Mecklenburg board again denies effort to disqualify NC Senate candidate over residency

The Mecklenburg County Board of Elections voted unanimously Tuesday to dismiss an election protest from the second-place finisher in a Charlotte N.C. Senate primary.

The board ruled Democrat Lucille Puckett failed to present enough evidence in her protest over fellow Democrat Caleb Theodros’ residency. Theodros presented “substantial” evidence refuting Puckett’s claims, the board ruled.

Puckett originally filed her protest with the county in March alleging Theodros did not properly establish residency in the district at least one year ago. The challenge called for Theodros to be disqualified as a candidate and removed from contention for Senate District 41, which stretches from west Charlotte to Plaza Midwood.

The county board initially declined to give Puckett a hearing last month, but the State Board of Elections overturned that decision, saying she had enough probable cause.

Theodros said Tuesday he’s ready to put the protest behind him and “glad to see the support that we got in the district.”

Puckett told the board she plans to appeal the new ruling to the State Board of Elections.

“It was kind of expected and again kind of disappointing,” she said of the county board’s ruling.

Theodros got the most votes among four candidates on Election Day, with 42.9% of ballots cast. Puckett was in second with 31.2%. Kendrick Cunningham and Robert Bruns followed, with 16.5% and 9.4%, respectively. No Republicans or third-party candidates filed to run in the district. So, the Democratic primary winner will head to Raleigh.

The district is currently represented by Democratic Sen. Natasha Marcus, but she opted to run for state insurance commissioner rather than another term in the legislature after she was drawn out by redistricting.

Puckett questions Theodros’ residency

Puckett’s protest alleged Theodros didn’t live in the district long enough. State statute says candidates for the North Carolina Senate must be a citizen of the state for at least two years and live in the district for at least one year prior to the general election.

Puckett cited reporting from The Charlotte Observer’s news partner WSOC-TV, which said Theodros didn’t update his voter registration to an address in District 41 until late November. He previously was registered in Senate District 40, in northeast Charlotte, and told WSOC-TV he moved to his current residence in District 41 in July 2023. Theodros has said that previous address is his parents’ home.

As proof of her claim, Puckett referenced a June 2023 Duke Energy bill for his District 41 address registered to someone other than Theodros. It’s unclear how she obtained the bill or what it shows.

During the state board’s hearing, she also claimed she mailed a certified letter to Theodros at an address outside the district and that it was signed for. Theodros responded by saying “I don’t know what that’s about” but added that the address Puckett said she mailed the letter to is similar to his parents’ address.

Theodros has said repeatedly he moved to his current address in the correct district before the deadline and just didn’t update his voter registration immediately upon relocating.

The county board voted unanimously at their election canvass March 15 to dismiss the protest and not grant Puckett a hearing. It was a decision Puckett called “bull crap” and vowed to appeal to the state board.

At an April 11 state meeting, board members agreed the decision on Theodros’ eligibility for office should come down to evidence, and that it’s the county board’s responsibility to hold hearings.

County board: Theodros presented ‘substantial’ evidence

Both candidates on Tuesday presented evidence, took questions from the board and cross-examined each other.

Puckett presented photos of the certified letter she reported to the state board as well as a copy of his candidate filing paperwork that showed his residence as an apartment in District 41 but his mailing address at his parents’ house.

Theodros acknowledged he still receives some mail at his parents’ house but argued that’s not unusual for a young adult. He said the signature on the certified letter Puckett presented could be his father’s.

Theodros presented the board with a notarized letter from his father stating the younger Theodros moved out in July 2023 but does receive mail at his parents’ address.

Puckett also presented what she said was a DMV record showing Theodros listed his parents’ address on his driver’s license as recently as last April. She told the board she got the record from a private investigator she hired.

When asked to present his current license, Theodros said he couldn’t recall whether he’d changed his address and left his license at home because he didn’t drive himself to Tuesday’s hearing.

Theodros also said he filed a police report after finding a GPS tracking device in his car and questioned whether that was related to Puckett or the private investigator she hired.

“All I know is I paid for a service and that service was rendered,” she told Theodros.

Theodros declined to share more details about that incident with reporters, referring them to Charlotte-Mecklenburg Police.

He presented multiple pieces of evidence in support of his residency in District 41, including an apartment lease, a notarized letter from the leasing agent at the complex, renter’s insurance documentation and receipts for food and Amazon deliveries to the address in his name. He also said the Duke Energy utilities are in his live-in girlfriend’s name.

Theodros’ partner made similar statements under oath at the hearing and also presented a notarized letter to the board.

Board member John Gresham called that body of evidence “substantial.”

“His evidence has fully convinced me,” he said.

Board member Mary Potter Summa chided Theodros for failing to update his driver’s license but said that wasn’t enough to sway her vote.

“It’s not substantial evidence that you live at that address .... Just because you have a mailing address somewhere, does not show that you live there,” she said.

What’s next in District 41 race?

Puckett said she was disappointed in the county board’s decision and questioned why Theodros wouldn’t switch over all of his mail and his driver’s license if he intended to live permanently at the District 41 address.

She suggested Theodros was politically motivated to claim a new address to run in a Democratic district with no incumbent. Theodros pushed back on that claim during the hearing, arguing he proved that he moved before redistricting decisions were announced.

Puckett said she’s hopeful the state board will find in her favor like they did with her last appeal.

Who are Caleb Theodros and Lucille Puckett?

Theodros is the former chair of the Black Political Caucus of Charlotte-Mecklenburg and a past candidate for Charlotte City Council District 3. On election night, he called his apparent win “a profound honor” and said he would focus on issues such as mental health, economic development and women’s rights in the legislature.

Puckett is a previous candidate for Charlotte mayor and the state legislature. She also has leadership experience with the Charlotte Housing Authority Board and NAACP, among other civic groups. Puckett said in her Observer candidate survey she would prioritize addressing gun violence, low-income housing and economic mobility if elected.

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