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Published on: 2005-06-09
ANNEXATION
Added voters would get say
If annexation goes forward Sept. 1, new Fayetteville residents should be able to run for office and vote in the fall city elections, the State Board of Elections says.
The only hurdle is getting new election districts approved in time by the U.S. Department of Justice, said Gary Bartlett, executive director of the state board. Sept. 1 is the date Fayetteville will likely make annexation official if no appeals are filed with the state Supreme Court. On Tuesday, the state Court of Appeals denied three annexation challenges. The court ruled that the Home Builders Association of Fayetteville and Cumberland County Citizens United missed the 60-day deadline to appeal the city's annexation ordinance. The court also ruled against Keith Kegley, a soldier at Fort Bragg. Kegley's lawyer said the federal Servicemembers Civil Relief Act suspended any statute of limitations for people in the military. Lawyers for the plaintiffs said they plan to appeal. If the state Supreme Court hears their appeal, annexation could be on hold for another year. The state Supreme Court stopped Fayetteville's annexation of 42,000 people and 27 square miles about a year ago. Mayor Marshall Pitts Jr. said he expects the state Supreme Court to hear the cases. Pitts said he would consider delaying the municipal elections to give newly annexed residents an opportunity to be part of the political process. Bartlett said the only way city elections can be delayed is by a special act of the legislature or by court order.
Conditional papers
Residents in areas to be annexed could file conditional candidacy papers with the Cumberland County Board of Elections, he said. The period to file for the mayor or City Council elections starts July 1 and ends Aug. 5. Candidates would only be allowed to run if they are city residents at the time of the election, Bartlett said. The city's primary election is Oct. 11; the general election is Nov. 8. Bartlett said if the people are city residents as of Sept. 1, "There would be no problem allowing them to participate in the election." Cumberland County elections officials said getting ready for expanded municipal elections on short notice would be difficult. Tony Chavonne, the only announced candidate for mayor, said he assumes the election will go on as scheduled. "My sense is the vocal ones affected by annexation are coming in upset," Chavonne said. "How they will vote, I don't know." Chavonne said the city needs annexation to grow. He said his concern is providing services to new residents in a timely manner. Pitts declined to answer questions Tuesday about a re-election bid and the effects of annexation. Pitts voted for annexation. He has not said whether he will seek re-election.
Approval of changes
The Voting Rights Act of 1965 requires the Department of Justice to approve any election changes. North Carolina is one of 11 states where municipalities must get changes precleared. The act is intended to ensure that all residents have equal voting opportunities and that election changes do not dilute minority voting rights. Approval of new voting districts normally takes about 60 days, Bartlett said. The city could ask the Department of Justice to expedite its review, given the circumstance, he said. The city has approved new district boundaries which will take effect when annexation becomes official. Most of the annexed areas are slated to come into District 6, represented by Paul Williams; District 8, represented by Juanita Gonzalez; and District 9, represented by Johnny Dawkins. Gonzalez and D.J. Haire were the only council members to vote against annexing when the ordinance was adopted Nov. 24, 2003. Dawkins and Williams were not on the council then. City Attorney Karen Williams said the new districts were submitted to the Department of Justice, but no action was taken. "We were told the districts won't be reviewed until the annexation challenges are resolved," she said. Staff writer Don Worthington can be reached at worthingtond@fayettevillenc.com or 486-3511. |
