“Time is of the essence,” Harris’ lawsuit states. Because the new elections board won’t be created for weeks, “the uniform finality of a federal election is endangered by the State Board’s actions and the citizens of the 9th District have no representation in Congress.”

State elections staffers on Wednesday said a planned Jan. 11 evidentiary hearing to outline what investigators have found since November’s election had to be postponed due to the lack of a board authorized to subpoena witnesses and hold hearings.

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