N.C. Judge Hears Arguments Over Provisional Ballots
By Tracey Early & Web Staff
The hotly contested race for [North Carolina] state superintendent of public instruction heads back to the courtroom Wednesday. This time, a Wake County Superior Court judge will hear arguments in the case. The outcome of this race has been tied up in a legal dispute over provisional ballots for months now. But that could end when the judge determines what to do with those ballots.
The outcome of this race has been tied up in a legal dispute over provisional ballots for months now. But that could end when the judge determines what to do with those ballots.
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After the final count in November, Republican Bill Fletcher trailed Democrat June Atkinson by 8,500 votes. But Fletcher said out-of-precinct ballots shouldn't be counted.
Last month, the [N.C.] state Supreme Court ruled in his favor saying elections officials must throw out more than 11,000 provisional ballots. Meanwhile, Atkinson wants lawmakers to declare her the winner.
Tuesday, the General Assembly gave final approval to a bill that Democrats said affirms a 2003 law stating that out-of-precinct ballots cast on election day should be counted. That bill now goes to Governor Mike Easley.
The Wake County Superior Court judge will hear from lawyers on both sides of the case Wednesday afternoon.
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