Hearing to probe election ‘anomalies’

by Della Batts
The Daily Herald Staff Writer
Published/Last Modified on Tuesday, November 17, 2009 12:29 PM EST

HALIFAX — Formal hearings will be held into allegations of wrong-doing in the Scotland Neck town elections. The Halifax County Board of Elections decided to issue subpoenas and hold hearings during an emergency meeting Monday.

Della Batts | The Daily Herald Halifax County Board of Elections’ Marilyn Harris, Mitchell Robinson and Ken Johnson found probable cause Monday in protests housed by candidates alleging voter anomalies in the Scotland Neck election. A hearing will be held sometime after Thanksgiving to look at the evidence.



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Friday, three candidates in the Scotland Neck election filed protests with the board challenging the results. Mayoral candidates James Mills and Raymond Watson are disputing their close race and town council hopeful Kenneth Branch wants the board to take a closer look at the votes in his case.

“There’s been a shadow cast and I think we need this process,” Board of Elections Chair Mitchell Robinson said after the board decided to go forward with hearings. Robinson said subpoenas will be issued and voters may also be called to speak in the proceedings expected to start after Thanksgiving.

The unofficial totals show Mills winning by a single vote 422-421. Branch failed to capture a town council seat by 15 votes, according to the first tally.

“The protests show probable cause,” said Robinson. The complaints say votes were erroneously counted. Additionally, the candidate claim in some cases, voters lived outside town or gave addresses of condemned, abandoned buildings or votes were counted when voters didn’t sign their registration card.

Robinson told Branch and Watson he required more information from them. “I want to know who was out there on election day, who was working and if they were paid,” He instructed candidates to bring any further allegations and evidence to the elections office by Thursday evening. “You can give any other information discovered relevant to this election,” he said. “I don’t want to hear a lot of petty stuff. Let’s move to the meat of it.” He also said precinct judges and workers will be questioned.

Robinson said expenses incurred in these hearings will be charged to the town, including attorney fees. Watson and Branch voiced some dissatisfaction, and asked if the county might bear brunt some of the expense. Robinson reminded them the town was charged in the last round of protests and hearings.

An attempt to certify the election results was scuttled earlier this week. At first the Board of Elections considered the ballots and declared Mills the winner by one vote, reversing the initial county. Then it rescinded the action and awaited the filing of complaints on Friday.

Robinson said the decision came after the board discovered it appeared a person who lives outside town had voted in the town election.

The state was consulted on the matter and the board was advised to rescind the certification. Robinson apologized he didn’t inform anyone about the anomalies. “I’m sorry for the way it was handled, but I’m not sorry we rescinded the certification,” he said.

Robinson wouldn’t go into any details on the situation, but said it would all come out through the hearings.

Two years ago, protests were filed in the mayoral election between Robert Parton and James Mills. The state said there was no cause for protest in appeal. “If you were in the last protest, this one will have a different feel to it,” said Robinson.

Robinson said information will be taken into account at the hearings and basically another canvass will be taken. He said this process could be repeated again and again; candidates are given opportunity to protest every time the results don’t suit them.

The board will meet at 1 p.m. Friday to consider its next step.

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