Raleigh – After a pair of local protests were dismissed, another pair of appeals have been thrown out at the state level.
Through a public records request, The Graham Star obtained documents containing the official decisions of the N.C. State Board of Elections to dismiss appeals filed by Diana Simon and Jim Hager pertaining to the November election for the Lake Santeetlah Town Council. State Board of Elections Executive Director Karen Brinson Bell informed both Simon and Hager of the dismissals Monday.
Simon’s appeals challenged the candidacy of Johnny Cochran, Tina Emerson and Connie Gross. Though Simon was the top vote-getter – securing 22 votes, or 17.19 percent of the ballot – Cochran, Emerson and Gross each received write-in nods. While Cochran only received eight votes (6.25 percent), Emerson and Gross received 14 votes each, accounting for 21.88 of the votes cast.
Citing N.C. G.S. 163-127(c), N.C. G.S. 163-182.9 and N.C. G.S. 163-127.2(a), the board dismissed both Simon and Hager’s appeals for not being filed in a timely manner, as well as for failing to prove that Cochran, Emerson and Gross are illegally claiming Lake Santeetlah as their primary residences.
“Rather than follow these requirements, Simon filed a candidacy challenge with the Graham County Board of Elections, using the State Board’s candidacy challenge form that may be used up until 10 days after the close of election filing,” a portion of Brinson Bell’s explanation reads.
Furthermore, Simon’s appeals “contends that the county board did not properly consider her candidacy challenge …” and that 11 different voters “improperly registered to vote” in Lake Santeetlah, “which substantially changed the outcome of the election.”
After Hager – who most recently served as the town’s mayor – was struck down at the local level, he mailed the State Board of Elections an appeal, which did not follow N.C. G.S. 182.11(a): “Written notice of the appeal must be given to the county board within 24 hours after the county board files the written decision at its office.”
In the form mailed to the state, Hager contended the Graham County Board of Elections processed his candidate and voter challenges, but said he “never filed an election protest;” rather, Hager said in the appeal that the Graham County board “should have considered his candidate challenges and voter challenges.”
Both Simon and Hager submitted photos, property tax forms and – in the case of just Simon – a 2021 “Residential Directory” for the Town of Lake Santeetlah,” which listed the local addresses for each candidate being challenged.
As it stands now, the new town council for Lake Santeetlah will be comprised of Emerson, Gross, Hager, Ralph Mitchell (14 votes, 10.94 percent) and Simon. Both Hager and Simon – the only two incumbents to remain on the council – were sworn in by Graham County Clerk of Court Tammy Holloway on Monday, while Emerson, Gross and Mitchell were sworn in Tuesday.