Defining an abode: Is Maggie election protest legit?

Sep. 13—MAGGIE VALLEY — A formal protest has been filed against a candidate in the Maggie Valley town board race for allegedly living outside the town limits.

The protest was filed by Jeff Lee, another candidate who was initially running for the Maggie Valley mayor's seat but withdrew from the election last week. He claims that alderwoman candidate Eve Barrett lives outside the town limits rather the in-town address she used on her voter records.

Lee's complaint lists two other candidates as possible witnesses against Barrett: Alderman Phillip Wight and Allen Alsbrook. They were running as a trio before Lee dropped out, and the three are in the opposing political camp as Barrett.

Barrett maintains two homes: one inside the town limits that doubles as a vacation rental and a second one just outside the town limits. Barrett claims her in-town address is her primary residence, despite being listed as a vacation rental on AirBnb, VRBO and Facebook.

During a Haywood County Board of Elections meeting Tuesday morning, the board voted to hold a preliminary hearing Friday morning at 10 a.m.

That hearing will serve as a sort of probable cause hearing where the election board will more fully examine the documents submitted and decide if an actual hearing will be scheduled to determine the merits of the protest. No one will be heard from at the preliminary hearing, with the board members just reviewing the documents.

The paperwork Lee filed with the election board late Friday afternoon not only questioned Barrett's eligibility as a voter in Maggie Valley, but also requested she be removed from the ballot and face fraud charges.

In an earlier article, Barrett said that she and her husband split their time between both properties. Legally, there's no litmus test for how many nights someone must stay at a given residence over the course of a year to claim it as their voter registration address.

Drones and tree cutting

The election protest includes exhibits to illustrate that Barrett's in-town home is not actually her primary residence. One exhibit includes a July 25 Haywood County sheriff's report where an officer responded to a complaint at Barrett's outside-town address. The complaint involved Barrett's neighbor flying a drone over the property.

Barrett's husband told officers the drone was invading their space and looking in their windows. But the neighbor told officers he was merely checking out the property line where trees had been cut — a source of tension between the neighbors.

That neighbor, Pete Doyle, is the one who first raised questions publicly about Barrett's residency. He is also listed as a possible witness on Lee's complaint.

Other exhibits with Lee's complaint include social media and web sites advertising Barrett's in-town property as a vacation rental.

"Mrs. Barrett has blatantly lied about her residency," Lee wrote in the complaint. "Her claim to 'live' at 160 Bridle Drive, yet on her own AirBnB listing, she says 'entire cabin 'hosted by Eve' and 'hosts live within 5 miles of the property and can assist guests if needed.'"

Barrett previously defended her residency claim.

"Before registering, I had numerous discussions with the board of elections and leaders of Maggie Valley to ensure that splitting my time between two residences would not be an issue," Barrett said in an earlier interview. "There is no attempt on my part to do anything nefarious or clandestine."

Next steps

Haywood County Board of Elections Director Robert Inman said he forwarded the complaint to the N.C. Board of Elections as required by law.

State law requires residency challenges to be filed within 10 days of the candidate filing period — which ended in July — to be considered "timely," he said. If filed during that "timely" window, it is up to the candidate to prove they live at the address listed on a filing form.

After the window, residency challenges can be made by any voter within the voting district, but the burden to prove nonresidency at that point is up to the challenger, he added. If that's the case, the protest advances to a hearing where witnesses are heard and evidence is examined.

The guidelines, however, raise questions of whether an "untimely" filed complaint — one that comes more than 10 days after the candidate filing period in July — will advance before an election is held.

"The county board shall not consider election protests not timely filed, but shall refer all such untimely protests, along with copies of the protest and attachments, to the State Board office for consideration," the guidelines state.

Even if Lee prevails, it could end up be too late to have Barrett's name removed from the ballot. However, it could still have election implications. In order to serve on a town board, the elected official must be a legal voter and resident of that town.

"Candidate Barrett is not eligible to vote in Maggie Valley municipal elections," Lee wrote on the complain filing.