HCBOE Board Meeting Minutes- November 21, 2017- Preliminary Consideration MeetingHARNETT COUNTY BOARD OF ELECTIONS
PRELIMINARY CONSIDERATION MEETING
NOVEMBER 21, 2017
4:00 P.M.
Present were; Board Chairman James Currin, Board Secretary Tony Spears, Board Member
Joseph Powell and Director Claire Jones
Also Present: County Attorney, Monica Jackson, Election Protester, Thomas Ellis, and; see
attached sign in sheet
Mr. Currin called the meeting to order at 4:02 pm.
Business:
Mrs. Jones opened the meeting by discussing the purpose of the Preliminary Consideration
hearing. Mrs. Jones stated the possibility of the Board needing to go into executive session to
talk with Mrs. Jackson. Mr. Spears moved to into executive session per G.S. 143-318.11 (a) (3),
to consult with Board attorney to conserve attorney client privilege. Mr. Powell seconded. The
Board went into executive session at 4:04pm.
Mr. Powell moved to return to open session. Mr. Spears seconded. The Board returned to open
session at 4:30pm.
Mrs. Jones again stated the purpose of the meeting and informed the Board that the two items in
question are:
• Does the Protest comply with G.S. 163-182.9?
• Does the protest establish probable cause that a violation of election law or
irregularity or misconduct has occurred?
Mrs. Jackson clarified the legal meaning of probable cause and cited Adams vs City of Raleigh,
TX vs Brown, IL vs Gates and SBOE election protest guide.
The Board discussed the first question and informally agreed that the protest did comply with
G.S. 163-182.9. The Board asked Mr. Ellis if he wanted to comment on the protest, to which Mr.
Ellis replied yes. Mr. Ellis mentioned that African Americans do not have a positive relationship
with law enforcement and that African Americans would have voted for his candidate if police
presence was not there. The person Mr. Ellis was riding with drove past because there was a cop
so Mr. Ellis did not get to vote.
The Board discussed probable cause and reviewed the documents supplied by Mr. Ellis. Mr.
Spears commented that he thought there was probable cause. Mr. Spears moved to advance to a
protest hearing. There was no second. Motion failed. Mr. Powell felt there was no probable cause
and moved to dismiss the protest. Mr. Currin seconded. Vote was 2-1 with Mr. Spears casting the
dissenting vote.
Mrs. Jones stated a need to return to executive session. Mr. Spears moved to into executive
session per G.S. 143-318.11 (a) (3), to consult with Board attorney to conserve attorney client
privilege. Mr. Powell seconded. The Board went into executive session at 4:42pm.
Mr. Powell moved to return to open session. Mr. Spears seconded. The Board returned to open
session at 4:56pm.
Mrs. Jones stated a need to clean the record due to a challenge in appellate court with State board
makeup.
Powell moved to reconsider the probable cause. Spears seconded. Approved without dissent.
Mr. Spears moved to advance to a protest hearing. Mr. Powell seconded. The motion failed by a
2-1 vote with Mr. Currin and Mr. Powell casting the dissenting votes. Since the vote failed the
protest is dismissed.
Mrs. Jackson stated further options for appeal to Mr. Ellis.
With no further business to discuss, Mr. Powell moved to adjourn. Mr. Spears seconded. The
meeting was adjourned at 5:01 pm.
The next meeting of the Board will be a regular meeting, December 5, 2017 at 4:00 pm.
by:
Chairman
�rlarnett County Board of Elections
308 W. Duncan Street Lillington, NC 27546
Print Name
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SIGN -IN SHEET
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