The most recent North Carolina elections board chairman says he won’t be on a reconstituted board tasked with resolving the nation’s last undecided congressional election.

Democrat Josh Malcolm told The Charlotte Observer on Thursday he decided it was best he not serve. Malcolm was vice chairman in November when he made the motion not to certify 9th Congressional District results, citing alleged absentee ballot irregularities. The Republican Party has been criticizing Malcolm since.

The previous nine-member board ended in December. A new law creates a five-member board Jan. 31. Political parties are providing potential nominees to Democratic Gov. Roy Cooper, who makes appointments.

A judge Tuesday declined to certify Republican Mark Harris as the 9th District winner, leaving any action to the new board, which could order a new election.

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