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Board schedules preliminary meeting on Eden election protest; county attorney recusal noted
Summary
The board set a preliminary consideration meeting for an election protest from the city of Eden and was informed the county attorney will not advise the board on matters involving the protest because of a potential conflict; staff will contact outside counsel for the Thursday meeting.
Elections staff told the Rockingham County Board of Elections on Nov. 18 that an election protest from the city of Eden was received and that the board must hold a preliminary consideration meeting within two days under state law.
Miss Seamster said the protest packet and procedures guide were distributed and cited GS 163-182.10 as the governing statute. The board tentatively scheduled a preliminary meeting for Thursday at 10:00 a.m. so staff can send the required notice; staff said the meeting notice must go out the next day.
The chair informed members that the county attorney indicated he would not represent the board in matters involving the protest, citing a potential conflict because a county commissioner is a family member of one of the candidates. "He would no longer be advising this board," the chair said, and directed staff to contact outside counsel (named Brian in the transcript) to attend the Thursday meeting and any subsequent hearings.
Staff explained that, if the board finds probable cause at the preliminary meeting, an evidentiary (quasi-judicial) hearing must be held within seven business days (adjusted for holidays), with recording arrangements to preserve the record for the State Board of Elections.
