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From Staff Reports
ASHEVILLE, N.C. – The Buncombe County Board of Elections — in two separate hearings on Jan. 20 — unanimously denied formal challenges against two local candidates for office, enabling each of them to continue to remain on the ballot in their election campaigns.
Specifically, Asheville Vice Mayor Antanette Mosley was cleared to run in the nonpartisan primary for re-election to her Asheville City Council seat.
(Twenty candidates are vying for three available seats on council. Besides Mosley, the other two incumbents, Sheneika Smith and Maggie Ullman, also are seeking re-election.)
In addition, recent Democrat-turned-Republican Victor “Vic” Morman was cleared by the BCBE to battle challenger Gary Parris in the party primary to be the Buncombe County GOP’s sheriff’s nominee in the general election against incumbent Sheriff Quentin Miller, a Democrat.
The primary election is on March 3, while the general election is on Nov. 3.
In a Facebook posting after its decisions on Jan. 20, the BCBE stated the following:
“Each challenge was heard separately. During the hearings, both challengers and candidates had the opportunity to present evidence, answer board questions, and present witnesses. According to the North Carolina State Board of Elections candidate challenge guide, the burden is on the candidate to show by a preponderance of the evidence that he or she is qualified to be a candidate for the office.
“The board voted to deny both challenges and will also issue a written decision as quickly as possible.”
What’s more, the Asheville Citizen Times reported after the decisions by the BCBE that “a spokesperson said hearings like this (where candidacies are challenged) are not common in the county.”
The ACT added, “The challenges were heard separately, though Mosley’s in particular was lengthy, tense and often rife with back-and-forth. The question at its center regarded her residency — raised after reports that she claimed tax benefits in Georgia legally available only to permanent residents of the state.”
Regarding the Mosley case, Asheville television station WLOS (News 13) reported on Jan. 20 that former City of Asheville official “John Miall had filed a candidate challenge, stating Mosley may not be living in Asheville, which is a requirement for candidacy.
“His (Miall’s) evidence included the fact that Mosley had taken a homestead exemption for years on a Georgia home in the Atlanta area. A homestead exemption is given to a primary residence in the form of lower taxation.
“During the hearing, Mosley said she wasn’t aware of the error in the declaration of homes until news reports brought it to her attention and she requested the exemption be removed retroactively back to 2018. Mosley said she hasn’t been able to live in her primary Kenilworth family home due to damage from Helene and took another property in Asheville to live in. She testified before the board of her long ties and residency in Asheville after growing up in town.”
News 13 then quoted Mosley as tellng the BCBE, “I returned to Asheville in 2016 and re-established my home at 3 Devonshire Place. I registered and voted here. I obtained and maintained a North Carolina driver’s license. I pay taxes here. I have consistently identified Asheville as my domicile.”
Further, the TV station reported, “During his challenge, Miall presented a witness who pulled public records showing the damage Mosley referred to was at the home before Helene, according to the witness. However, Mosley did present photographic evidence of the damage she said came from Helene.
“Buncombe County Board of Elections member Jake Quinn, who voted in favor of Mosley and against the challenge, stated that under the law, Mosley just has to show intent to move back to her Kenilworth home.
“He said during the hearing discussion, he was convinced she lived in Asheville and her filing documents listing her Kenilworth home as her residence were sufficient,” News 13 noted.
The other BCBE members concurred, as the board voted to reject the challenge to Mosley’s candidacy.
The TV station also noted, “Before Mosley’s hearing, a challenge to Vic Morman’s candidacy for Buncombe County sheriff was also denied.
“The challenge alleged he didn’t register as a Republican with the 90-day window required to be registered with a party before filing his candidacy to run for sheriff.”
The ACT added that Morman’s candidacy “was challenged by Tina Lunsford, a registered Republican who lives in Buncombe County.
“She alleged Morman changed his party affiliation from Democrat to Republican and wasn’t registered to vote as a Republican for 90 days before filing to run, as required by state law for partisan races.”
In response to the challenge, News 13 stated, “Board members reviewed his submitted documents, which they said were valid and fulfilled the required time window.”
The ACT noted, “Challengers can appeal the county board’s decision to the North Carolina State Board of Elections.”
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