Election rules often issue in municipal races
by JEFFERSON WEAVER, Staff Writer
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Larry Hammond regularly has to explain why some people can't vote or run for office in municipal elections.

"People think that because they own property in a town, they have the right to vote," he said. "That's not the case. North Carolina doesn't have property voting rights. You have to live in the town limits, and that has to be your legal residence."

Municipal elections in all Bladen County towns Nov. 8.

Only legal residents of a town may register and vote or run for office in the municipality, Hammond said.

"A business doesn't count," he said. "A post office box doesn't count. It has to be a permanent residence."

According to N.C. General Statute 163-57, a domicile is a place to which a person has every intention of making his permanent residence. If he leaves the property on a temporary basis, he must return to the residence for it to remain permanent.

People whose jobs or other circumstances require long absences-such as students, teachers, construction workers, state and U.S. elected officials, military personnel and others-are automatically assumed to keep their permanent residence where they register to vote.

For a move to be considered permanent, state voting laws require that a person abandon a residence and permanently move to a new location.

Vacation homes do not necessarily qualify as permanent domiciles, Hammond said, anymore than a congressman's home in Washington counts as his permanent home.

"Moving because of a temporary job, or because of government action, does not disqualify the voter," Hammond said. "They simply must intend to return to the domicile."

A town's municipal limits often cause problems for both voters and candidates, Hammond said, if they do not update their voter registration information.

"Living in the planning and zoning area doesn't count," Hammond said. "Living in the extra territorial jurisdiction doesn't count-unless annexation will take place before an election."

As long as a person will be living in a precinct by election day, Hammond said, he or she may legally run for office or vote.

State law requires the Board of Elections to take reasonable steps to ensure someone is qualified to run for office, Hammond said, "but the candidate is expected to tell the truth."

As an example, Hammond described how a citizen who might want to run for public office might not even live in his or her new precinct at the time of filing.

The candidate could file for election in the new precinct as long as they could show their intent to make the second location their new home by election day, Hammond said.

"As long as they have a permanent residence in place at the time of the election," Hammond said, "they're good to go."

Any registered voter may challenge someone's residency or voter registration. The board of elections then investigates the challenge, and if necessary, orders a hearing to determine if the challenge is justified.

Hammond also cautioned that voters can only cast a ballot in one precinct.

"If you are registered to vote in one town where you have a home," he said, "you can't vote in another, unless you move your permanent residence there."

Referendums, like White Lake's pending beer sales election, often draw renewed attention from people who live in one place but are impacted by what happens in another.

"People sometimes don't understand that just because they will be affected by an issue facing a town, they don't necessarily have a vote," he said. "Only permanent residents who are properly registered to vote and live within the town limits can cast a ballot."

Challenges are rare but not unknown in the county, Hammond said. A well-known case involved the race for White Lake's mayor in 1989.

In that race, Goldston Womble and Annie Lee Smith both filed for the town's top job.

Smith challenged the residency of six voters in the election. Five of the six votes were disallowed in that race.

"All we want is for the elections to run smoothly," Hammond said, "and make sure everyone who is legally qualified to vote or run for office gets that chance."

Hammond said many misunderstandings can be handled with a simple phone call to the board of elections.

"We are here to help," he said. "People need to tell us when they move, or if there have been other changes. If we don't have up to date information in their file, it could slow things down on election day."

For more information or to check your registration information, call 862-6951.

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