The Bladen County Board of Elections has been holding meetings to select judges for the upcoming Primary Election. Some precincts in Bladen County do not have a Republican judge. Many have questioned if not having a Republican judge at each precinct is lawful.
Katelyn Love, General Counsel with the North Carolina State Board of Elections, explained the situation. If a county political party chair’s recommendations for judges are insufficient, it is permissible for the county board to appoint judges not recommended by the party chair if the county board’s vote is unanimous. The county board shall seek to “diligently” fill the positions with registered voters of the precinct before appointing any non-residents, and “shall assure, wherever possible, that no precinct has a chief judge and judges all of whom are registered with the same party.” See G.S. § 163-41(c).
She stated in an email to the local Board of Elections, “It is my understanding that on August 17, 2021, the Bladen County Board of Elections met and appointed precinct judges. In advance of the meeting, the Bladen County Republican Party chair submitted a list of nominees to the county board. For certain precincts, the list contained only the name of a voter who did not reside in the precinct. For example, in Abbotts P10, Belinda Caulder was the only name submitted, and she resides in another precinct. In this instance, by a vote of 3-2, the county board appointed two Democrats and an unaffiliated judge. Because the county board appointed a judge who was not recommended by the county party chair, the vote was required to be unanimous.”
Ms. Love went on to explain to the Board in her email: In any instance where the county board’s appointed judge was not recommended by the relevant county party chair and the vote to appoint that judge was not unanimous, your board should take the following action to remedy the situation:
1. Take a new vote to appoint the current judge. If the vote is not unanimous, it fails, so proceed to #2.
2. Take a vote to appoint a non-resident judge who is recommended by the county chair of the affected political party. If the vote is not unanimous, it fails, so proceed to #3.
3. If both votes in #1 and #2 fail, the position is vacant and the county board chair shall appoint a judge as provided in G.S. § 163-41(d):
(d) If, at any time other than on the day of a primary or election, a chief judge or judge of election shall be removed from office, or shall die or resign, or if for any other cause there be a vacancy in a precinct election office, the chairman of the county board of elections shall appoint another in his place, promptly notifying him of his appointment. If at all possible, the chairman of the county board of elections shall consult with the county chairman of the political party of the vacating official, and if the chairman of the county political party nominates a qualified voter of that precinct to fill the vacancy, the chairman of the county board of elections shall appoint that person. In filling such a vacancy, the chairman shall appoint a person who belongs to the same political party as that to which the vacating member belonged when appointed. If the chairman of the county board of elections did not appoint a person upon recommendation of the chairman of the party to fill such a vacancy, then the term of office of the person appointed to fill the vacancy shall expire upon the conclusion of the next canvass held by the county board of elections under this Chapter, and any successor must be a person nominated by the chairman of the party of the vacating officer.
In this instance, the “vacating official” is not the precinct official whose recent appointment was invalid. Instead, it would be the properly appointed vacating official prior to that the August appointment. The party of that prior official would determine which county political party to consult under G.S. § 163-41(d).
According to G.S. § 163-41, Persons appointed to these offices must be registered voters and residents of the county in which the precinct is located, of good repute, and able to read and write. Not more than one judge in each precinct shall belong to the same political party as the chief judge. Anyone wishing to be a precinct judge should contact their political party’s chairperson.
The Bladen County Board of Elections will have its monthly meeting on Tuesday, March 8, 2022, at 5:00 pm. The public is invited to attend, according to Christopher L. Williams, Director Bladen County Board of Elections.
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