LUMBERTON — The Robeson County Board of Elections in a 2-1 vote on Wednesday decided not to hear a protest filed by Laura Sampson alleging that a ballot has gone missing in the Lumberton City Council Precinct 7 race.
The board did vote, however, to conduct a complete hand-to-eye recount of all ballots cast in Precinct 7 election as soon as possible.
“A hand-to-eye count of all of the ballots cast in this election is the only way to resolve existing issues surrounding this election,” said Steve Stone, chairman of the three-member elections board, during a preliminary hearing on the protest.
Sampson, following a recount on Saturday, is one vote behind incumbent Leon Maynor, to win the seat.
According to Stone and board member Daniel Locklear, Sampson’s protest petition did not provide sufficient “probable cause” that a violation of election law, election irregularity or misconduct has occurred, as required by state election regulations.
The third member of the board, Tiffany Peguise-Powers, differed with her fellow board members and voted against the motion to deny Sampson’s protest without a full hearing. She did not elaborate on her vote, telling The Robesonian after the meeting only that she disagrees that there was no probable cause for Sampson’s petition to be worthy of a full protest hearing.
Sampson was not at Wednesday’s hearing. Maynor was in attendance.
Sampson’s protest concerned what she alleges is a missing ballot. In District 7, multiple ballot styles were used and during a recount Saturday one of the Style 22 ballots reported to have been marked could not be found.
The petition said that the county board recorded 55 ballots of Style 22 were issued and initially determined that 55 ballots of Style 22 were cast. At the recount last Saturday the board could only locate 54 ballots of Style 22, the petition said. Maynor, then one vote behind Sampson, requested Saturday’s recount.
Sampson in her petition also questioned the way the board handled a spoiled ballot that she had challenged earlier. She alleges that the board found an extra ballot that it assumed, without proof, to be the replacement for the spoiled ballot even though the identifying numbers on the ballots did not match.
Stone said that Sampson still has the option of submitting an amended protest petition or file an appeal with the State Board of Elections.
“There are still options for these concerns to be heard,” Stone said.
Stone’s recommendation that a complete hand-to-eye recount be conducted also passed with a 2-1 vote. Peguise-Powers cast the dissenting vote without explanation.
Stone said the recount will be done by four people who are not Board of Elections staff, most likely experienced chief judges in other precincts. Board of Elections members, he said, will only become involved if there are questionable ballots that the vote counters can’t agree on. The candidates would be allowed to observe the hand recount.
No date has been scheduled for the recount, but Stone said it will be held as soon as possible.
