Raleigh — When the North Carolina State Board of Elections was dragged into a federal fight over on-campus early-voting sites this winter, Executive Director Sam Hayes did not wait for a board huddle. On Feb. 4, 2026, he signed a conflict waiver and brought in Nelson Mullins partner Phillip Strach to represent the board in court. Two Democratic board members say they only learned about the hire after the fact, and invoices later obtained by reporters show the board ultimately paid roughly $70,524 for the firm’s work.
According to The News & Observer, the waiver Hayes signed on Feb. 4 said the board’s consent would “waive any and all conflicts on behalf of other firm clients,” clearing Nelson Mullins to represent the State Board of Elections even though the firm had previously been involved in litigation against it. The paper reports that invoices provided to its newsroom list $70,524 in payments to Nelson Mullins. Democratic members Siobhan Millen and Jeff Carmon told The News & Observer they were blindsided by the move and worried about how the arrangement would look given the firm’s past work.
Court records line up with that timeline. the federal docket shows Strach filed a notice of appearance for the board on Feb. 4. It also records a Feb. 5 hearing and a Feb. 8 order from U.S. District Judge William Osteen denying the student plaintiffs’ motion for a preliminary injunction. The students later pulled the plug on the case, with a notice of voluntary dismissal filed on Feb. 15.
Phil Strach's courtroom resume
Strach is a veteran election lawyer at Nelson Mullins with a long track record in high-profile voting and redistricting fights on behalf of Republican-aligned clients. Court filings and public briefs list him as counsel in multiple contested election battles, and public documents show him involved in national election litigation as well. The broader post-2024 legal climate around elections in North Carolina, including headline-grabbing challenges that tried to toss out tens of thousands of ballots in a 2024 Supreme Court race, has made the choice of counsel a political storyline in its own right. AP and court dockets have chronicled those clashes.
How the board could hire outside counsel
The State Board’s ability to reach for private lawyers like Strach instead of relying solely on the attorney general’s office flows from legislative and budget moves made in late 2024. Reporting shows Senate Bill 382 reshaped how control over the board is structured, and lawmakers shifted money in interim spending packages to give the agency its own litigation resources. Policy tracking of the so-called mini-budget process indicates roughly $1.5 million was carved out for the State Board of Elections for future legal fights, with reporting and budget summaries flagging those changes. Carolina Journal and budget documents reflect both the structural overhaul and the funding boost.
Board reaction and what's next
For the Democratic members, the hire landed as a double hit: no heads-up about outside counsel and a lawyer whose past work has been closely tied to Republican interests. They say that combination raises transparency questions and fuels the perception of a conflict, even if the waiver made it technically permissible.
A State Board spokesperson confirmed that members were not consulted before Hayes brought in Strach and said the attorney has not been retained for any additional matters beyond the on-campus early-voting case. If fresh election suits or appeals surface, the episode is likely to force a choice all over again about whether the board leans on the attorney general’s office or keeps tapping outside counsel for the state’s most politically charged election battles.
