By Jessie Burchette
jburchette@Salisburypost
Heavy Democratic turnout in early voting is sparking questions and concern over what happens if Laura Lyerly wins a seat on the Rowan County Board of Commissioners.
More and more people are asking what happens if she wins and doesn’t show up to be sworn in.
Lyerly, the 29-year-old political newcomer, has virtually disappeared since her surprise win in the May Democratic primary.
She hasn’t shown up at any of the events that typically draw local candidates.
She was a no-show at the candidate’s forum Thursday night at Catawba College. She hasn’t responded to calls from the Post and top party officials say they haven’t been able to contact her.
A family member said recently Lylerly has been traveling out of state.
County Elections Director Nancy Evans said Friday she’s hearing from voters who wonder what might happen if Lyerly’s elected ó if she will show up.
And the flip side, what happens if she gets elected ó and doesn’t show up.
Evans has done some checking and found there’s no simple answer.
Many veteran local political watchers are speculating that Lyerly could benefit from a strong push by Democrats to vote a straight party ticket.
Workers at the early voting sites are handing out a blue card recommending the straight vote, which would cover Lyerly as well as Raymond Coltrain, also a candidate for the Board of Commissioners.
If Lyerly wins a seat on the board in the Nov. 4 election, she is not automatically a commissioner.
Bob Joyce, a lawyer on the faculty of UNC’s School of Government at Chapel Hill, said Lyerly has to take the oath of office ó that qualifies her for the office.
Any candidate who doesn’t take the oath of office, or refuses to take the oath, is disqualified from service.
The General Statutes require a person who has been elected to show up on the first Monday in December (after the election) at the regular place of assembly and take the oath.
However, the statute also allows for a person elected who is not present to “take and subscribe the oath at a later time.”
“It doesn’t say how long,” Joyce said. “If somebody is elected and doesn’t take the oath in December, and doesn’t take the oath in January, at some point it could be considered a refusal (to take the oath).”
Joyce said he’s never heard of someone getting elected and not taking the oath. Sometimes, it may be delayed a few days or weeks. “It happens that people can’t be there the first Monday.”
Joyce said the county board of commissioners would likely have to take legal action to get the seat declared vacant ó if the person doesn’t show up after some length of time.
And that creates another set of issues. The General Statutes require that the person being appointed be of the same party as the person being replaced.
Joyce said if the person who is elected never takes the oath, it raises a legal question of who is the member being replaced and what party fills it.
But both commission seats subject to the election are now held by Republicans.
That could set up a situation where a Democratic win on the Board of Commissioners could end up with a Republican appointed.
Joyce said a judge would likely have to settle the question.
All this could come as a challenge to Lyerly’s candidacy moves through the state court system.
Salisbury attorney Pete Hoffman is continuing his legal challenge to Lyerly’s candidacy. He maintains that since she pleaded guilty to a felony count of embezzlement in 1998, she is not eligible to be on the ballot.
The local and State Board of Elections have ruled that because Lyerly received a prayer for judgment continued ó essentially a deferred sentencing ó she was not convicted or adjudged guilty.
Hoffman has appealed the State Board of Elections decision to Wake County Superior Court and plans to take it to the Court of Appeals if necessary.
If she is elected while the case goes forward, Hoffman is asking for a new election to fill the seat.