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Person County commissioners table decision on whether absent member's seat is vacant
Summary
Following disclosure that Commissioner Tracy Alexon filed a court document listing Virginia residency, Person County commissioners debated declaring his seat vacant but voted 3-1 to delay a final decision until the May meeting after attorneys can review.
Person County commissioners on April 21 debated whether to declare the seat of absent Commissioner Tracy Alexon vacant after learning a court filing lists him as a resident of Virginia, but the board voted to delay a final decision until its first May meeting.
The board first discussed whether Mr. Alexon’s sworn court filing, which the county attorney said listed Alexon as a Virginia resident, created a legal disqualification from office. County Attorney T.C. Morphis Jr. told commissioners he had been informed of a filed document indicating Alexon “is listed as a citizen and resident of the state of Virginia.” Morphis said Alexon told him he remains a Person County resident and that Alexon’s attorney may amend the court filing.
That uncertainty prompted Commissioner Wilburn to move that the board vote to declare the seat vacant, citing constitutional and statutory provisions about eligibility to hold office. Wilburn cited guidance from the UNC School of Government and referenced North Carolina’s constitutional provision that “any person who is not quite qualified to vote in an election for that office” is disqualified. After discussion the initial vacancy motion resulted in a 2-2 split and did not carry.
A subsequent motion to table the matter until the first meeting in May—so county attorneys could gather more information and discuss the matter with Alexon’s counsel—passed on a 3-1 vote. County Attorney Morphis said the board has options: declare a vacancy now; accept input from the local board of elections if a citizen files a challenge; or wait for additional filings or amendments from the commissioner’s attorney. Morphis also said the board could rescind a declaration of vacancy if new evidence emerged.
Commissioners discussed practical consequences of a vacancy or continued membership. Several members expressed concern that if Mr. Alexon votes while his eligibility is unsettled, those votes could be challenged in court and could put county actions — including budget votes — at risk. Wilburn noted Mr. Alexon missed key budget-related meetings, including the February retreat and the capital improvement plan presentation, and said the statutory replacement process could take 60 days or more, which could affect budget adoption timelines.
The board instructed staff to add the residency/qualification item to the agenda for its first May meeting and to seek additional legal information in the interim. No final factual determination about Alexon’s residence was made at the April 21 meeting.
