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Mark Harris is expected to take the stand soon in the fourth day of the #nc09 hearing. Should be a long day of testimony. 
His wife said last night that they had to drive back to Charlotte for him to receive IV antibiotics, then come back this morning (3 hours each way).
We're underway. The @NCSBE attorney says they received new evidence at 9 p.m. last night from @MarkHarrisNC9 campaign.
Attorney Josh Lawson says they believed the Harris campaign produced all of the relevant evidence, but said last night they have not. Dispute was over how far back to go (before July 2017 or not).
The board got new texts last night from Mark Harris about McCrae Dowless.
"None of them were produced by his committee at all," said Josh Lawson. #NC09
"None of them were produced by his committee at all," said Josh Lawson. #NC09
Board attorney says @MarkHarrisNC9 only turned over emails from his son as evidence 15 MINUTES before it appeared his son would testify yesterday.
“It was only after there were indications yesterday that John Harris was going to take the stand, 15 minutes before that," he says.
“It was only after there were indications yesterday that John Harris was going to take the stand, 15 minutes before that," he says.
McCready attorney Marc Elias criticized the “miraculous” timing of the new documents revealed and asked the board to infer “consciousness of guilt” on Harris’ part. #NC09
"You know the political and financial connections better than anyone else I would know, including the guy whose absentee ballot project for Johnson could have put me in the US House this term, had I known, and he had been helping us." #nc09 - Harris asking about Dowless in '17
"We're in the 3rd day of a 1-day hearing and records are still being produced that are explosively important," Marc Elias says. #NC09
Elias appears furious, and compares @MarkHarrisNC9 campaign withholding documents to a game of 3-card monte
"It is a representation of counsel that he got a subpoena...and he did not endeavor to search the campaign manager's records...he didn't bother to ask the campaign manager," Marc Elias says. #NC09
@MarkHarrisNC9 campaign attorney says they did not do a full search of his campaign manager's records for emails/texts.
In response, Elias says the @McCreadyForNC team might expand their witness list...
Board member says it's a "disgrace" that @MarkHarrisNC9 campaign didn't provide emails from Harris to his son, John Harris. #NC09
Board member pointedly says John Harris, @MarkHarrisNC9 son, set an example yesterday, and was very truthful.
And we're on a short break...
Letter from @NCSBE attorney to @MarkHarrisNC9: "The timing of your disclosure raises significant and material concerns regarding the committee's compliance prior to, and now during, the hearing."
With the suggestion of more witnesses and a longer hearing, we get into some timing issues...this is a part-time board with regular day jobs, most of whom live hours away. They were expecting 3 days max - this thing could easily go through next week at this pace. #NC09
And we're back...Elias is introducing press releases from Harris campaign saying he supports full investigation. He mocks "the campaign manager who didn't work for the campaign."
"If only people could avoid complying with subpoenas by misclassifying employees as contractors, no corporation in America would ever have to comply with a subpoena," Elias says, criticizing campaign for not searching key employees' records. #NC09
Elias says he'll subpoena all of Harris' key employees to testify (campaign manager, field director, etc). They were classified as independent contractors for Red Dome Group, a consultant, not campaign employees.
"We may run out of time this week and out of a place to hold these hearings," Bob Cordle says. Wants to discuss everyone's schedules for "if we have to go beyond this week." #NC09
MARK HARRIS taking the stand.
Harris on the stand (Via @WRAL)
"I'm well, thank you...a long trip and a short night," he says of his quick jaunt to Charlotte for IV antibiotics last night.
Harris is detailing how he met McCrae Dowless. He says his friend Judge Marrion Warren introduced them.
"I said who is McCrae Dowless?... He was a good ol' boy who ate, slept and drank politics."
"I said who is McCrae Dowless?... He was a good ol' boy who ate, slept and drank politics."
"He said Todd Johnson didn't beat you. McCrae Dowless and his get out he vote program did," @MarkHarrisNC9 said he was told after 2016 race. #NC09
He met McCrae Dowless at Ray Britt's furniture store in Bladen Co. Chairman of local GOP was there too. #NC09
"We were sitting in the showroom of the furniture store. Sat on some couches there," says @MarkHarrisNC9
"Donald Trump had carried their county in 2016," @MarkHarrisNC9 says of the red wave sweeping rural NC. But they didn't just credit Trump: "A lot of that is owed to McCrae Dowless, and the work he's been doing."
"I said what makes you so special?" Mark Harris says. "He began to explain to me (about absentee ballot program)."
"It was very labor-intensive...There's lots of folks that would fill out an absentee ballot request form," said Harris. "That's phase one. Phase 2 is the actual absentee ballot follow-up."
Two people would follow up and go "assist" voters, talk to them about candidates, witness their ballot, and "urge them to get it in the mail as soon as possible."
"I'll never forget, he said it again and again,' said Harris. "He said we don't take the ballots."
"Did you ever get to a point where you understood what he was paying his workers to go back?"
"I did not," Harris says.
"I did not," Harris says.
"I encouraged Andy (Yates) and told Andy I wanted to use McCrae Dowless," said Harris. He says Andy Yates worked out his payments - directly contradicting Yates, who said Harris set it all up before.
"Andy negotiated that type of fee structure with him, and I agreed to it."
"Andy negotiated that type of fee structure with him, and I agreed to it."
Harris says he doesn't recall asking if this was the same "program" Dowless used for his rival in 2016 primary.
"I don't recall," he says.
"I don't recall," he says.
After the April 6 meeting with McCrae Dowless, Harris talked to his son the next day. John Harris testified that he warned his dad McCrae could be crooked.
Harris says he called his son to ask what he thought about McCrae and his "program"
"John's reaction...he said dad, you need to make sure and understand all of the aspects of this," Harris says. His son emailed him specific criminal statutes about collecting absentee ballots in response.
"Based out of what came out of that meeting...I'm convinced it all comes down to relationships. I just think the relationships (Dowless) has with people throughout their community," would lead people to fill out/send in absentee ballots for him. #NC09
His son John Harris told @MarkHarrisNC9 directly that McCrae was likely collecting ballots.
"I shared with him again based on what I was hearing that I didn't sense that," said Harris.
"I shared with him again based on what I was hearing that I didn't sense that," said Harris.
"When you received this email (saying ballot collection is a felony) what questions did this answer for you?" state attorney asks Harris.
"Would it be operating within (the legal realm)?" Harris said he wanted to know about McCrae's ballot collection program.
"I wasn't that familiar with absentee ballots myself," Harris said.
Harris' son wrote to him on Apr. 7, 2017: “The key thing that I am fairly certain they do that is illegal is that they collect the completed absentee ballots and mail them all at once." #NC09
"My son was a bit prophetic in his statement that day," (About being comfortable if all of Dowless' actions were broadcast on the news) Harris says.
Harris said that he wanted to "tie down" Dowless in case another candidate wanted to run in 2018 and use him as well.
Harris said it took a long time to decide to run in 2018, because he would resign his pastoral job at First Baptist Church.
"It was the biggest step of faith," he said.
"It was the biggest step of faith," he said.
Harris said he didn't ask other Bladen County politicians if Dowless collected ballots illegally.
"McCrae had been so clear I didn't think it was necessary," he said. #NC09
"McCrae had been so clear I didn't think it was necessary," he said. #NC09
"It would have been illegal if he told you he was collecting ballots," a state investigator presses.
"He was 27 years old...but he was looking simply at data that he was doing," Harris says of his son's warning. "He knew that his dad was weighing out this thing. He had never been to Bladen Co. He had never met McCrae Dowless."
@MarkHarrisNC9 says he never asked anyone in Bladen Co. if Dowless was legit, or sought formal legal advice about the absentee ballot program.
Pressed on if paying workers per ballot request they collected was a bad arrangement, Harris admits: "Perhaps."
Mark Harris' first payments to McCrae Dowless were to "Patriots For Progress," an independent expenditure PAC - which are barred from working with candidates directly.
"No. I was not aware of that," @MarkHarrisNC9 says of that.
"No. I was not aware of that," @MarkHarrisNC9 says of that.
Harris denies Dowless was hired as a subcontractor to Red Dome consulting to provide a layer of "insulation" between him and the campaign.
"It was not to set McCrae apart," Harris says. Instead was to simplify bookkeeping, etc - all campaign staff would work for Red Dome, not Harris.
"I felt as a team, Andy was our leader," Harris says of Andy Yates, Red Dome Group owner.
"I did think it was important that if McCrae was going to be willing to work and do this program, we get him engaged and committed," Harris says of retaining Dowless before even hiring his campaign staff. #NC09
"I wanted Andy to meet with him and make sure everything looked good," @MarkHarrisNC9 says of his campaign consultant and McCrae. "I did express to Andy that I wanted him to hear. More than one ear on what McCrae did was going to be helpful."
"Had Andy come back to me and said...he's telling me he's collecting ballots, Andy would have said we can't do this," says Harris. But he never told Yates directly that his son was worried Dowless collected ballots. #NC09
"As the campaign got more and more intense...I probably did not take as active a role in going over every one of those invoices Red Dome would send," Harris says of his campaign expenditures and why they weren't tracked closely. #NC09
"I assumed Andy was taking care of that," he says.
"I did not know it was simply word of mouth," says @MarkHarrisNC9. "I was not aware he didn't have records of that."
"When you talk to the people who work for McCrae Dowless...they talk about the two phases of the program...having a different pay structure," @NCSBE director asks. "They knew they would only get paid if they collected the ballot."
"You can see the requests that come in - it's still gonna be way under the amount that this whole collection process is," Strach asks Harris. "Did you not think the workers got paid for that part of it? (Going back and witnessing ballots)"
"I did not know what the structure would be," or who got paid what, @MarkHarrisNC9 says. #NC09
"I did not get involved in that aspect of the program," Harris says. 12 minute break now.
Board is back. Chair Cordle says there are more "legal matters" and a "document being transferred here," but proceed with questioning of Mark Harris.
@MarkHarrisNC9 says he never raised his son's concerns about Dowless collecting ballots and delivering them in batches with Dowless. #NC09
"Did you know if Mr. Dowless was working with Jeff Smith?" Strach asks Harris, pointing out that checks Harris sent to Patriots for Progress were endorsed by Smith. "I did not," says Harris, though he learned the men had a falling out over the sheriff's race.
Strach is now referencing an earlier note that referenced "picking up existing ballots unsealed," allegedly left by Jeff Smith at Dowless' house.
Harris said he heard about that meeting and that McCrae left when people started talking about collecting ballots.
"When he heard that, he got up...and left the meeting," said Harris.
"When he heard that, he got up...and left the meeting," said Harris.
Harris said McCrae told him that he was in a meeting where Jeff Smith mentioned ballot collecting.
"He was just at a meeting with a group of people," said Harris. "And that he wasn't going to participate."
"He was just at a meeting with a group of people," said Harris. "And that he wasn't going to participate."
Asked if he heard about that meeting from McCrae after media reports about Jeff Smith - which would be after the investigation started - Harris says he can't remember.
"After Nov. 27...did Mr. Dowless reach out to you?"
"He did," @MarkHarrisNC9 says.
"He did," @MarkHarrisNC9 says.
"He said this is a setup," said Harris. "That was his thing, that this was a setup...He said the truth will win out." #NC09
"Did you ask him did you collect ballots?"
"We had been wrapped up in orientation things. I had not followed the news," said Harris. "It was after that time I found out what was being said."
Says he didn't talk to McCrae after Dec. 3.
"We had been wrapped up in orientation things. I had not followed the news," said Harris. "It was after that time I found out what was being said."
Says he didn't talk to McCrae after Dec. 3.
"I don't recall if I had any missed calls after that time or not," said Harris. "We didn't even connect here. He was at the back and I was up here."
"Are there things that now would have been red flags to you?" @NCSBE director asks.
"Yes. It's very concerning, and I would have obviously never gotten into this," @MarkHarrisNC9 says. #NC09
"Yes. It's very concerning, and I would have obviously never gotten into this," @MarkHarrisNC9 says. #NC09
State questioning of Harris is over. Cross examination next.
"I did not ask him to do a background check" Harris says of McCrae Dowless. He didn't know about Dowless' felonies, he said.
Harris says he recommended McCrae Dowless' services to Charlotte City Council candidate Pete Givens. Read details on that from our December story here: charlotteobserver.com/news/politics-… #NC09
Mark Harris paid Patriots for Progress, the independent expenditure PAC from Dowless, by personal check.
Harris text message asking friend to set up a meeting with McCrae Dowless. #NC09
"I lost by 134 votes," Harris points out about 2016 race.
"It was more or less to say man, we're working hard down here. A lot of times it wasn't specific updates," @MarkHarrisNC9 says of frequent calls from Dowless. "As a minister for 30 years, in some ways I felt like I became a ministerial figure, a pastoral figure."
"How could I not have known this?" @MarkHarrisNC9 says of his reaction to learning Bladen Co. has a long history of ballot fraud, and Dowless had been implicated in that.
Harris said he learned by accident that his son was going to testify at 11 p.m. the night before. His younger son told him: "I don't know if I should tell you but I don't want you to be shocked. John has been subpoenaed...and will be testifying." #NC09
Harris admits he had "bitterness" about losing in 2016 by 134 total votes, when the 3rd-place finisher got 221 absentee votes in Bladen County by employing McCrae Dowless. #NC09
"I was bitter and frustrated," Harris says.
@MarkHarrisNC9 is being questioned about a 2016 email he sent where he quipped Dowless "didn't like the Dems cutting into his business" after allegations of voter fraud in Bladen. He attributes it to frustration.
"You've stated openly, regularly that no one raised any concerns," Jeff Carmon, Board member, asks @MarkHarrisNC9 about son's contradictory testimony.
"I viewed John's emails and conversations with my son as family conversation," @MarkHarrisNC9 replies.
"I viewed John's emails and conversations with my son as family conversation," @MarkHarrisNC9 replies.
"I knew John had never been down to Bladen County," said Mark Harris of his son's warnings. "I did not consider John's to be a warning that this was a problem...I just believed he was overreacting." #NC09
"He would go back and say but if it's done this way, it's OK," said Mark Harris. "No sir, I didn't take it as a major warning of 'danger ahead.'"
"It was painfully clear to me that your son was saying dad don't mess with this guy. It's painfully clear," @NCSBE board member Jeff Carmon says. "He said if this goes left instead of right, will you be able to handle what comes out in the media? That's beyond a red flag."
"That was your son, with no ax to grind, who wanted to make sure you were protected," Carmon says.
"I'm his dad, and I know he's a little judgmental, and has a little taste of arrogance," @MarkHarrisNC9 says of his son's warnings and why he disregarded them.
"So you just wanted to win," board member Jeff Carmon says. "You didn't take one step to see if the ballots had been harvested previously." #NC09
Cross exam starting now...
Sudden stop to the hearings as the board breaks to convene in chambers with counsel, at counsel's request.
Still waiting for the hearing to recommence after lunch break...
The board reconvened, but only to vote to go into closed session - out until at least 2:30 p.m. now. Not sure what the discussion is, but his follows a lengthy meeting with counsel during lunch.
And we're back. Mark Harris is about to make a statement...#NC09
"It's been brought to my attention that I talked to my younger son...about the fact that I did not think John's emails would be part of this hearing...I was obviously incorrect, and I apologize wholeheartedly," says Harris.
Harris says he had two strokes in January and is "struggling" to get through hearing.
"I believe a new election should be called" #NC09 !!!!!!!!!!!!!! Harris says
After that bombshell, we're now reviewing the layout of the Bladen County board of elections building and where doors, other offices, VA office were. #NC09
Looks like the state will introduce all of their remaining exhibits into evidence before any action. #NC09
BREAKING - Mark Harris suddenly calls for a new election in the 9th District, leaves hearing charlotteobserver.com/news/politics-… (full story here) #NC09
The state board staff has finished their evidence. Now @McCreadyForNC attorney is entering exhibits into evidence.
This was a stunning reversal for @MarkHarrisNC9, who had previously insinuated the whole thing was a liberal/media conspiracy to get him and steal the seat. #NC09
Marc Elias is formally asking the board to call a new election in #NC09
Hard to overstate how much of a reversal this is. At NC GOP executive meeting recently, Harris said statements such as: "The Democrats and liberal media have spared no expense disparaging my good name" and called allegations "unsubstantiated slandering." #NC09
Dallas Woodhouse is now speaking: "In Mr. Elias' questioning of John Harris...he made a statement of fact I was informed of the word fraud...I would like it noted for the record I do not believe that happened." #NC09
Marc Elias asks for that to be stricken or Woodhouse put under oath.
"We'll let it go in the record, for what it's worth," Board chair Cordle says.
"That's fair," Elias says.
"We'll let it go in the record, for what it's worth," Board chair Cordle says.
"That's fair," Elias says.
The board is closing its hearing now. Getting ready to vote.
"This has been a very trying hearing for Dr. Harris...the actions that occurred in Bladen County cast a huge pall and taint," @MarkHarrisNC9 lawyer says. But he adds that he does not believe Harris knew of the ballot-harvesting scheme.
"The board will start its deliberation at this time," Bob Cordle says.
"The taint didn't come from the side of the Harris campaign alone," says board member Ken Raymond, a Republican. #NC09.
"It certainly was a tainted election," he says, and says the results are all tainted. "The people of North Carolina deserve a fair election."
"This is the best meeting room we've ever had," Bob Cordle says after the vote, complimenting the facilities.
The board will set a schedule for the election in the coming weeks. Meeting adjourned. THAT'S ALL, FOLKS. #NC09
Updated story --> @NCSBE votes unanimously for a new election in #NC09
charlotteobserver.com/news/politics-…
charlotteobserver.com/news/politics-…
@NCDemParty statement on the #NC09 new election: "North Carolina Republicans, following Mark Harris’ lead, repeatedly lied to the people of the Ninth district, silenced their voices, and undermined our entire state’s faith in our democracy."
