Godwin election protest dismissed after board hears testimony about clerktexts

At a hearing of the Godwin Board of Elections, members dismissed an election protest filed by Dennis C. Smith Sr that alleged the town clerk sent text messages on election day urging voters to "keep the same" commissioners. The board concluded there was not substantial evidence that the clerkinfluence changed voters' intentions or the election outcome and voted unanimously to dismiss the protest.

Smith, who identified himself for the record and was sworn, told the panel he had received statements from at least two people saying the clerk had sent texts while at work. "She was texting people... during the time that she was at work," Smith said, describing a photo of a message he submitted as evidence and saying the message bore the clerk's number and a timestamp.

Several witnesses testified to having seen or been told about the message. Joseph Smith said he saw the text and that the protester had provided copies; Dr. Ira Wells said Anne Phillips showed him a message and that others had reported similar texts. Mayor Willie Burnett said he did not know "what was going on," and described hearing a fragmented phone conversation but not anyone being told how to vote.

Town clerk Jacqueline "Jackie" Cooper acknowledged she sent a message from her personal phone to two people while at the town hall. "I was sitting there and I said, well, let me do this. I got up, went into the bathroom, and that's when I made the text," Cooper testified, saying she used her personal phone during a short break and did not use a town-issued device.

Chair Linda DeBorde framed the board's review around North Carolina law on employee political activity and three factual questions: whether the clerk attempted to influence voters while on duty, whether voters relied on that influence to change their votes, and whether any changed votes would be enough to cast doubt on the result. The chair noted the fourth-place margin in the commissioners' race was five votes and that an influence of three voters could have affected the outcome.

After discussion, a board member moved that there was "not substantial evidence of a violation of elections law, irregularity, [or] misconduct adequate to support a conclusion that the results of the election were swayed," and the board voted unanimously to dismiss the protest. The chair announced the case was dismissed and adjourned the hearing at 10:53 a.m.

The hearing record includes the submitted text messages, witness statements, and live testimony; the board's order and any written findings will be entered in the official record of the Godwin Board of Elections.