THE VIRGINIAN-PILOT  
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Thursday, September 28, 1995           TAG: 9509280390
SECTION: LOCAL                    PAGE: B3   EDITION: NORTH CAROLINA  
SOURCE: BY PAUL SOUTH, STAFF WRITER
DATELINE: MANTEO                             LENGTH: Medium:   65 lines

CORRECTION/CLARIFICATION: ***************************************************************** Bill Stover plans to take legal action in his attempt to oust Dare County Commission Chairman R.V. ``Bobby'' Owens Jr., who Stover contends is violating the law by not living in the district he represents. Because of editing errors, a story Thursday contained erroneous information. Correction published Friday, September 29, 1995, N.C. edition. ***************************************************************** OWENS FACES CHALLENGER IN RACE FOR RE-ELECTION

A Kill Devil Hills Republican says he'll make a formal challenge to Dare County Commission Chairman R.V. ``Bobby'' Owens Jr.'s re-election to the panel on Tuesday, Nov. 7.

Bill Stover, who lost to the Democrat in the 1992 election, contends Owens does not live in the commission district he represents, in violation of state law.

``I plan to take this as far as I can,'' Stover said Wednesday.

Owens calls the allegations ``hogwash.''

Owens represents District 2, which includes Colington, Nags Head and Kill Devil Hills. Registration records obtained from the Dare County Board of Elections show Owens' address as 7114 South Virginia Dare Trail in Nags Head.

However, Stover said he has adequate evidence to force Owens to step down from the board. He declined to elaborate.

North Carolina law requires that commissioners live within the district they represent. Dare County Director of Elections Lynda Midgett said Tuesday that the residency issue turns on the intent of the candidate.

``Residency is defined as the place you plan to return to,'' she said. ``No one knows that except you.''

Owens said that while he sleeps in Manteo, his residence has always been Nags Head. Owens' wife, Sarah, is a candidate for the Manteo Board of Commissioners. Under state law, husband and wife are entitled to have separate residences.

But Stover accused Owens of trying to circumvent the law for his political gain.

``His shaving and showering in Nags Head and having a post office box there is merely an attempt to get around the law,'' Stover said. ``His heart, family connections and political power base are in Manteo. The purpose of the law is to enable the commissioner to have his primary connections in, and need to serve the constituents of the Nags Head and Kill Devil Hills area from which he is supposedly from.''

``Even if the secretary of state rules in his favor, Bobby Owens is clearly cutting corners by not complying with the spirit of the law.''

Once a formal complaint is received, state law provides for a preliminary hearing. In such cases the burden of proof is on the challenger.

If the Board of Elections finds that probable cause exists, then a full hearing is scheduled. The Board of Elections has the authority to subpoena witnesses, just as in a normal court proceeding.

Owens, 62, has served on the board for almost two decades. He said last week that if the Board of Elections upheld Stover's complaint, he would step down. by CNB