RALEIGH
Contradicting his father, the son of Republican Mark Harris testified Wednesday that he told his father as early as 2017 he had concerns about a political operative hired to run an absentee ballot campaign in Bladen County.
The testimony from John Harris contradicted suggestions by Harris and his campaign that they’d seen no red flags about McCrae Dowless, who is now at the center of allegations into voting irregularities in the 9th Congressional District.
John Harris’s often dramatic testimony came on the third day of a hearing by North Carolina’s State Board of Elections that could decide the nation’s last unresolved congressional race and has drawn national attention.
Mark Harris, sitting next to his wife, began crying as he watched his son’s testimony.
John Harris, an assistant U.S. attorney, said he warned his father in April 2017, a day after Harris had hired Dowless to run an absentee ballot program in Bladen and Robeson counties. The younger Harris said he made his warning after examining absentee ballot data from the 2016 election. He said his father had told him McCrae assured them he operated legally.
“They believed what McCrae had assured them,” Harris testified. “I didn’t because I had done a deep dive into the numbers.”
Earlier witnesses have testified that Dowless paid them to collect ballots — a felony — and even filled out some absentee ballots himself. John Harris said he noticed that absentee ballots from the 2016 primary had come to Bladen elections officials on the same day, evidence to him of “batching,” that is, collecting and mailing groups of absentee ballots.
He had also noticed an odd pattern in the 2016 GOP primary. In Bladen County that year, Todd Johnson received 221 mail-in absentee votes to four for Mark Harris and just one for incumbent Rep. Robert Pittenger.
John Harris said he thought it was a counting error at first, but learned in a conversation with his father later that night that someone was working absentee ballots in Bladen County for the Johnson campaign.
Harris said he spoke to his father by phone on April 7, 2017, a day after the candidate hired Dowless.
“I told him that collecting absentee ballots was a felony,” John Harris said, “and I would send him the statute that collecting ballots was a felony.”
That same night he emailed his father a statute that made such action illegal. He also emailed his fears abut Dowless, saying he believed the Bladen County operation was on “thin ice.”
“They key thing I am fairly certain of they do that is illegal is they collect the completed absentee ballots and mail them all at once,” he emailed his parents.
In still another email that night, he said, “Good test is if you’re comfortable with the full process he uses being broadcast in the press.”
Mark Harris is expected to testify Wednesday afternoon; his attorney said Tuesday he would take the stand and answer questions. “He has absolutely nothing to hide,” said Alex Dale, one of Harris’ attorneys.
Harris has said he had no warning that Dowless’s operation was illegal. In interviews since the election, he said no one had raised red flags.
“You know I guess you could say I almost took on a pastorly role to McCrae Dowless,” Harris told WFAE. “I found him to be a very enjoyable man who I chatted with, and again, everyone that I had talked to seemed to respect him and seemed to love him. I had no reason to think otherwise.”
Harris leads Democrat Dan McCready by 905 votes in unofficial returns. The five-member board could certify his election, vote to hold a new election, or deadlock, leaving the outcome uncertain. The U.S. House has the final say over who is seated.
John Harris’ testimony followed that of Andy Yates. The chief consultant for Mark Harris’s campaign, Yates heads the Red Dome Group which paid Dowless more than $131,000 during the campaign to turn out the vote. Yates said that no one ever raised concerns about Dowless.
“Based on what he (Dowless) told me, I had no reason to believe he was running an unlawful absentee ballot program,” Yates testified Wednesday.
But John Harris, who had voluntarily turned over his emails to board investigators, said he had warned Yates in 2017. “This McCrae guy, seems like he might be a shady character,” he recalled saying.
Yates testified earlier that he did not recall having a conversation with John Harris about concerns with Dowless. “If that conversation happened, I do not recall that ever happening,” Yates said.
He said Mark Harris hired Dowless before hiring him. Yates said Harris told him Dowless had “minor” criminal issues resulting from a divorce, Yates said.
Yates said he doesn’t conduct criminal background checks on vendors or contractors with the campaign. He did a cursory Google search on Dowless with his name misspelled and also searched on a court records website. Among the charges he saw were assault on a female.
Yates said he considered that charge a misdemeanor and in line with information he had received about Dowless. Yates said others, including former judge Marion Warren and elected officials in Bladen County, had vouched for Dowless.
Dowless, an elected official in Bladen County,
is a convicted felon. He was convicted of fraud and perjury in the 1990s. Yates testified that he would have refused to work with Dowless and would have encouraged the Harris campaign to fire Dowless if he were aware of those charges.
During Yates’ testimony, an attorney for McCready showed a transcript of that 2016 hearing, along with transcripts from an NPR program on the 2016 hearing and Dowless. Marc Elias, the attorney for McCready, also read portions of a transcript from a recent Harris TV interview in which Harris described part of Dowless’ procedure for mail-in absentee ballots.
Yates testified that he was surprised by Harris’ description of the procedure, particularly a part about providing assistance to voters.
At the hearing’s opening, state board executive director Kim Westbrook Strach said investigators had uncovered “a coordinated, unlawful and substantially resourced absentee ballot scheme operated during the 2018 general election in Bladen and Robeson counties.”
John Harris said his parents believed Dowless’s assurances that his operation was totally legal.
“I think they were lied to and they believed the person who lied to them,’ he said.