Investigation of NC Secretary of State Marshall Moves Forward ⋆ American Lens

Investigation of NC Secretary of State Marshall Moves Forward

Elaine Marshall - Secretary Of State - DACA - NCThe North Carolina House Rules Committee approved a resolution last week to investigate Secretary of State Elaine Marshall over allegations she illegally granted public notary commissions to illegal aliens.

In the state of North Carolina, a notary public witnesses and certifies signatures of important documents, such as sensitive documents like birth certificates and absentee ballots.

House Resolution 925 sets out specific parameters for the investigation:

  1. “That Secretary of State Elaine F. Marshall granted notary public commissions to several hundred persons who did not ‘(r)eside legally in the United States’ in violation of G.S. 10B-5, and who were not ‘qualified aliens’ in violation of 8 U.S.C. 1621.”
  2. “That Secretary of State Elaine F. Marshall granted said notary commissions to ineligible aliens surreptitiously, without means for the public or the General Assembly to have knowledge of such action.”
  3. “That Secretary of State Elaine F. Marshall made untrue statements to the press and public involving the grant of these notary commissions to ineligible aliens.”
  4. “That senior staff of the office of the Secretary of State, in furtherance of Secretary Elaine F. Marshall’s actions, misrepresented the facts surrounding the granting of these notary commissions to ineligible aliens to the Joint Legislative Oversite Committee on General Government of the North Carolina General Assembly.”

The investigation could lead to the filing of articles of impeachment against Secretary of Sate Marshall.

Last week, American Lens reached out to Rep. Millis for more details about potential misleading statements by Marshall and possibly her staff, but a response has not yet been received.

Marshall Responds

Secretary of State Marshall responded in a tweet from the Secretary of States official account. The tweet linked to the official statement which reads:

“I strongly oppose today’s House Rules Committee resolution and I reject
Representative Millis’ claim that any state or federal laws were broken by this Department.

Elaine Marshall
Elaine Marshall – Image via YouTube

My Office has never commissioned a notary public on the basis of a DACA card. We have openly communicated with the General Assembly about our process.

We have always​ ​told the General Assembly that if they want to change the notary law, we will administer such​ ​changes. Not one single change has been sent to us to administer in this area.

The public should continue to have full confidence in the integrity of the more than
144,000 notaries public in North Carolina. Every single non-citizen we have commissioned as​ ​a notary public has presented appropriate federally issued work authorization documentation​ ​to qualify as a notary.

I can only conclude that this is a political attack and nothing else.”

From her campaign twitter account, Marshall posted an article from WRAL’s biased Editorial board, which called the investigation a, “21st century inquisition.”

Marshall campaigned in the 2010 primary as the, “liberal insurgent” against Cal Cunningham.  Marshall was backed by far left organizations such as Democracy America and MoveOn.org.

Democrats, Partisan Media Gin Up Narrative

Dan Blue (D-14) tweeted out his disapproval with a link to the partisan News and Observer’s editorial board article which called the investigation, “blatantly political.”

Rep. Darren Jackson (D-39) followed suit and retweeted the same article.  So did Senator Jeff Jackson (D-37), calling it, “nonsense.”

The News and Observer’s article mentioned two rulings stating one does not have to be a legal U.S. citizen.  They’re correct on those rulings – sort of.

To become a Public Notary in North Carolina, you must be 18 years old, reside in the state or regularly conduct business in North Carolina.

One must also legally reside in the U.S. and must also be able to read, write, and speak English.

Applicants must also have a high school diploma, or equivalent. They must keep the most recent Notary manual approved by the North Carolina Secretary of State. Those applying must have no less than 10 years since being incarcerated, put on probation or parole.

You do need to legally reside in the U.S. and the state in which you apply for the position.  DACA card holders arguably are not legal residents.

No democrat or alleged media outlets to date appears to be concerned that Marshall very well may have violated the law or that illegal aliens are administering legal certification on important documents.

Governor Roy Cooper has not yet issued a statement or opinion on the matter.

The Back Story

In March, Representative Chris Millis (R-Pender) raised the issue that Marshall was granting notary public commissions to individuals who are not legal residents of the United States.

Millis penned a letter demanded Marshall’s resignation over her actions. Marshall had been using DACA cards as proof of citizenship to grant the commissions.

“DACA is not federal law,” he wrote in the letter.

Millis said after a review of the documentation, among multiple other problems Millis found about 350 DACA cards accepted by Marshall’s office in lieu of Green Cards.

Read: NC Secretary of State Elaine Marshall Granted Notary Public Commissions to Illegal Aliens

Marshall and her office maintain that the public notary commissions have been granted lawfully.

What Is DACA?

DACA  stands for Deferred Action for Childhood Arrivals.

DACA is not a law passed by Congress. It is an Executive Directive that was given by President Obama on June 15, 2012 and subsequently implemented by the Dept. of Homeland Security the very same day.

DACA is program which allows certain illegal aliens who entered the US as minors to receive a renewable two-year period of “deferred action” from deportation and also makes them eligible for work permits.

Criteria for requesting a DACA card:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
    Had no lawful status on June 15, 2012;
  5. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  6. Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

According to the Dept. of Homeland Security’s memorandum on the subject, “Deferred action does not provide lawful status.”

Marshall is not alone in her use of DACA cards for legal purposes.

In 2013, the North Carolina Attorney General’s office under Roy Cooper pushed for the use of DACA cards as a legal means for illegal aliens to obtain a state driver’s license.


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