LUMBERTON — A recent court ruling concerning the state Board of Elections has left Lumberton leaders trying to hold a special election without a proper oversight body.

“Yes, county boards have been dissolved and likely won’t be reappointed until some time after Jan. 31,” Patrick Gannon, a state elections board spokesman, said Friday.

That is two days after the city is scheduled to hold an election for two vacant seats on the council.

A state District Court ruled on Dec. 27 that the state Board of Elections be dissolved because the 2016 law that established its makeup was unconstitutional. A new law allowing the board to be reconstituted in its pre-2016 form does not go into effect until Jan. 31.

“Which is not a problem in the other 99 counties that are not having special elections,” said Steve Stone, chairman of the now-dissolved county Board of Elections.

Stone said there is no county elections board to organize and oversee the Jan. 29 election or to certify the results.

Stone recently contacted the state board and asked for clarification and guidance.

“They don’t know,” Stone said

At the very least, the state board’s director should issue an executive order authorizing the county board to remain in existence to oversee the special municipal election and certify the results, he said.

No such order had been issued as of Friday afternoon.

But even if an order were issued, the state Board of Elections would need to certify the Jan. 29 results, Stone said. The new law reinstating the state board does not go into effect until Jan. 31. Then the board members must appointed and hold organizational meetings before it can begin to perform its duties, including appointing local elections boards, meaning it could be months before the results of the Jan. 29 elections are certified.

Regardless, the city plans to move forward with the election to fill the precincts 3 and 7 City Council seats, said Holt Moore, city attorney. But, the results would be on hold until state and county elections boards are in place, meaning the seats would remain vacant.

“I would think we could not swear anybody in until the results have been certified,” Moore said.

The Precinct 3 seat was left vacant when Burnis Wilkins resigned to assume his duties as county sheriff. The Precinct 7 vacancy was caused by the death in July of Leon Maynor.

In the absence of a county elections board, more voting sites will be used than previously planned, according to Moore. Only a county elections board can approve a resolution saying eligible voters can cross precinct lines to cast ballots. The lack of a resolution means a voting site must be established in each precinct, raising the total voting places from two to seven: two in Precinct 3 and five in Precinct 7.

More polling sites may mean the election will cost the city more than the original estimate of $8,000.

“I would think there would be additional costs with opening up the additional sites,” Moore said.

There is no early voting, which will save the county about $13,000.

Only two candidates have filed for the special election: John Carroll for Precinct 3 and Eric Chavis for Precinct 7.

There is the possibility of write-in candidates, Stone said.

Stone
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Moore
https://www.robesonian.com/wp-content/uploads/2019/01/web1_Holt-Moore.jpgMoore

T.C. Hunter

Managing editor

Reach T.C. Hunter by calling 910-816-1974 or via email at [email protected].