Article from "The Smithfield Herald"

Selma waging ballot battle

By JORDAN COOKE, STAFF REPORTER

SELMA -- In a last-ditch effort to spice up this year's election, the town is suing the Johnston County Board of Elections.

In a complaint filed Friday afternoon, the town claims the Board of Elections is unfairly rebuffing efforts by two would-be candidates.

On Aug. 5, the last day of the filing period, Charles Hester filed for mayor, and Tommy Holmes filed for a seat on the Town Council. The two filed their paperwork at Town Hall.

But under the rules, last-day filings must be done in the Board of Elections office in Smithfield, said Leigh Anne Price, deputy supervisor of elections in Johnston.

"Normally, when the filing process starts, candidates do have that option to file at their town hall," Price said. "But on the last day, candidates are supposed to be instructed to file here at the Board of Elections in Smithfield. In this particular case, the candidates filed in Selma before the noon deadline, but we did not receive their applications until after 4 p.m., four hours after the deadline had passed."

The Board of Elections disallowed the filings of Hester and Holmes because the deadline had passed, Price said. A third candidate, Jimmy Earp, also filed for council at the last minute but later withdrew.

If the town is successful in overturning the Board of Elections decision, Hester would square off against incumbent Mayor Harry Blackley in November.

Blackley said the town was at fault for failing to direct Hester and Holmes to the Board of Elections office. The board, he added, shouldn't hold that against the would-be candidates.

"The people that filed should be allowed to run," the mayor said. "Elections are important. The people of this town should decide who represents them, so all candidates who filed should be allowed to run if they so desire."

Town Manager Jeff White said he understood that the Board of Elections was simply following the law. Still, he said he hoped the board would overturn its decision.

"These candidates were under the impression they could complete their registration here in town at any time before the deadline and that it would be good," White added. "We in good faith accepted those, believing they would be valid, so this matter is something that we intend to continue to pursue."

In its complaint, the town is asking a Superior Court judge to overturn the Board of Elections' decision to invalidate the late filings. North Carolina law allows judges to overturn such decisions when appropriate.

Without court intervention, the complaint says, the town would essentially be "deprived of two faultless candidates that are ready, willing and able to run for political office."

"All we're asking for here is that two candidates be treated fairly," said Town Attorney Chip Hewitt noted. "They are not at fault, and the town is trying to remedy a mistake it made."

Hewitt and White will appear before the Board of Elections today (Tuesday) to ask the board to overturn its decision and declare the filings valid. Should their efforts fail, the town will take its case to court. A hearing on the complaint is tentatively scheduled for Aug. 29.

Herald Staff Reporter Jordan Cooke can be reached at 934-2176, Ext. 133, or by e-mail at jcooke@nando.com