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By Jessie Burchette

Salisbury Post

A Rowan County Board of Commissioners candidate's 10-year-old embezzlement plea has raised questions about whether she can legally run or serve.

Laura Lyerly won a spot on the Democratic ballot in the May 6 primary, collecting 6,351 votes.

But it's unclear if the 29-year-old candidate will remain on the ballot in November. The local district attorney says he doesn't think Lyerly's record would prevent her from holding office, but he's awaiting an opinion from the N.C. Attorney General's Office.

Lyerly did not return telephone calls or e-mails from the Post.

In August 1998, authorities charged Lyerly, who was then 19 and working at K-Mart, with embezzlement.

A Class of 1997 valedictorian at North Rowan High School, she was enrolled at UNC-Chapel Hill. She was apparently working a summer job at K-mart.

On Oct. 20, 1998 Lyerly entered a plea of guilty to embezzlement. She received a prayer for judgment continued and paid $80 in court costs.

The state Attorney General has been asked to issue an opinion as to whether the prayer for judgment is a conviction.

Records of the case have been destroyed, but Lyerly has acknowledged "shoplifting" while employed at K-mart. She disclosed that fact while speaking at a forum as a candidate for the Salisbury City Council in 2007.

Lyerly filed for the Board of Commissioners on Feb. 29. One of the questions on the filing paperwork is, "Have you ever been convicted of a felony?"

Lyerly circled "No."

If a candidate answers "Yes," to that question, the form also provides spaces to specify the offense, date of conviction and other details. Lyerly did not fill in any of those spaces.

Lyerly signed the sworn statement of candidacy, which was certified and verified by Rowan County Elections Director Nancy Evans.

Questions about Lyerly's brush with the legal system and status as a candidate began flying around the county immediately after the election.

District Attorney Bill Kenerly said Tuesday that someone in law enforcement asked for his opinion on whether a prayer for judgment constituted a conviction.

The N.C. Constitution prohibits anyone who is a convicted felon from running or serving in public office.

Kenerly said that after considering the matter, he decided that it isn't a proper question for him to deal with. So he contacted the N.C. Attorney General's Office and asked for an advisory opinion.

Kenerly said he was advised that it will take about a month to get an opinion from the Attorney General's Office.

Kenerly said he believes that prayer for judgment is not a conviction and would not disqualify Lyerly from running and serving.

"Local attorneys commonly say that it (prayer for judgment) is not a conviction," said Kenerly. He added that this appears to be the first time this issue has been raised concerning a candidate at the local and state level.

Kenerly called John Hudson, chairman of the Rowan County Board of Elections, to make sure he was aware of Lyerly's court record.

The Board of Elections certified Lyerly's election during a meeting May 13.

Hudson said he sought advice from an attorney for the State Board of Elections, who told him the local board should not consider the matter unless there is an official challenge from a resident of the county.

"If we get a challenge we will consider it. We haven't received a challenge," Hudson said.

A Salisbury attorney, Hudson offered his view that Lyerly has not been convicted of a felony.

"Prayer for judgment is not a conviction," he said. "She pleaded guilty; the court did not find her guilty. She has not been found guilty. No final judgment was entered against her."

Hudson said if Lyerly had been found guilty, she would have been placed on the felon list and not allowed to vote.

"According to her voting record, she has voted," Hudson said. "She was never sent over on a felony list."

Ralph Walton, who finished third in the Democratic race for two seats on the county board, said he heard rumors about the matter just after the election.

"I got a call," Walton recalled. "They said, 'Don't throw your signs away.' "

Walton said Tuesday that he will not file a challenge, but he added that he stands ready to run if Lyerly is no longer on the ticket.

He discounted the legal hair-splitting.

"She pled guilty. She did it," he said. "Whether she was forgiven, the fact is she did it. She won't be able to get elected."

Walton admitted he was surprised that a political newcomer amassed more than 6,000 votes. "I got Hillaryed," he said, pointing out that women all over the state won in the Democratic primary — all except Hillary Clinton.

Walton received 3,739 votes.

On Lyerly's MySpace page, she wrote a message late Monday evening entitled "Apology," but did not tie it to her candidacy.

"I am sorry. Really sorry. Sometimes you don't even understand what you do. You just start on a path and once that direction is set in motion it is difficult to stop it. I am sorry," she wrote.

Staff writer Shavonne Potts contributed to this story.

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

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