But he has video this time! Selectively edited, cell-phone recorded video taken out of context, but video nonetheless. DeLancy thinks this is evidence enough to charge a Wake County precinct official with—wait for it—a felony for voter suppression.
Here is the video, shot by DeLancy, of elections official Jan Torrey explaining what all is on what ballot and why for this June seventh primary election.
DeLancy sees this "stunning film evidence" as an official purposefully "misleading an Unaffiliated voter"—himself— "on his available choice of ballots" which "could put the employee into legal jeopardy," for "discouraging potential voters from exercising their lawful right to vote."
That legal jeopardy bit? Not likely, according to Gary Sims, the director of the Wake County Board of Elections, who says he is "very aware" of the efforts of Jay DeLancy.
"From what I observed, it definitely did appear as though the precinct official was the biggest victim of this, in that she was trying to help too much by explaining the ballots," Sims says.
And the ballots are kind of confusing.
In Wake, there are two congressional districts, the 4th and the 2nd. In the 2nd district, there are Republican and Democratic party contests and unaffiliated voters may choose to vote in either, or they may vote as unaffiliated in the non-partisan, judicial races only.
For the 4th district congressional contest, there is a Republican and an unaffiliated ballot, as no Democrat challenged incumbent congressman David Price. Registered Democrats therefore vote using the unaffiliated ballot, as do registered Libertarians in both districts, since no Libertarians filed to run in either congressional race.
"That’s what she was attempting to explain based on me talking to her, talking with her site supervisor and seeing the video," says Sims.
As for charging Torrey with a felony?
"I have no idea how he, who thought of that," Sims says. "[DeLancy] is not the DA, or on the Board [of Elections]. He is writing his own story."
Here are DeLancy's final thoughts, lifted verbatim from his email blast:
"Last we got a small hint at how things worked during the Jim Crow era," DeLancy said. "Unless the DA prosecutes this blatant voter suppression, election workers all across the state will think it's okay to lie to voters about their rights,"
It certainly takes a lot of integrity to compare your shenanigans to the Jim Crow era, and to try to charge people with felonies when they're just trying to help you.