LUMBERTON — James Worley was declared Thursday a legal candidate for the Precinct 5 seat on City Council.
The unanimous decision was made by the three-member Robeson County Board of Elections at the end of a two-hour hearing at the board’s office at 108 W. Elizabethtown Road in Lumberton.
A 63-page residency challenge filed by incumbent Precinct 5 Councilman John Cantey was dismissed after a recess to discuss election law. The case hinged on whether or not a 30-day residency requirement is mandatory before the candidate filing period or before the Nov. 7 municipal elections.
The Board of Elections found that Worley needed to be a resident 30 days before the election on Nov. 7 to be a qualified candidate. In a separate vote, the board found that Worley was a legal registered voter in Precinct 5.
“If you had been required to be a resident 30 days before filing as a candidate, you’d have been clipped,” said board member Tiffany Powers. “We have evidence he was living in the home on Oct. 7.”
The hearing was held on the first day of early voting for municipal elections. Voting at the Board of Elections office was relatively heavy, with 348 voters casting ballots.
Cantey provided court documents and utility bills that showed Worley claimed his residence is 2618 McPhail Road in Precinct 3 as late as September, and that he used little water or electricity through September.
Worley said that he is separated from his wife and family and has moved to 808 E. Ninth St., which is his family home, and in Precinct 5. He said he evicted his sister from the home in early July and paid several years of back taxes on the property on Monday.
“The reason I did not use much water is that I don’t often use the bathroom in the house,” Worley said. “I did not have a washer, dryer, dishwasher, refrigerator or other appliances plugged in.”
Worley, who owns more than a dozen rental houses in the neighborhood, said he has not filed for divorce.
“There is no law requiring a husband and wife to live in the same house. Things are better this way,” he said.
“I intend to stay at the Ninth Street residence,” Worley said. “Photos show that I have been living in and working on that house.”
The Board of Elections was unable to locate Worley through regular or certified mail at the Ninth Street address, and he failed to appear at a preliminary hearing a week ago. The board directed its director, G.L. Pridgen, to contact Worley in person.
“I met him at the home on Ninth Street,” Pridgen said. “That was after we talked by phone.”
The hearing required sworn testimony, and only Cantey and Worley testified. An official transcript was recorded, and County Attorney Patrick Pait attended and helped interpret the law.
Board Chairman Steve Stone said the timeline of residency is all that matters and whether or not Worley is a legal registered voter in Precinct 5.
Worley filed as a candidate on July 20, two days after he changed his voter registration. He said he filed as a candidate because the city refused to cut down trees at his rental properties.
Sammie Love is a third candidate in the race for the Precinct 5 seat. He also attended the hearing. Cantey has held the seat since being elected in 2005.
