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Home My WebLink AboutHCBOE Board Meeting Minutes - November 22nd, 2022 - Preliminary Consideration MeetingHARNETT COUNTY BOARD OF ELECTIONS PRELIMINARY CONSIDERATION MEETING NOVEMBER 22, 2022 5:00 P.M. Present were; Board Chairwoman Allison Fenderson, Secretary Lin Coker, Members: Lewis Bell, and via phone, Betsy McCormick and James Currin Also Present were; Director Claire Jones, Deputy Director Shannon Cole, County Attorney Chris Appel, Election Technician Jessica Higginbotham and Election Specialist Seth Lemon Also present: Election Protestors, Elizabeth and Alan Longman and; see attached sign in sheet Ms. Fenderson called the meeting to order at 5:18pm with a moment of silence and Pledge of Allegiance. Business: Mr. Appel began the meeting by discussing the purpose of the Preliminary Consideration meeting. As the Board, reviews each protest they must check if it meets four criteria in order to move forward to a hearing, per GS 163-182.10 1. Whether the protester has standing 2. Whether the protest complies with the form requirement 3. Was it timely filed 4. Does it establish probable cause of an outcome -determinative irregularity, violation of law, or misconduct The Board reviewed each protest thoroughly, see attached for the orders. Mrs. McCormick moved to dismiss Protest 1. Mr. Bell seconded. Approved without dissent Mrs. McCormick moved to dismiss Protest 2. Mr. Coker seconded. Approved 4-1 with Mr. Bell dissenting. Mrs. McCormick moved to dismiss Protest 3. Mr. Coker seconded. Approved 3-2 with Ms. Fenderson and Mr. Bell dissenting. Mr. Currin moved to dismiss Protest 4. Mrs. McCormick seconded. Approved 4-1 with Mr. Bell dissenting. With no further business to discuss, Mr. Bell moved to adjourn. Mr. Coker seconded. The meeting adjourned at 7:17pm. The next meeting of the Board will be a regular meeting on December 6, 2022 at 5:30 pm. Approved by: "'IP--4� - - Allison Fenderson, Chairwoman Lin Coker, Secretary j 2 - kc, 66V"AA� Betsy McCormick Member es rri ber L47is m er State of North Carolina _ Harnett Counq Board of Elections IN RE: Election Protest #1 by Elizabeth Longman) and Alan Longman for the Election for ) ORDER The Sheriff of Harnett County ) THIS MATTER came on to be heard at the duly noticed November 22, 2022 meeting of the Harnett County Board of Elections (hereinafter referred to as the "Board") for the preliminary consideration of four election protests filed by Elizabeth Longman and Alan Longman (hereinafter collectively referred to as the "Protestors") as required by § 163-182.10(a) of the North Carolina General Statutes. The Board addressed each protest separately and numbered them individually 1 through 4. The following persons were present at the hearing: Allison Fenderson, Chair of the Board, Lin Coker, Secretary, and Members Betsy McCormick, Lewis Bell, and James Currin. Harnett County Board of Elections staff in attendance included Claire Jones, Director, and Shannon Cole, Deputy Director. Upon review of the first election protest (hereinafter referred to as "Election Protest #1) filed November 15, 2022 by the Protestors, the Board finds the following facts and conclusions of law: FINDINGS OF FACT 1. On November 8, 2022, a general election was held in Harnett County, North Carolina, which included the election for the Sheriff of Harnett County, North Carolina. 2. The Harnett County Board of Elections conducted its canvas and declared the results of the election on November 18, 2022. 3. On November 15, 2022, Elizabeth Longman and Alan Longman filed Election Protest #1 with the Harnett County Board of Elections. 4. The Protestors are registered voters that were eligible to vote in the protested election contest. 5. Election Protest #1 was timely filed and substantially complied with §163-182.9 of the North Carolina General Statutes. 6. At the time Election Protest #1 was filed with the Board, the vote margin between the candidates, Reggie Watson and Wayne Coats, was 12,299 votes. 7. Election Protest #1 alleges a violation of election law, irregularity, or misconduct sufficient to cast doubt on the apparent results of the election. Specifically, the Protestors alleged that candidate Wayne Coats "entered the buffer zone to electioneer multiple times." 8. There was a potential violation of election law, but if true, the violation would not change the outcome of the election. 9. At the conclusion of the examination of Election Protest #1, Betsy McCormick made a motion to dismiss Election Protest #1, seconded by Lewis Bell, and the Board voted 5-0 to dismiss the protest. CONCLUSIONS OF LAW 1. That the Harnett County Board of Elections properly convened for the purpose of a preliminary consideration regarding Elizabeth Longman's and Alan Longman's November 15, 2022 Election Protest #1. 2. That pursuant to § 163-182.10(a)(1) of the North Carolina General Statutes, the Board must preliminarily consider (a) whether the Protest substantially complied with G.S. § 163-182.9 and (b) whether Election Protest #1 established probable cause to believe that a violation of election law or irregularity or misconduct has occurred.If the Board determines that one or both of these requirements are not met, it must dismiss the Protest. 0) 3. That furthermore, pursuant to 08 NCAC 02.0114, the Board must dismiss an election protest if, among other things, the protest filing, taking into account the totality of the circumstances, fails to include evidence which, if true, substantiates the probable occurrence of an outcome - determinative defect in the manner in which votes were county or results tabulated, or the probable occurrence of an outcome -determinative violation of election law, irregularity, or misconduct. 4. That pursuant to G.S. § 163-182.10(a)(1) and 08 NCAC 02.0114, Election Protest #1 should be dismissed because it fails to establish probable cause of an outcome -determinative irregularity, violation of law, or misconduct. 5. That Election Protest #1 should be dismissed because it fails to establish probable cause of an outcome -determinative irregularity, violation of law, or misconduct. BASED UPON THE FOREGOING findings of fact and conclusions of law, it is now therefore ordered, adjudged, and decreed as follows: Election Protest #1 filed November 15, 2022 by Elizabeth Longman and Alan Longman is hereby DISMISSED. Announced in open meeting on November 22, 2022 Signed and Filed, this the 28'' day of November 2022. Allison Fenderson, Chair Harnett County Board of Elections 3 CERTIFICATE OF SERVICE I hereby certify that I served the foregoing ORDER of the Harnett County Board of Elections via electronic mail and addressed to: Elizabeth Longman and Alan Longman elizabethrnggarethgpip@gnail.com 234 Hamilton Road Bunnlevel, North Carolina 28323 Mr. Wayne Coats wcoats(&-harnett.org Post Office Box 367 Dunn, North Carolina 28335 Mr. Reggie Watson N4cer75(cZyahoo.com 1082 Melody Lane Cameron, North Carolina 28326 This the 28' day of November 2022. Claire B. Jones, Directurf Harnett County Board of Elections P.O. Box 356 Lillington, NC 27546 (910)893-7553 C ones{Lhamett.oLt-, 4 State of North Carolina _ Harnett Couwr Board of Elections IN RE: Election Protest #2 by Elizabeth Longman and Alan Longman for the Election for ) ORDER The Sheriff of Harnett County ) THIS MATTER came on to be heard at the duly noticed November 22, 2022 meeting of the Harnett County Board of Elections (hereinafter referred to as the "Board") for the preliminary consideration of four election protests filed by Elizabeth Longman and Alan Longman (hereinafter collectively referred to as the "Protestors") as required by § 163-182.10(a) of the North Carolina General Statutes. The Board addressed each protest separately and numbered them individually 1 through 4. The following persons were present at the hearing: Allison Fenderson, Chair of the Board, Lin Coker, Secretary, and Members Betsy McCormick, Lewis Bell, and James Currin. Harnett County Board of Elections staff in attendance included Claire Jones, Director, and Shannon Cole, Deputy Director. Upon review of the second election protest (hereinafter referred to as "Election Protest #2) filed November 15, 2022 by the Protestors, the Board finds the following facts and conclusions of law: FINDINGS OF FACT 1, On November 8, 2022, a general election was held in Harnett County, North Carolina, which included the election for the Sheriff of Harnett County, North Carolina. 2. The Harnett County Board of Elections conducted its canvas and declared the results of the election on November 18, 2022. 3. On November 15, 2022, Elizabeth Longman and Alan Longman filed Election Protest #2 with the Harnett County Board of Elections. 4. The Protestors are registered voters that were eligible to vote in the protested election contest. 5. Election Protest #2 was timely filed and substantially complied with § 163-182.9 of the North Carolina General Statutes. 6. At the time Election Protest #2 was filed with the Board, the vote margin between the candidates, Reggie Watson and Wayne Coats, was 12,299 votes. 7. Election Protest #2 alleges a violation of election law, irregularity, or misconduct sufficient to cast doubt on the apparent results of the election. Specifically, the Protestors alleged that candidate Wayne Coats "displayed the badge of the Harnett County Sheriffs Office, and the insignia of "Sheriff' on his clothes leading reasonable individuals to believe he was acting in his capacity as a law enforcement officer." 8. There was a potential violation of election law, but if true, the violation would not change the outcome of the election. 9. At the conclusion of the examination of Election Protest #2, Betsy McCormick made a motion to dismiss Election Protest #2, seconded by Lin Coker, and the Board voted 4-1 to dismiss the protest. CONCLUSIONS OF LAW 1. That the Harnett County Board of Elections properly convened for the purpose of a preliminary consideration regarding Elizabeth Longman's and Alan Longman's November 15, 2022 Election Protest #2. 2. That pursuant to § 163-182.10(a)(1) of the North Carolina General Statutes, the Board must preliminarily consider (a) whether the Protest substantially complied with G.S. § 163-182.9 and (b) whether Election Protest #2 established probable cause to believe that a violation of 2 election law or irregularity or misconduct has occurred. If the Board determines that one or both of these requirements are not met, it must dismiss the Protest. 3. That furthermore, pursuant to 08 NCAC 02,0114, the Board must dismiss an election protest if, among other things, the protest filing, taking into account the totality of the circumstances, fails to include evidence which, if true, substantiates the probable occurrence of an outcome - determinative defect in the manner in which votes were county or results tabulated, or the probable occurrence of an outcome -determinative violation of election law, irregularity, or misconduct. 4. That pursuant to G.S. § 163-182.10(a)(1) and 08 NCAC 02.0114, Election Protest #2 should be dismissed because it fails to establish probable cause of an outcome -determinative irregularity, violation of law, or misconduct. 5. That Election Protest #2 should be dismissed because it fails to establish probable cause of an outcome -determinative irregularity, violation of law, or misconduct. BASED UPON THE FOREGOING findings of fact and conclusions of law, it is now therefore ordered, adjudged, and decreed as follows: Election Protest #2 filed November 15, 2022 by Elizabeth Longman and Alan Longman is hereby DISMISSED. Announced in open meeting on November 22, 2022 Signed and Filed, this the 281 day of November 2022. Allison Fenderson, Chair Harnett County Board of Elections CERTIFICATE OF SERVICE I hereby certify that I served the foregoing ORDER of the Harnett County Board of Elections via electronic mail and addressed to: Elizabeth Longman and Alan Longman elizabethmar arethomer dly i n ail.com 234 Hamilton Road Bunnlevel, North Carolina 28323 Mr. Wayne Coats wcoats iib arnett.or. Post Office Box 367 Dunn, North Carolina 28335 Mr. Reggie Watson N4=75jeLyahoo.com 1082 Melody Lane Cameron, North Carolina 28326 This the 28t' day of November 2022. Claire B. Jones, Director Harnett County Board of Elections P.O. Box 356 Lillington, NC 27546 (910)893-7553 Cbjones whamett.or 4 State of North Carolina _ _ Y _ Harnett County Board of Elections IN RE: Election Protest #3 by Elizabeth Longman ) and Alan Longman for the Election for ) The Sheriff of Harnett County ) THIS MATTER came on to be heard at the duly noticed November 22, 2022 meeting of the Harnett County Board of Elections (hereinafter referred to as the `Board") for the preliminary consideration of four election protests filed by Elizabeth Longman and Alan Longman (hereinafter collectively referred to as the "Protestors") as required by § 163-182.10(a) of the North Carolina General Statutes. The Board addressed each protest separately and numbered them individually 1 through 4. The following persons were present at the hearing: Allison Fenderson, Chair of the Board, Lin Coker, Secretary, and Members Betsy McCormick, Lewis Bell, and James Cumin. Harnett County Board of Elections staff in attendance included Claire Jones, Director, and Shannon Cole, Deputy Director. Upon review of the third election protest (hereinafter referred to as "Election Protest #3) filed November 21, 2022 by the Protestors, the Board finds the following facts and conclusions of law: FINDINGS OF FACT 1. On November 8, 2022, a general election was held in Harnett County, North Carolina, which included the election for the Sheriff of Harnett County, North Carolina. 2. The Harnett County Board of Elections conducted its canvas and declared the results of the election on November 18, 2022. 3. On November 21, 2022, Elizabeth Longman and Alan Longman filed Election Protest #3 with the Harnett County Board of Elections. 4. The Protestors are registered voters that were eligible to vote in the protested election contest. 5. Election Protest #3 was timely filed and substantially complied with § 163-182.9 of the North Carolina General Statutes. 6. At the time Election Protest #3 was filed with the Board, the vote margin between the candidates, Reggie Watson and Wayne Coats, was 12,348 votes. 7. Election Protest #3 alleges a violation of election law, irregularity, or misconduct sufficient to cast doubt on the apparent results of the election. Specifically, the Protestors alleged that candidate Wayne Coats intimidated the chief judge at the Lillington commons early voting site by refusing to move a Sheriff vehicle away from the entrance of the voting site and pressuring them to move the vehicle back to the front of the building. Additionally, the Protestors allege that candidate Wayne Coats requested the "removal and subsequent beating of Angela Scarborough, a voter who opposed to casting her vote for Wayne Coats, in front of the polling entrance at the Lillington Polls." 8. There was a potential violation of election law, but if true, the violation would not change the outcome of the election. 9. At the conclusion of the examination of Election Protest #3, Betsy McCormick made a motion to dismiss Election Protest #3, seconded by Lin Coker, and the Board voted 3-2 to dismiss the protest. CONCLUSIONS OF LAW 1. That the Harnett County Board of Elections properly convened for the purpose of a preliminary consideration regarding Elizabeth Longman's and Alan Longman's November 15, 2022 Election Protest #3. 2 2. That pursuant to § 163-182.10(a)(1) of the North Carolina General Statutes, the Board must preliminarily consider (a) whether the Protest substantially complied with G.S. § 163-182.9 and (b) whether Election Protest #3 established probable cause to believe that a violation of election law or irregularity or misconduct has occurred. If the Board determines that one or both of these requirements are not met, it must dismiss the Protest. 3. That furthermore, pursuant to 08 NCAC 02.0114, the Board must dismiss an election protest if, among other things, the protest filing, taking into account the totality of the circumstances, fails to include evidence which, if true, substantiates the probable occurrence of an outcome - determinative defect in the manner in which votes were county or results tabulated, or the probable occurrence of an outcome -determinative violation of election law, irregularity, or misconduct. 4. That pursuant to G.S. § 163-182.10(a)(1) and 08 NCAC 02.0114, Election Protest #3 should be dismissed because it fails to establish probable cause of an outcome -determinative irregularity, violation of law, or misconduct. 5. That Election Protest #3 should be dismissed because it fails to establish probable cause of an outcome -determinative irregularity, violation of law, or misconduct. BASED UPON THE FOREGOING findings of fact and conclusions of law, it is now therefore ordered, adjudged, and decreed as follows: Election Protest #3 filed November 21, 2022 by Elizabeth Longman and Alan Longman is hereby DISMISSED. 3 Announced in open meeting on November 22, 2022 Signed and Filed, this the 281 day of November 2022. v+' I j '§ Allison Fenderson, Chair Harnett County Board of Elections CERTIFICATE OF SERVICE I hereby certify that I served the foregoing ORDER of the Harnett County Board of Elections via electronic mail and addressed to: Elizabeth Longman and Alan Longman elizabethmaraarethomer?gmail.com 234 Hamilton Road Bunnlevel, North Carolina 28323 Mr. Wayne Coats )coats, arnett.ory Post Office Box 367 Dunn, North Carolina 28335 Mr. Reggie Watson N4cer75 a vahoo.com 1082 Melody Lane Cameron, North Carolina 28326 This the 281 day of November 2022. Claire B. Jones, Director" Harnett County Board of Elections P.O. Box 356 Lillington, NC 27546 (910)893-7553 Cb i onesfcyh arnett. o k State of North Carolina Harnett County Board of Elections IN RE: Election Protest #4 by Elizabeth Longman ) and Alan Longman for the Election for ) ORDER The Sheriff of Harnett County } THIS MATTER came on to be heard at the duly noticed November 22, 2022 meeting of the Harnett County Board of Elections (hereinafter referred to as the "Board") for the preliminary consideration of four election protests filed by Elizabeth Longman and Alan Longman (hereinafter collectively referred to as the "Protestors") as required by § 163-182.10(a) of the North Carolina General Statutes. The Board addressed each protest separately and numbered them individually 1 through 4. The following persons were present at the hearing: Allison Fenderson, Chair of the Board, Lin Coker, Secretary, and Members Betsy McCormick, Lewis Bell, and James Currin. Harnett County Board of Elections staff in attendance included Claire Jones, Director, and Shannon Cole, Deputy Director. Upon review of the fourth election protest (hereinafter referred to as "Election Protest #4) filed November 21, 2022 by the Protestors, the Board finds the following facts and conclusions of law: FINDINGS OF FACT 1. On November 8, 2022, a general election was held in Harnett County, North Carolina, which included the election for the Sheriff of Harnett County, North Carolina. 2. The Harnett County Board of Elections conducted its canvas and declared the results of the election on November 18, 2022. 3. On November 21, 2022, Elizabeth Longman and Alan Longman filed Election Protest #4 with the Harnett County Board of Elections. 4. The Protestors are registered voters that were eligible to vote in the protested election contest. 5. Election Protest #4 was timely filed and substantially complied with § 163-182.9 of the North Carolina General Statutes. 6. At the time Election Protest #4 was filed with the Board, the vote margin between the candidates, Reggie Watson and Wayne Coats, was 12,348 votes. 7. Election Protest #4 alleges a violation of election law, irregularity, or misconduct sufficient to cast doubt on the apparent results of the election. Specifically, the Protestors alleged that "as a result of the alleged multiple acts of Wayne Coats (breaching the protected area by Wayne Coats, the wearing of uniform when electioneering at the polls, the parking of law enforcement cares, the intimidating acts on the poll works and chief judges and the brutalization of Angela Scarborough) not being addressed in the proper manner by the Harnett County Board of Elections, there must be a new election called." 8. The allegations in Election Protest #4 were duplicative of the Protestors' other three protests, the allegations fail to allege sufficient facts to establish a potential violation, and the allegations, if true, would not change the outcome of the election. 9. At the conclusion of the examination of Election Protest #4, James Currin made a motion to dismiss Election Protest #4, seconded by Betsy McConnick, and the Board voted 4-1 to dismiss the protest. CONCLUSIONS OF LAW 1. That the Harnett County Board of Elections properly convened for the purpose of a preliminary consideration regarding Elizabeth Longman's and Alan Longman's November 15, 2022 Election Protest #4. P) 2. That pursuant to § 163-182.10(a)(1) of the North Carolina General Statutes, the Board must preliminarily consider (a) whether the Protest substantially complied with G.S. § 163-182.9 and (b) whether Election Protest #4 established probable cause to believe that a violation of election law or irregularity or misconduct has occurred. If the Board determines that one or both of these requirements are not met, it must dismiss the Protest. 3. That furthermore, pursuant to 08 NCAC 02.0114, the Board must dismiss an election protest if, among other things, (a) the protest filing, taking into account the totality of the circumstances, fails to include evidence which, if true, substantiates the probable occurrence of an outcome -determinative defect in the manner in which votes were county or results tabulated, or the probable occurrence of an outcome -determinative violation of election law, irregularity, or misconduct or (b) the matter including the initial filing and all subsequent oral or written submissions, fails to allege facts sufficient to constitute substantial evidence of the occurrence of an outcome -determinative violation of election law, irregularity, or misconduct. 4. That pursuant to G.S. § 163-182.10(a)(1) and 08 NCAC 02.0114, Election Protest #4 should be dismissed because it fails to establish probable cause of an outcome -determinative irregularity, violation of law, or misconduct. BASED UPON THE FOREGOING findings of fact and conclusions of law, it is now therefore ordered, adjudged, and decreed as follows: Election Protest #4 filed November 21, 2022 by Elizabeth Longman and Alan Longman is hereby DISMISSED. Announced in open meeting on November 22, 2022 Signed and Filed, this the 28th day of November 2022 Allison Fenderson, Chair Harnett County Board of Elections CERTIFICATE OF SERVICE I hereby certify that I served the foregoing ORDER of the Harnett County Board of Elections via electronic mail and addressed to: Elizabeth Longman and Alan Longman elizabethmig&arethome cD nail.com 234 Hamilton Road Bunnlevel, North Carolina 28323 Mr. Wayne Coats wcoats� harnett.or. Post Office Box 367 Dunn, North Carolina 28335 Mr. Reggie Watson N4cer75 vahoo.com 1082 Melody Lane Cameron, North Carolina 28326 This the 28"' day of November 2022. Claire B. Jones, Director Harnett County Board of Elections P.O. Box. 356 Lillington, NC 27546 (910)893-7553 Cb'ones cuharnett.on: 5