Everhart files state appeal

The State Board of Elections will make the final call on Spencer’s next mayor.

Jody Everhart, who lost the Spencer mayoral race in a drawing last week, has filed an appeal to the State Board of Elections.

Everhart is appealing the Nov. 19 decision of the Rowan Board of Elections that allowed a voter registered in Rockwell to vote in the Nov. 6 election.

The provisional vote cast by Alyce Scott Thomas-Bishop for Gettys sustained a tie, with both candidates having 408 votes.

With the vote tied at 408, the Rowan Board of Elections held a drawing, with Gettys emerging the winner.

If the state board rules Thomas-Bishop was ineligible, Everhart would be the winner.

Everhart filed a protest with the local board, which conducted a hearing on whether Thomas-Bishop met the 30-day residency requirements.

In a 2-0 vote, the Board of Elections ruled that she was a resident of Spencer for at least 30 days prior to the election.

In his appeal to the state, Everhart renews his contention that Thomas-Bishop made a sworn statement on Oct. 11 to the Register of Deeds while applying for a marriage license that she was a Rockwell resident.

Everhart also contends that as of the Nov. 19 hearing, she had not changed her voter registration from Rockwell. Furthermore, he contends that her driver’s license and checking account show the Rockwell address and that her son attends school in the Rockwell district.

Everhart contends that the local board erred in counting her vote in the Spencer election.

Officials said today that the state board has not set a date to hear Everhart’s appeal.

The appeal is the latest chapter in an election that has seen both Everhart and Gettys declared the winner for at least short periods.

On election night, Everhart was ahead by three votes.

Following a canvas on Nov. 9, Gettys picked up three votes, forcing a tie, 404 each.

A drawing was held with Everhart declared the winner.

Gettys then called for a recount. In the machine recount, the count rose to 408 each.

In a second drawing, Gettys won. Everhart then challenged Thomas-Bishop’s ballot.

Contact Jessie Burchette at jburchette@salisburypost.com  or call 704-797-4254.