Judge candidates to take stage in Jackson, Haywood next week

Candidates for District Court judge will espouse their vision for the bench at election forums held next week in Haywood and Jackson County.

“Judges make decisions every day that directly influence people’s lives, yet many voters don’t know where judicial candidates stand on the most important issues of the day,” said Chris Cooper, WCU associate professor of political science and public affairs, and director of the Public Policy Institute. “We want to help voters learn what they need to know about the people who want to represent them in the judiciary.”

Candidates in other local races will be given two-minutes at the mic prior to the judge hopefuls taking the stage. The forums will be sponsored by Western Carolina University’s Public Policy Institute and The Smoky Mountain News. The two forums are:

• 6:30 to 9 p.m. Tuesday, Oct. 12, at Western Carolina University Multipurpose Room of A.K. Hinds University Center.

• 6:30 to 9 p.m. Thursday, Oct. 14, at Haywood Community College auditorium.

A reception will be held from 6:30 to 7 p.m. where voters can talk informally with the candidates for judge and other local offices. The formal portion of the forum will begin at 7 p.m. Local candidates who attend — county commissioner, school board, sheriff, and state representative or senate candidates — will get two minutes each to introduce themselves and discuss their platforms.

Todd Collins, WCU assistant professor of political science and public affairs, will serve as moderator of the forum with the judicial candidates. Questions will be developed prior to the forum, but audience participation will be allowed as time permits.

For information, contact the Public Policy Institute at 828.227.2086 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it..

Judge’s race to have lasting impact, say attorneys

Not a day goes by that Judge Monica Leslie doesn’t realize the gravity of her decisions.

Leslie is one of six District Court judges in the seven western counties. They decide how to split property and wealth when a couple gets divorced. They decide whether a restraining order is warranted in a domestic violence claim. They make heart-wrenching decisions in custody battles. And perhaps most difficult, decide whether a parent with a history of neglect is ready to get their children back.

“We deal with families in crisis,” Leslie said.

Gavin Brown, a Waynesville attorney, said that in some ways who serves as judge is more important than the president.

“A District Court judge affects the citizens directly in my community and on a daily basis. They take care of domestic disputes, they take care of foreclosures, they take care of car wrecks and traffic violations,” Brown said. “They are so critical in everyday life — in what they say and do and how they do it.”

There’s even more at stake in this year’s judge race than normal, however. Three long-time judges have retired in the past two years — creating a void of experience. Turnover is rare on the bench, let alone this level of turnover all at one time.

“Once you win a position as a judge, barring a health problem or some personal issue, you don’t lose that job,” said Brown.

Out of six District Court judges for the region, half are in flux. The watershed election year attracted a staggering 10 judge candidates in the May primary. The list has now been narrowed to six going into the November race. Two candidates are vying for each seat, with each still considered a toss-up just a month away from Election Day.

Two of the three seats will fill vacancies left by Judges Danny Davis and Steve Bryant — who retired this summer with a combined 50 years of experience on the bench.

“Whoever replaces them will have big shoes to fill and will need to be able to handle the load almost immediately,” said Judge Richie Holt, now the senior District Court judge with 17 years on the bench. “My number one job in the next year is to get everybody going on the right direction and handling the cases adequately and appropriately.”

That’s not to say that different styles of running a courtroom can’t be equally effective, he said.

“The folks can use their own styles and their own personality, but it will take them a while to figure out what type of things to do or say to keep it moving,” Holt said.

The legal community will certainly tread cautiously until they get used to the new lay of the land — and the tendencies that the new judges manifest.

“From a lawyer’s point of view, lawyers like consistency. We like to be able to predict under certain sets of facts what the likely outcome might be so we can advise our clients accordingly,” said Don Patten, a Haywood County attorney.

That’s going to be tough when 50 percent of the judiciary will essentially be new at the job.

“I would guess the general public, I don’t think they have any idea the gravity of our situation to a certain extent,” said David Moore, a Sylva attorney.

That said, experience isn’t everything.

“Temperament, knowledge, skill, intelligence — those are all factors that are fairly critical,” Moore added.

Not to mention time management. There’s hundreds of cases on the line across the seven-county district every month.

“You sure want someone who knows what they are doing and can handle it fairly, judiciously and expediently,” said Patten.

The election for District Court judges is non-partisan. In other words, candidates on the ballot won’t be labeled as Democrats or Republicans. Partisan views aren’t as relevant as personality traits when it comes to electing judges.

To help voters familiarize themselves with the candidates, Western Carolina University’s Public Policy Institute and The Smoky Mountain News are putting on two forums next week.

“This particular judicial race is probably a once-in-a-lifetime event for this region,” said Smoky Mountain News publisher Scott McLeod. “Three District Court judge seats being decided in one election is very unusual, and so we hope voters will take the opportunity to familiarize themselves with who is running and their backgrounds.”

On the bright side, after this hump the bench will most likely enjoy another 20 to 30 years of long-term stability, Brown pointed out.

See also: Judge candidates to take stage in Jackson, Haywood next week

 

Who’s running for district court judge

Seat 1

• Danya Vanhook, a sitting judge based in Haywood County who’s been on the job a little over a year

• Donna Forga, Waynesville attorney in solo practice

Seat 2

• Kris Earwood, Sylva attorney with solo practice (formerly of firm Lay and Earwood)

• David Sutton, Waynesville attorney with Kirkpatrick law firm

Seat 3

• Steve Ellis, Waynesville attorney in solo practice (formerly with the firm Brown, Ward and Haynes)

• Roy Wijewickrama, Waynesville attorney serving as prosecutor in Cherokee

Jackson sheriffs race marked by acrimony

Mary Rock wants to become the first female sheriff in Jackson County, but gaining that title against two-term incumbent and Democrat Jimmy Ashe won’t be easy.

Part of Rock’s tactic is that she is running unaffiliated rather than under the banner of a political party. She is a registered Democrat, however.

“I did not feel that I would have as much time for folks to get to know me if I ran as a Democrat,” Rock, 43, said of the difficulty she would have had winning the primary against Ashe back in May. “But the biggest reason is that I’m not seeking the job to be either a Democrat or Republican — I want to serve all people.”

Rock, a U.S. Army veteran, served in the military police for two years, and spent an additional five years in the reserve. She then completed her basic law enforcement training at Southwestern Community College. Afterwards, she began a double major at Western Carolina University in social work and criminal justice. Rock works as a professional bail bondsman, a job she’s held for 12 years.

“I’m an officer of the courts,” Rock said. “I take people into custody.”

If elected, she said she’ll place more emphasis on manning the substations at the farthest ends of the county, arrest drug dealers, work closely with social workers who are investigating elder and child abuse, cooperate and work with other agencies, tackle property theft, and operate with “a moral compass.”

“I feel (Ashe) has abused his power,” Rock said, in reference to revelations that Ashe used state and federal money from narcotics seizures to operate an informal fund for youth sports.

Additionally, the sheriff used $20,000 from the fund to pay for a carpet in the sheriff’s office and $400 to list himself on a national “who’s who” list. Ashe also, while off duty, road a Harley Davidson motorcycle that had been seized from a drug dealer.

State authorities deemed the sheriff’s use of the money on sports was not illegal, but the lack of oversight violated a general statute. Jackson County in response changed how it administers the narcotics fund.

Ashe, 51, is unapologetic about steering money toward helping the young people of his county.

“That’s putting back what the drug dealers have taken away,” he said, adding that his tenure in office has been “above board and transparent.”

Ashe said his opponent is mudslinging. He pointed to his experience, and the work done against crime since he’s been sheriff, as being the real issues.

Ashe has been in law enforcement for 29 years. He started in 1981 as a dispatcher and jailer, working his way up to the top post. Stops along the way include work as a detective and as chief deputy.

“Law enforcement has been my life and career for more than half my life,” Ashe said. “I think it was my destiny to be where I am — serving the public.”

In response to Rock’s plan to man the substations, Ashe said he keeps deputies active on the roads in the farthest parts of the county. He said he doesn’t want them out-of-sight behind a desk.

Ashe also pointed to anti-drug programs he’s instituted, an inmate work program, and other initiatives as reasons he should be reelected sheriff.

Macon sheriffs race features two experienced officers

Two veteran officers, Sheriff Robert Holland and George Lynch, are vying to fill Macon County’s top law-enforcement post.

The campaigns of both men have been remarkable. More for what isn’t happening rather than what has taken place. Both Holland, the incumbent, and Lynch, a former U.S. Forest Service law-enforcement officer, said they are intent on running clean, mudslinging-free campaigns.

And, to date, they have.

Holland, 43, a Republican, is in his second four-year term as sheriff. He joined the Macon County Sheriff’s Department in 1991. And made a steady climb to sheriff: animal-control officer, part-time detention officer, part-time deputy, fulltime deputy, investigator in the juvenile office, supervisor of that office, investigations unit.

Holland, not surprisingly, is running a campaign based on his experience.

“I’ve got eight years as sheriff,” he said. “We’ve gotten a lot of programs going that have been a success.”

Holland said since being elected sheriff, he has placed a major emphasis on combating illegal drugs and the crimes associated with them.

“I’ve really encouraged community involvement,” he said. “People in the community know their neighbor better than we do.”

The Democrat party’s candidate, Lynch, 62, like Holland, has emphasized his experience in law enforcement. He has a military background that includes one year as a military policeman for the National Guard. Fourteen years were spent as a federal officer for the Forest Service, where Lynch investigated, prepared and shepherded through trial more than 200 cases.

Lynch hinted at two areas where his administration would differ from Holland’s. One is more visible patrols in remote areas.

Lynch said he believes the primary duty of a patrol officer is the “protection of life and property,” not traffic control, though he would still want deputies to put the brakes on reckless drivers and drunken drivers.

“Officers need to be seen day and night from the city limits to the most remote areas of the county,” he said, “checking on the security of private property, businesses, churches, schools, homes, nonresidential houses and developments.”

Because of the geographic distance of Highlands and Nantahala from Franklin, Lynch said he wants fulltime deputies assigned to both communities.

He said he does not like “sensational drug busts” in which “buyers and dealers are allowed to continue to buy, sell and ruin lives until one can charge large numbers at once for publicity purposes.”

Lynch said he would strongly consider entering drug taskforce agreements with other agencies rather than use the go-it-alone approach “now in place.”

Haywood sheriff challenger pledges modern approach

Voters will have a choice between a fresh or familiar face in this year’s Haywood County sheriff’s race.

Democratic incumbent Bobby Suttles has worked law enforcement in Haywood for 35 years, including 18 years at the Haywood County Sheriff’s office.

“I know the people over here. I know this office,” said Suttles.

Suttles is relying on that tenure as the foundation for his campaign. Suttles inherited the post of top lawman 18 months ago when former Sheriff Tom Alexander retired. Now Suttles must run for the seat.

His opponent Bill Wilke, a sergeant with the Asheville Police Department, said he would bring a modern approach to the table if elected.

“I think my perspective is broader,” Wilke said. “I think I have a more contemporary outlook on how those problems need to be addressed.”

Wilke wants to provide a long-term vision for the sheriff’s office that looks 10 or 15 years from now. He will focus on modern law enforcement programs and ideas that are already working in neighboring counties.

For example, Wilke is in favor of connecting criminals with community members, such as pastors.

“They need to be given a microphone,” Wilke said.

According to Wilke, moral voices could help curb crimes such as domestic violence, sexual assault and child abuse.

Wilke also wants to stress problem-oriented policing, which asks officers to take a long-term approach to problems rather than dashing onto a crime scene. A drug house could be thoroughly investigated to determine players before taking action, for example.

Suttles said he and his deputies already look before they leap.

“You’ve got to build your case,” Suttles said.

The sheriff’s office is already working hard to combat drugs, according to Suttles. In addition, Suttles deputized officers at the Waynesville Police Department, which has its own K-9 dog, to help battle drugs.

Suttles added that law-enforcement officers from Haywood’s municipal police departments also meet monthly to discuss problems and strategies.

 

Fighting for resources

Recently, Haywood commissioners expressed hesitation about accepting a $220,000 grant for equipment, vehicles and two officers who would focus on traffic enforcement. The county would have to pay an increasing portion of the two traffic officers’ salaries and take full responsibility for salaries by the fourth year.

“It’s hard to understand when they want to turn down grants,” said Suttles, who has often stressed the need for more officers and newer equipment at the sheriff’s office. “Sometimes, our hands are just tied here with the commissioners. They don’t have the money.”

Wilke said he would try to compromise with commissioners over budget items, but the sheriff’s office also should wisely allocate the resources it already has.

Wilke hopes to do an assessment of operations at the sheriff’s office to make sure resources are used efficiently.

But according to Suttles, the recession, not wasteful spending, is the problem.

“We’re not frivolously spending money, but you can only do so much,” Suttles said.

During his short term, Suttles has successfully pursued grants that have brought Tasers and mobile data terminals to the Haywood sheriff’s office. Video arraignments should be available by mid-October, cutting down on officer time spent shuttling criminals between jail and the courthouse.

Rather than focus on grants, however, Wilke said he would try to generate revenue from drug seizures. Law enforcement agencies can keep a portion of the money they seize from narcotics dealers.

“You hit the drug problem in this county, and you’re going to have a great effect on ancillary crimes,” Wilke said. “It’s a win-win all the way around. We’re just not doing it right.”

Wilke said the sheriff’s office could profit more from seizing drug dealers’ assets than going after grants. Moreover, there wouldn’t be any strings attached.

Swain sheriff candidates head for final showdown in high stakes race

It’s nearing showtime for the most heated race in Swain County: the battle between Republican Sheriff Curtis Cochran and his challenger, Democrat John Ensley.

Controversial issues were neither few nor far between during Cochran’s first term as sheriff: a suspected murderer escaped from Swain County’s jail last year; a Swain detention officer purchased a big-screen TV using the county’s credit card; a newly built $10 million jail continues to sit half-empty; and Cochran went head to head with commissioners over deputy pay. Cochran even sued Swain’s Democratic commissioners for discriminating against him by essentially reducing his salary.

As a result, Cochran has been a polarizing figure in Swain politics. Bumper stickers saying “Elect anyone BUT Curtis Cochran” appeared as much as a year ago, but many Swain residents still stand by Cochran’s side. Cochran said the same scrutiny would hold true for anybody currently in office.

“You’re going to have a group of supporters. You’re going to have a group that wants you out,” said Cochran.

Cochran said if re-elected he will continue making progress at the sheriff’s office, including continuing a fight against drugs.

“I’m here for the people of Swain County,” Cochran said. “I don’t see myself on a pedestal and the people under me.”

 

Building rapport & budgets

In his campaign against Cochran, Ensley is emphasizing the importance of building good relationships.

Ensley says he will “rebuild” a rapport with county commissioners, with surrounding counties and Cherokee, with state and federal agencies, and with the community at large.

Despite the Cochran’s lawsuit against commissioners, Cochran said he and the county board have always had an open door policy and continue to have one now.

“I think that we work very well with the commissioners,” said Cochran. “The only big issue is with the budget and the lawsuit.”

Cochran would not comment on the lawsuit, adding that his focus is on carrying out his duties as sheriff, not the case filed against commissioners.  

As for the budget, Cochran had fought hard to keep overtime pay for his deputies, who sometimes work 18- to 20-hour days. “I’m a firm believer that if people work, they need to get paid,” Cochran said.

But the commissioners refused to grant overtime because of the recession and slashed his workforce by 22 percent with the 2009-10 budget.

“I’m not going to second-guess commissioners. I’m not going to say what they were thinking,” Cochran said. “That’s pretty well self-evident.”

Commissioners at the time said overtime was being abused as a recurring means of inflating deputies’ base salaries. Cochran said he will actively request more deputies and salary increases for his employees from the new county board if re-elected.

Ensley points to his business expertise, which he says would help him stretch every penny he gets from commissioners. Ensley plans to restructure the department and handle the budget “much better” than the way it has been handled in the past. Ensley would like to charge a fee to those who are convicted to fund a salary increase.

“Times are tough, and you have to make do with less,” Ensley said. “We’re going to get creative.”

Ensley said he has spoken with most of the current commissioners and those who are running for a spot on the county board.

“We are not going to have an issue,” Ensley said. “It’s a priority for me to have a good working relationship. There are ways [to find a] resolution without having a public fight.”

 

Experience or lack thereof

Experience has long been the centerpiece of the upcoming election. In May, eight Democrats packed the ballot for the chance to take on Cochran come fall. Ensley won by a comfortable margin.

Every challenger highlighted his law enforcement background, drawing a contrast with Cochran, who had no law enforcement training before going into office as sheriff.

Ensley said he is a certified law enforcement officer in North Carolina, has worked at the Swain County jail and a jail in Florida. He graduated as president of his basic law enforcement training class at Haywood Community College.

In addition to law-enforcement training completed after becoming sheriff, Cochran said unlike other candidates, only he can boast on-the-job experience.

“They talk about experience,” Cochran said. “I am the only candidate who has the experience of being sheriff of Swain County …I got four years at the helm. I know where the problems are.”

 

Filling up oversized jail

When Swain built an oversized jail several years ago — twice the size needed for its own prisoners — it was banking on filling it with prisoners from other counties and federal prisoners to subsidize the cost. But other counties had built their own jails and federal prisoners dried up, too. Cochran inherited the plight of the oversized jail when he took office.

Ensley characterizes the $10 million jail as an investment that needs to turn profitable. He plans to launch an all-out campaign to win over state and federal agencies, such as U.S. Marshals and the Eastern Band of Cherokee Indians.

“I’m going to go out of my way to work with each one of these groups,” Ensley said. “I have salesmanship, and I think that’s part of what we need to do.”

Most of the prisoners housed in Swain County’s jail that come from outside the county hail from Cherokee. But the Eastern Band now plans to build its own jail — a final blow to Swain’s half-empty jail being heavily subsidized by county taxpayers.

Ensley is still holding out hope that a compromise can be reached. He said the tribe could possibly look at building a drug-abuse center instead and continue to send prisoners to Swain.

But Cochran said he’s done absolutely everything he could to bring more prisoners to Swain’s mammoth jail. The U.S. Marshals Service continues to send most of their inmates to Cherokee County — despite Bryson City’s advantage of housing a federal courthouse. For the time being, the Swain jail has only three Marshals Service inmates. The Marshals Service claims that the crime rate has decreased

Cochran says he’s traveled to Charlotte and Asheville and spoken with U.S. Congressman Heath Shuler and three state legislators, but to no avail.

“We’re kind of at the mercy of the Marshal Service at this point — to be fair, and I can’t stress that word enough, to be fair,” Cochran said. “We should be getting our fair share. I’m very disgusted with this process.”

 

No more escapes

Cochran said he put policies in place to make the facility more secure after a jail escape involving inside help from a jailer. Cochran said he could not mention specifics on the new procedures for security reasons.

Cochran emphasized that no matter how secure the physical building is, inserting a human element will inevitably bring unpredictability.

“It wouldn’t matter if it was San Quentin, it was going to happen,” said Cochran, citing the inside job.

To ensure that everything is running as it should, Cochran visits the jail every day. “We don’t have those problems anymore,” Cochran said.

Ensley said ensuring the jail’s security is a top priority. He will bring his own work experience at the Swain County jail and a correctional facility in Florida. He plans to provide training and to place an instructional pamphlet at every station to keep jailers up to speed on policy.

Moreover, Ensley promises to keep serious watch over his employees and look out for red flags.

“Folks didn’t really realize how serious some of these warning signals were,” Ensley said.

If something goes wrong under his watch, Ensley said he will take full responsibility.

“If I’m the sheriff, right here is where the buck stops,” Ensley said. “If someone in my department hurts my county, it’s my responsibility. I won’t be standing behind him. I will be standing in front.”

 

Reaching out to community

Swain County Sheriff’s Office already has a great relationship with the community, according to Cochran.

“We have an open line,” said Cochran, adding that his department works with the community every day and makes sure to keep anonymous tips anonymous.

Cochran pointed to recent success busting a meth lab, which could not have happened without tips from residents.

Though some have complained that the sheriff’s office is inconsistent in how it handles calls, Cochran ensures the public that officers do follow through with every concern that is brought up.

Sometimes, the magistrate’s office doesn’t find probable cause or an investigation will dead-end. Moreover, Swain’s limited staff makes it difficult for deputies to jump on every new call right away.

“We’re stretched pretty thin as far as personnel,” Cochran said. “These calls don’t stop coming in just because we don’t have enough personnel, but we do get to them.”

Ensley says he will create an advisory board for the sheriff comprised of experts in law enforcement and business. The board would give level-headed advice to the sheriff and keep in touch with concerned citizens.

Ensley would also like to institute more volunteer programs to get the community involved, including a youth advisory council made up of high school kids. The board would help motivate young adults to take responsibility for their own schools, Ensley said.

Ensley is also in favor of creating a community watch in each of Swain’s communities.

“We don’t want them out there playing police officer, but we want eyes and ears,” Ensley said. “We all have a responsibility whether we’re a sworn officer or not.”

Cochran said he has already made an appointment next month to set up a community watch program.

Runoff election for Swain sheriff sets stage for brisk competition come fall

Swain County residents overwhelmingly chose John Ensley in Tuesday’s Democratic primary runoff for sheriff — those who voted anyway.

Ensley, the owner of Yellow Rose Realty, easily prevailed over opponent Mitchell Jenkins with 478 votes.

With more than 60 percent of the vote, Ensley is all set to face Republican incumbent Curtis Cochran this fall.

“I’m really excited, and I’m happy that it’s over with,” said Ensley, the first Democrat to announce his intentions to run, more than a year before the primary.

Ensley said going head to head with Cochran would be challenging. “He’s a very good campaigner, and people like him. I know I’ve got my work cut out for me,” said Ensley.

Cochran, who received strong backing from his party in the May primary, says he feels optimistic about the fall election. Whether his opponent is Ensley or Jenkins would make no difference in how he runs his campaign.

“I’m not going to run against them, I’m running to win the election,” said Cochran. “The people in 2006 put enough trust in me to do this job. I think they’re going to be confident enough in this election to put us back in.”

Jenkins, a self-employed logger, locked down 314 votes, the remaining 40 percent.

Jenkins had called for a rematch shortly after the primary results came back with Ensley receiving less than 29 percent of the vote in May. Primary runoffs can be held only if the top vote-getter fails to secure 40 percent of the vote.

About 11.5 percent of Swain voters eligible to cast ballots showed up for Tuesday’s rematch, much less than the 28 percent who voted in the primary election in May.

Runoff election for Swain sheriff sets stage for brisk competition come fall

Swain County residents overwhelmingly chose John Ensley in Tuesday’s Democratic primary runoff for sheriff — those who voted anyway.

Ensley, the owner of Yellow Rose Realty and a certified North Carolina law enforcement officer, easily prevailed over opponent Mitchell Jenkins with 478 votes.

With more than 60 percent of the vote, Ensley is all set to face Republican incumbent Curtis Cochran this fall.

“I’m really excited, and I’m happy that it’s over with,” said Ensley, who plans on taking a vacation in Alaska before getting back into full swing campaigning before the November election.

There were initially eight Democrats on the ticket vying for the chance to challenge Cochran. Of the crowded field, Ensley had been the first to announce his intentions to run, throwing his name in the ring more than a year before the primary.

Ensley said going head to head with Cochran would undoubtedly be a challenge. “He’s a very good campaigner, and people like him. I know I’ve got my work cut out for me,” said Ensley.

Cochran, who received strong backing from his party in the May primary, says he feels optimistic about the fall election. Whether his opponent is Ensley or Jenkins would make no difference in how he runs his campaign.

“I’m not going to run against them, I’m running to win the election,” said Cochran. “...I started my campaign four years ago. The people in 2006 put enough trust in me to do this job. I think they’re going to be confident enough in this election to put us back in.”

Jenkins, a self-employed logger with nine years of law enforcement experience, fared better in the runoff than he did in the May primary, when he faced seven other candidates. Jenkins locked down 314 votes, the remaining 40 percent.

Jenkins had called for a rematch shortly after the primary results came back with Ensley receiving less than 29 percent of the vote in May.

Primary runoffs can be held only if the top vote-getter fails to secure 40 percent of the vote.

Jenkins was unavailable for comment as of Wednesday morning.

Voter turnout

Only a dismal 11.5 percent of Swain voters eligible to cast ballots showed up for Tuesday’s rematch, compared to the impressive 28 percent who took to the polls during the May primary.

Still, it was far better than the typical voter turn-out witnessed in runoff elections. The local runoff boosted Swain’s voter turnout when compared to the rest of the state and surrounding counties, where the only race on the ballot was a Democratic primary runoff for the U.S. Senate.

Only 3 to 4 percent of voters in Haywood, Jackson and Macon counties cast their ballots Tuesday, choosing between Elaine Marshall and Cal Cunningham. All four counties went for Marshall, who won the primary with nearly 60 percent of the vote statewide.

Complaint filed over ballot counting before polls closed

An election watchdog in Swain County is protesting the tallying of early votes before the close of polls on Election Day, claiming it could have given some candidates an unfair advantage if those results be leaked.

The results from early voting are often an indication of who’s winning and losing. In the 2008 general election, some mountain counties saw nearly 50 percent of those who cast ballots do so during the two-week early voting period.

While state law allows election officials to get a jumpstart by tabulating the results from early voting during the afternoon of Election Day, Mike Clampitt of Swain County thinks it leaves too much room for corruption.

The results from early voting can’t be announced until after the polls close. But it is technically OK for those on the board of elections to call a few friends, party officials or even select candidates and share the results that afternoon.

“I would prefer they not talk about it outside the board office, but that is not publicizing or publishing the results,” said Johnnie McLean, deputy director of the N.C. Board of Elections in Raleigh.

Sharing the results indiscriminately with the public, such as releasing them to the media or posting them on the wall in the elections office, would be illegal. But a single phone call to a particular candidate to tell them how they fared is not illegal, McLean said. Besides, McLean doesn’t see what a candidate could do with that knowledge in just a few short hours.

“About the only thing they could do would be contact their supporters and ensure that they have gone to vote,” Mclean said.

Precisely, Clampitt countered.

Clampitt said there are still three to four hours left to drum up voters for your candidate once early votes have been tabulated. In a small county, where elections can easily be decided by less than 100 votes, that knowledge could make a difference.

Clampitt has filed a formal complaint over the tallying of early votes in Swain County, although the process is similar to that used in other counties and conforms with state law.

The counting of ballots, including early voting ballots, is a public process and can’t be done behind closed doors. Per state election law, any member of the public is allowed to witness the process. Technically, those present could overhear election officials talking about the results as they are printed out, or even catch a glimpse.

In Haywood County, Election Director Robert Inman said he would be disappointed if election officials tabulating results shared them outside the office. They don’t give verbal cues that would reveal results to those present as observers. In fact, they make a point of not even studying the tallies as they are printed out, according to Inman.

“We do all we can to not see them,” said Inman. “We do our utmost not to know.”

It is difficult to do, however.

“There is no way you can count without knowing the totals,” said Lisa Lovedahl, director of the Jackson County Board of Elections. “The board members are human.”

The human factor also makes it impossible to guarantee that the results stay within the four walls of the election office.

Clampitt witnessed the counting of early votes in Swain County and says election officials mulled over the results, as would most people in the same position.

“If a person has access to something, don’t you think they are going to do it? That is just human nature,” Clampitt said.

Retired superintendent, former commissioner join Democratic incumbents in Swain

Though both commissioner candidates running for re-election in Swain County have safely landed a spot in November’s election, a newcomer earned the top spot in Tuesday’s primary.

With only four commissioner seats up for election, all four Republican candidates automatically advanced to the November election. Democratic voters had to choose four out of nine commissioner candidates running in the crowded primary.

Democrat Robert White received the most votes in that race, with about 15 percent of the vote. Meanwhile, Commissioners Steve Moon and David Monteith both received about 14 percent of the vote.

“I was a little surprised, let’s be frank about it,” said White, on election night. “This is my first venture in politics, and I really didn’t know what to expect.”

As a retired superintendent, White emphasized his experience in Swain County’s school system during the race, emphasizing that he’d spent countless hours creating a balanced budget and creating a strategic plan for the Swain’s schools.

If elected as commissioner, White promised to create an ad hoc committee of citizens to look at Swain County’s needs in the long-term.

Donnie Dixon, the fourth Democrat to move forward to the November race, received about 12 percent of votes cast in the Democratic ballot.

Dixon, a tool and dye maker and machinist, focused on bringing high-paying jobs to the county, creating a more open government with televised meetings and also focusing on setting long-term goals.

With Swain County’s reserve funds dipping dangerously low in the last budget cycle, Dixon vowed to bring financial stability to the county if elected. He served as commissioner in the 1990s when a similar budget crisis occurred and was able to help rectify the situation.

Monteith said he would be more than happy to work with all four Democrats primary winners should they win the November election.

“That, to me, would be a great bunch of people to work with,” said Monteith. “If this is the pick of the people, I would love to have this to work with.”

Monteith said if elected, his top priority is to develop an assisted living senior center in Swain County, which would not only help the elderly community but would bring jobs to the area.



Swain County commissioner

Democrat – top four advance

Robert White: 929

Steve Moon (Incb.): 877

David Monteith (Incb.): 856

Donnie Dixon: 741

Gerald (Jerry) McKinney: 629

Billy R. Woodard: 612

Tommy Woodard: 611

Judy Miller: 427

Janice Inabinett: 328

Raymond Nelson: 136

*There are also four Republicans and one Libertarian running for commissioner, all of whom automatically advance to the fall primary.

Swain County chairman

Republican – one winner advances

Mike Clampitt: 435

William (Bill) Lewis: 220

*The winner will face Democrat Phil Carson in November.

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