THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, November 21, 1995 TAG: 9511210284
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY PAUL SOUTH, STAFF WRITER
DATELINE: MANTEO LENGTH: Medium: 89 lines
The Dare County Board of Elections Monday dismissed allegations that Board of Commissioners Chairman Robert V. ``Bobby'' Owens was illegally elected to the governing panel.
Earlier this year, Kill Devil Hills resident Bill Stover had filed a formal challenge with the elections panel, accusing Owens of living outside the commission district he was elected to represent.
However, in a 2-1 vote split along party lines, the board that oversees county elections ruled that no probable cause exists to hold a full hearing on Stover's accusations.
Stover, a Republican beaten by Owens, a Democrat, in the 1992 elections, said he will appeal. Under state law, that appeal would be heard in Dare County Superior Court.
Democrats Carlisle Davis and John Mecomber voted to dismiss the complaint, while Republican Chuck Elms urged the board to investigate the matter further before dismissal.
After the hourlong hearing, Owens said the flap was motivated by partisan politics.
``I'm elated,'' Owens said. ``It's evident that this goes beyond Mr. Stover, and the Republican Party is taking me on. I was not surprised at the outcome, but there's certainly going to be an appeal.''
Stover said he, too, was not surprised at the result.
``It went pretty much as we expected,'' Stover said. ``What we're trying to do is get this issue about residency cleared up once and for all. If we do that, then we've accomplished something.''
The board heard testimony from Dare County Director of Elections Lynda Midgett, who said Owens' voter registration form and voting ledgers showed he had voted in Nags Head municipal elections beginning in 1972, and in county elections in 1973.
John Schrote, a former Cabinet-level official in the Bush Administration, argued on Stover's behalf that intent of the person is important but not conclusive. Stover claims that Owens lives in Manteo, outside the commission district he represents.
Owens acknowledged that he and his wife, Sarah, have a home in Manteo but that his residence is in Nags Head and always has been.
Schrote urged the board to hold a full hearing to investigate Owens' vehicle registration, tax returns, and other documents that could reveal Owens' residence.
Sarah Owens, an unsuccessful candidate in the Manteo municipal elections, votes in Manteo. North Carolina law says that husband and wife can have separate voting residences.
Schrote argued that a ``reasonableness test'' should be applied in this case.
``Commissioner Owens sleeps in Manteo, according to his own words,'' Schrote said. ``He drives to his office from where he sleeps. Commissioner Owens apparently claims his office as his domicile. . . . He does not sleep there, and it is reasonable to assume that one's office is not one's domicile.''
He added, ``There is an overarching issue here. It involves truth, confidence in our government's equal application of the laws, and confidence in its elected officials. To maintain that confidence, . . . we believe it's necessary to hold a full hearing.''
But under cross-examination from Owens' attorney Keith Teague, Schrote acknowledged that Stover had not researched available public records to determine Owens' residence. Teague argued that the true test was probable cause, not reasonableness, according to the statute.
``Since 1972, Mr. Owens has consistently voted in Nags Head. The records presented in this hearing show that he is registered at 7114 S. Virginia Dare Trail. There's been no evidence presented that he has voted in Manteo, or that he owns property in Manteo. You can have five, 10 or 15 residences, and still have only one domicile.''
Elections Board Member John Macomber pointed to former President Bush as an example of multiple residences.
``George Bush claimed his domicile as a hotel in Texas,'' Macomber said. ``You can have a lot of residences, but only one domicile.''
After the hearing, Republican Elms criticized the board's action.
``This was politics as usual in Dare County. It was swept under the rug,'' Elms said. ``It was my understanding that there would not be cross-examination until a full hearing. I felt we should have held that hearing to answer some of these unanswered questions.''
Owens said, however, that he is ready for the appeal.
``I want to get this settled,'' he said. ``We're ready to move on with this. It needs to be cleared up.'' ILLUSTRATION: Color photo
Robert V. "Bobby" Owens
by CNB