By NICOLE CARTRETTE
Staff Writer

The Columbus County Board of Elections has issued a written decision in the Jack Meares’ residency challenge.

The board decided in a 2-1 vote last Thursday that the Fair Bluff commissioner would keep his seat, be qualified to run for re-election and retain his right to vote in municipal elections.
The written decision and findings of fact come one day before the deadline of Aug. 22 – the last day the board could issue a written decision.

Board of Elections Director Carla Strickland was directed to draft the decision and forward it to County Attorney Steve Fowler for approval.

All parties involved are being personally served with the decision by the Board of Elections office and have two business days after being served to file an appeal.

Challengers John Wayne Phillips and Chris Scott alleged that 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 written decision states individual findings of fact for each board member and is signed individually by each board member.

Secretary Leo Mercer’s findings of fact state in part “that Mr. James Jack Hubert Meares Jr., testimony covered all parts of residency for voting purposes.

“The property located at 305 Conway Rd. versus the property located at 965 Railroad St. were the addresses being questioned.

“Mr. Meares retains his residency (domicile) at 305 Conway Rd., his dog lives there, and he pays taxes there.”

The findings go on to explain that Meares and his attorney “made a good presentation that Mr. Meares has not abandoned his domicile and does not intend on making his other residence/house his domicile.”

Chairman Jessie Graham’s findings of fact reflect that “the respondent and his attorney have presented the Board of Elections with proof beyond a reasonable doubt that the property at 305 Conway Rd. located in Fair Bluff is the primary domicile of Mr. Meares.”

Conclusions of law signed by Graham and Mercer, read in part, that “the respondent has established by greater weight of the evidence that his temporarily residing at 965 Railroad St. or his Whiteville and Myrtle Beach properties showed no intent on his part to abandon his domicile in the town limits of Fair Bluff or Fair Bluff precinct and that his actions are consistent with the retention of his domicile in Fair Bluff, North Carolina.”

Board member Margaret Roland voted “no” and her dissenting opinion is attached.

“It should be noted that a person with multiple possible domiciles could have mail directed to a destination not necessarily his prime domicile,” her signed conclusion reads in part. “Without verifiable proof, it is not possible to determine the true prime domicile of Mr. Meares.”

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.