• Residency challenge is over: or is it?

By NICOLE CARTRETTE
Staff Writer

The Columbus County Board of Election decided Thursday that a Fair Bluff commissioner would keep his seat, be qualified to run for re-election and retain his right to vote in municipal elections.

Challengers John Wayne Phillips and Chris Scott alleged incumbent Jack Meares’ official residence was a home at Timber Cove in Whiteville but Meares maintained that a home at 305 Conway Road in Fair Bluff is his residence.

The board rejected, in a 2-1 vote, the residency challenges.

Chairman Jesse Graham and Secretary Leo Mercer voted in favor of Meares and agreed his Fair Bluff home was his domicile.

Board member Margaret Roland voted “no.”

Meares said very little during the meeting that lasted less than an hour and afterwards had nothing to say.
“I don’t have any comment,” Meares said.

Mercer said the presentation by Meares and his attorney, Butch Pope, “covered all of the points asked.”

“It was real thorough,” Mercer said.

“One of the complaints was that he (previously) resided at 305 Conway Road and the other at 965 Railroad Street,” Mercer pointed out.

Mercer said the 305 Conway Road address is where Meares was born; it is his home and where he retains his residency.

“He has clothes there, a dog there and he pays taxes there,” Mercer said. “He did live at 965 Railroad Street after marriage.”

To which, Meares responded “yes.”

“He may have an actual abode in one place and a permanent domicile in another,” Mercer added.

Mercer said an “acquisition with the intent to make the new place a permanent home” would be required to deem that Meares was no longer a resident of Fair Bluff.

He pointed out the law provides that leaving to another district for “temporary” purposes does not constitute abandonment.

He added that hearsay cannot be brought into a hearing and may not be upheld.

He said some people are fortunate to have three or four homes and reside and intend to maintain one of them as their domicile. “They can designate that.”

He said after considering all of the evidence that Meares’ drivers license, burial site, and membership at Fair Bluff Baptist Church are all tied to the town where he claims residency that he (Mercer) was “prepared to vote.”

Roland disagreed. She had prepared a written statement and read it aloud.

“It should be noted that a person with multiple possible domiciles could have mail directed to a destination not necessarily his prime domicile,” Roland said.

“With three acknowledged possibilities for domicile, Whiteville, Fair Bluff, Myrtle Beach, (S.C.) odds are one out of three that domicile is one at a time with time and frequency of either unknown,” she added. “Could it be that two of the three need to be abandoned in order to establish prime domicile for these purposes?

“Without the verifiable proof, it is not possible to determine the true prime domicile of Mr. Meares,” Roland said. “Following considerable thought and deliberation I have doubt that sufficient evidence has been presented to illustrate Mr. Meares’ prime domicile is located in Fair Bluff.

“With all due respect, it is not possible to render a vote supporting Mr. Meares’ claim of specific domicile in Fair Bluff.”

Graham took a different view.

“I believe without a doubt in my mind that the permanent domicile is the address of 305 Conway Road in Fair Bluff,” Graham said. “He has convinced me beyond a reasonable doubt that he is a resident for voting purposes.”

Mercer then made a motion to reject the challenges to Meares’ residency and allow him to maintain his voting rights and residency.

“He has established the facts that Fair Bluff is his home,” Mercer said, pointing out that he too has more than one home. “I think Mr. Meares has the right to do the same thing.”

Graham announced the findings of fact as stated would be put in a written decision early this week.
A written decision must be served upon the parties by Aug. 22.

One of the challengers, Phillips, was not present. However, Scott, who missed the hearing a few days prior due to a medical emergency in his family, asked to speak.

“I absolutely had a medical emergency,” Scott said before requesting a copy of the transcript. “I need that in order to file an appeal,” Scott said.

The candidate or challenger has two days from the date of the written decision to file an appeal to the board.

According to the law, the board must prescribe forms for filing such a challenge. Upon rendering a final decision, the decision may be appealed to the N.C. Court of Appeals.