RALEIGH — On June 30, the N.C. State Board of Elections (NCSBE) voted 3 to 2 along party lines against remanding a case involving a Guilford County bond referendum vote back to the Guilford County Board of Elections for further consideration.
The complaint, brought in April by former Guilford County Commissioner Alan Branson, asked the Guilford County Board of Elections to investigate issues surrounding alleged illegal promotion of a proposed $1.7 billion school bond that was to appear on the May ballot and eventually was approved by voters. The Guilford County Board of Elections had voted 3 to 2 down party lines to dismiss, prompting an appeal by Branson to the NCSBE.
A copy of the letter was also sent to N.C. State Board of Elections Executive Director Karen Brinson Bell, Guilford County Attorney Matthew Mason and two Council of State members; State Treasurer Dale Folwell and State Auditor Beth Wood.
NCSBE Board Chair Damon Circosta (D), along with Stella Anderson (D) and Jeff Carmon (D) voted no while members Stacy Eggers (R) and Tommy Tucker (R) voted yes.
There was considerable debate about accepting and reviewing additional supplemental materials in the case.
Philip Thomas, one of the attorneys representing Branson, presented the case at the meeting and highlighted the voting margins by which the bond passed as well as the materials supplied showing potential bias in the advertising and promotional materials disseminated by the county and school system.
“It is our belief, our position and our argument that these mass communications are going out to thousands of people,” said Thomas, who then directed the board to look at an analysis in the supplemental documents provided showing a possibly paid operative within the county’s school system had a “detailed game plan on how to go about getting their school bond passed.”
Thomas said the number of communications that went out was “easily over the margin” and that probable cause existed to move forward which would allow for more discovery.
Kevin Cline, co-counsel on the case, cited relevant case law (Guilford v. Keller) and precedent while arguing their appeal does meet statutory requirements. Kline argued the burden of proof should shift to Guilford County officials to “prove there was a lack of authority for attorneys to act on behalf of Mr. Branson.”
Additionally, attorney Steven Walker, citing the NCSBE’s own rules, also presented state statutes related to the authority and jurisdiction of the NCSBE in the case.
Caroline Mackey, an attorney representing Guilford County’s interests, pointed out that the Branson complaint only asked for a new election in the bond issue and not the sale tax issued that appeared on the May ballot. She also said they had “received no explanation” as to what caused voters to vote yes on the bond but no on the sales tax and but then went on to say that their data showed historically “schools bonds have always passed in Guilford County in the last 25 years.” An example of the 2020 bond and sales tax on the Guilford ballot was given.
Thomas rebutted that argument, noting that in 2020 the bond was passed but the sales tax also failed.
A second lawyer representing Guilford County, Jill Wilson, argued the communications about the bond were proper.
Following the arguments made by both sides, the vote was taken deciding not to remand the case back to the county board of elections.
