June Atkinson leads Bill Fletcher

[Laurie]

As of 6:01 pm on Nov 4, 2004 June Atkinson is ahead of Bill Fletcher 1,620,239 to 1,613,576.

Check NC board of election website for updates http://www.sboe.state.nc.us/

[Laurie]

Atkinson leads Fletcher 1,653,753 to 1,645,774 as of 12:31 am on 11/11. Fletcher has already requested a recount. But, since there was a problem in Carteret county with 4438 ballots cast in early voting not being counted and not recoverable, there may be another statewide election held for state superintendent and ag commissioner (the other close race). Atkinson leads by more than the number of unrecoverable ballots, but that may change with a recount and there may be other places with ballot problems. State law requires the election to be held in the entire jurisdiction. State elections director Gary Bartlett said it was unclear whether a new election would be held statewide or only where there were problems. When will it end?
http://www.newsobserver.com/politics/elections/ncraces/story/1818464p-8126544c.html

[Brent]

When will it end?

It could end quickly if Bill would do the right thing and concede.

[Brent]

Aha, turns out I have a picture about the probability of Bill doing the right thing and conceding:

http://wilkes1.wilkes.edu/~terzaghi/BIO-226/images/pig-fly.gif

[Anonymous]

It ain't over 'til the fat man concedes.

[Laurie]

There will still be a new election for ag commissioner.

[washere]

I dunno, let's find out what's happening already so I can call everyone I know across NC and tell them NOT to vote for Bill.

[johnb]

We should contact this June person, whoever she is, and volunteer. As many of you are registered Republicans and all of us Wake County victims of Fat ******* it could make for some interesting campaign stops in the Raleigh area eh?

[Brent]

As of 11/12/2004 3:31:15 PM:

Atkinson 1,656,092
Fletcher 1,646,838

Concede, Bill.

[Brent]

As of 11/12/2004 3:31:15 PM:

Atkinson 1,656,092
Fletcher 1,646,838

Concede, Bill.

According to my sources :wink: , this means that Bill can't be part of any special election, because the difference in votes exceeds the number of spoiled ballots. Bill has, however, requested a recount because apparently he believes he is entitled to spend more of our taxpayer money before he ultimately concedes.

However, the same source indicates that there probably will be a special election for Commissioner of Agriculture (the esteemed position vacated by Meg herself), because the difference there is less than the number of spoiled ballots, which should cause reams of taxpayer money to be spent.

Still, democracy is grand. It would be grander still if Bill would be a "big man" and concede.

[Anonymous]

What does spoiled ballots have to do with a recount! :?:

[washere]

We should contact this June person, whoever she is, and volunteer. As many of you are registered Republicans and all of us Wake County victims of Fat ******* it could make for some interesting campaign stops in the Raleigh area eh?
I'd like to read the e-mail (or hear a recording of the phone call) you send her, John.

I can only imagine... :lol:

[Brent]

What does spoiled ballots have to do with a recount! :?:

Nothing -- but apparently it has to do with holding a new election or not.

[Wuptdo]

Where here is the latest from the Election folks!

http://apnews.fimc.net/showarticlewptf.asp?id=328382&url=www.wptf.com&site=wptfam&catg=Triangle&headlines=1&show=10

Hopefully, Bill will throw in the towel!

Wuptdo B-)

[Laurie]

When will it end?

It could end quickly if Bill would do the right thing and concede.

http://abclocal.go.com/wtvd/news/113004_APstate_votingproblems.html
Highlights from the article:
"The State Board of Elections rejected a protest over ballots cast outside voters' precincts, then unanimously certified the Democrat as the winner of the race for state superintendent of public instruction. Candidates have 10 days after their protests are handled by the board to appeal any ruling.

Late Monday, Wake County Superior Court Judge Henry Hight declined to delay any certification of Fletcher's race by the state board while the provisional ballot question is examined by the courts.

During Monday's court hearing, Crowell argued that letting people vote in any precinct within their county increases the likelihood of electoral fraud.

Lawyers for the state said the same logic would make unlawful the more than 1 million votes cast before Nov. 2, either by absentee ballot or through early voting."

So if Fletcher gets his way, not only will the provisional ballots not count, but 1 million early and absentee votes won't either. So far he has not prevailed. And with still no end in sight.

And the Ag commissioner situation is still to be worked out.

[johnb]

If there is one politician in the state that should implement a Kurt Cobain solution upon himself Fletchenstein is now that guy.

He's upset, great, go through the Bojangles drive through and buy yourself a SuperTailgate Special Fletchenstein. Hell, get two if you're *really* depressed, just go the hell away.

[Laurie]

But, since there was a problem in Carteret county with 4438 ballots cast in early voting not being counted and not recoverable, there may be another statewide election held for ... ag commissioner... State law requires the election to be held in the entire jurisdiction. State elections director Gary Bartlett said it was unclear whether a new election would be held statewide or only where there were problems.

State elections officials decided Tuesday to have those whose ballots were lost (4,400 ballots from one Carteret voting machine) and anyone in the county who was eligible to vote in November but didn't, come back for an odd midwinter, one-race, partial-county election to determine the winner of a statewide office. About 24,000 voters in this coastal county will be asked next month to pick North Carolina's agriculture commissioner.
http://www.newsobserver.com/politics/elections/ncraces/story/1892153p-8226410c.html

It's great that they decided to have the people whose ballots were not counted come back and vote again instead of having a state wide revote. But why let the people who did not bother to vote have another opportunity? And how much $ will be spent in this one county for a new vote that will decide this statewide office?

[washere]

Carteret County, huh???

That's where Emerald Isle is.

I say CP takes a road trip and campaigns for whoever isn't Fletcher.

In the winter, you can get one of those big-*** houses that every Realtor but me has (that one was for you, Wup :wink: ) for super duper cheap.

When is this election, anyway?

[Laurie]

I'm sorry I did not make clear the race I was referring to. Fletcher lost his protest before the state board of election (but he's still appealing it). I think the sboe certified June Atkinson the winner of the state superintendant race. The revote is for ag commissioner - Cobb vs Troxler. And I was wondering how much $ their campaigns would spend on this revote since it will decide the election? And why the registered nonvoters were given another chance to vote?

[washere]

Wait, I thought there was some big lawsuit that Fletcher instigated to keep the BOE from certifying the results???
:roll:
What if Fletcher wins his appeals?

[Wuptdo]

CharChar wrote:


What if Fletcher wins his appeals?

CharChar - ROFL!!!! :lol:

Flectcher + Republican = No Win in North Carolina.

Wuptdo B-)

[washere]

Man...

I really wanted an excuse to go to the beach.

[Brent]

And why the registered nonvoters were given another chance to vote?

Why indeed? The people whose votes were lost should be allowed to revote. Opening it up to others after the fact is wrong.

[d4vendel]

Opening it up to others after the fact is wrong.

Brent - I could not agree with you more! Why should people that could not be bothered to show up for a general election that included a Presidential race have ANY say in this?

I think that the 4400 that had their votes lost should be able to cast their votes again. The problem is that I doubt 30% of the people would even bother to do so. That not going to be enough to beat Troxler's current count. Cobb needs such a high percentage of the 4400 - it just isn't going to happen for him.

Of course, since they are going to open it up to the 20K that could not be bother to exercise a right that people around the world dodge bullets to do, this race will most likely wind up back in the courts before it is all over. Maybe we will have an Ag Commissioner before the 2005 NC State Fair!

- David

[Wuptdo]

What I would like to see is the N&O really do some digging on some of the other "State" races, like they did for Meg Scott Phelps (former AG Sec). There is no happier day for the taxpayers of N.C. as when an elected official is lead away in handcuffs. :D

Funny, maybe someone could enlighten me. Meg S. Phelps was splashed all over the front pages of the N&O. However, when Walter Ballentine (Congressman, 1st District) was caught with his hands in the till, he was only featured in the "B" section of the N&O. Could there be race and gender bias at the N&O? 8O

For the record, I think something very "fishy" is going on with the election of the AG Commish. We will never know.

Wuptdo B-)

[johnb]

There is no happier day for the taxpayers of N.C. as when an elected official is lead away in handcuffs. Very Happy

THAT'S the spirit Wup!

Nothing like a politician doing the perp walk in cuffs to brighten my day !

[Anonymous]

December 10, 2004

Supreme Court Remands Case to Superior Court for First-level Decision


Dear NC Voters!

It took Supreme Court action to make it happen. Finally, we will get a hearing on the primary legal question in this election – the constitutional definition of a qualified or eligible voter. The hearing is scheduled for 2:00 P.M., Thursday, December 16, in Wake Superior Court with Judge Hight. Watch your local news or web-news for coverage.

We may win or we may lose this hearing. If we win, the opposition will assuredly appeal. If we lose, we will appeal. So don’t be elated or alarmed based solely on what happens Thursday. This is a necessary step to get to the NC Supreme Court for a final opinion on the qualified voter question.

(Note: Corporate contributions are permitted to pay for legal expenses. See details below.)

So far the State Board of Elections and my opponent have been in a delaying mode, pleading every possible reason for the court to avoid or delay ruling on the substance of our argument. We originally went to court in order to expedite a conclusion. The state continues to delay, delay, delay. We will see this to the end. But that commitment costs money and your contribution and encouragement are essential.

Why is this so issue so important? Because state officials have developed their own definition of a “qualified” voter that opens the door for significant fraud and confusion on Election Day. That behavior will affect every future election unless someone challenges administrative moves that undermine the constitution. That’s what we’re doing – whether it changes the outcome of my race or not.

Before the court will be two issues:

Clarify the constitutional definition of a qualified or eligible voter.

Require the State Board of Elections to add Bill Fletcher to the special election ballot in Carteret County where there are 24,000 eligible voters. This issue may or may not be heard based on legal motions filed by other candidates in other courts.

We had hoped for the constitutional question to be resolved in November. We remain hopeful that it will be decided in December, but we have no guarantees. Thank you again for your continued interest, prayers and support. My family and I greatly appreciate it.

Sincerely,



Bill Fletcher


P.S. To pay for legal fees, corporate checks are acceptable when made payable to “Election Protect and Litigation Fund” and mailed to PO BOX 5614, Cary, NC 27512-5614. We need your help to continue this challenge that will ultimately determine the rules for all future elections in our state.

P.P.S. Personal contributions may still be made to the “Bill Fletcher for Superintendent Committee”. These funds can be used for general campaign or legal expenses and are subject to the limitations of the Campaign Reporting Act. The address for both funds is PO BOX 5614, Cary, NC 27512-5614.


...........Going to vomit now

[Brent]

"...and if that doesn't work, we'll go to the Florida Supreme Court! We have retained David Boies as attorney and Al Gore himself as a consultant, so we really need those corporate contributions". :-X

C'mon, Bill, do us all a favor: repeat after me: "I concede". Three syllables.

[washere]

Well, I kinda hope he does manage to get himself added to the Carteret ballot.

I was really looking forward to that road trip :lol: .

I can see it now...

"I'm not asking you to vote for anybody. I'm just asking you NOT to vote for Fletcher." :wink:

[washere]

From MSNBC:

Judge Cancels Special Election In Carteret County

RALEIGHN.C. - A special election to decide the disputed race for agriculture commissioner was declared illegal Friday by a judge who ordered state officials to find another way to account for votes lost in Carteret County during the general election. The State Board of Elections had planned the special election for Jan. 11 in Carteret, where 4,438 early ballots were lost due to a faulty computer. People whose ballots were lost were to be eligible to vote, along with anyone from the county who did not vote in the general election.

Candidates for agriculture commissioner and superintendent of public instruction had challenged the election as unconstitutional.

Britt Cobb, the Democratic agriculture commissioner, asked the court to block the revote, saying it violates state election laws. Cobb favored a new statewide election.

Cobb trails Republican Steve Troxler by 2,287 votes out of about 3 million cast, which means the lost Carteret votes could swing the election.

Troxler's appeal said only the people whose ballots were lost on Nov. 2 should get to vote again.

Wake County Superior Court Judge Henry Hight agreed, writing in his ruling that the Jan. 11 plan "is arbitrary and capricious, contrary to law and affected by error of law."

Cobb's filing cited seven legal defects in the special election ordered by the state board.

The vote would violate the mandatory, minimum 75-day break for voters between elections, eliminate the one-stop voting period and prohibit absentee voting, including military personnel overseas, Cobb argued.

"I am very grateful that the court has agreed with my efforts to make sure every eligible voter can vote in the new election," Cobb said. "The court has reinstated the voting rights of military personnel and other voters."

Troxler said he hopes the state elections board acts quickly to resolve the issue since members of the Council of State are slated to be inaugurated on Jan. 15.

"As I've said all along, there is only one common-sense solution here, and it's to let just those 4,438 people whose votes were lost vote again and be done with this once and for all," Troxler said. "With all due respect to my opponent, it's simply wrong at this juncture for anyone to be fighting for an unnecessary new statewide election that would cost taxpayers $3.5 million and throw out 3.3 million votes already cast to replace them with just a few hundred thousand." Lawyers for the state argued that the state board had already rejected a new statewide election and limited revote in Carteret.

In the same ruling, Hight also rejected an appeal by Bill Fletcher, the Republican candidate for state superintendent of public instruction, who wanted the court to block certification of the Nov. 2 results in his race and add the race to the ballot in the Carteret County special election.

Fletcher, who lost to Democrat June Atkinson by 8,535 votes, contends thousands of voters unlawfully cast provisional ballots outside their home precincts on Election Day.

The elections board has certified Atkinson's victory in the race.

[johnb]

The elections board has certified Atkinson's victory in the race.

Better a leftwing moonbat than Fletchenstein!

[Laurie]

"The N.C. Supreme Court on Wednesday blocked Democrat June Atkinson from taking office as the state's next education chief. The court will hear Republican Bill Fletcher's argument that about 10,000 ballots cast Nov. 2 in the race for superintendent of public instruction should be discounted. ... The order means the Department of Public Instruction won't have a new leader Jan. 15, when other state leaders start their terms. ... A Supreme Court hearing Jan. 18 gives Fletcher the chance to make his case again and keeps alive his chances of winning the office that helps set education policy."

http://www.newsobserver.com/politics/story/1956677p-8322488c.html

[washere]

At this point, you've really gotta wonder why Fletcher is doing this...

I mean, does he honestly think he can legitimately win the race now?

Or is he doing this to have a judicial precedent in NC concerning people voting in the right precinct?

[Wuptdo]

CharChar - I believe Fletcher is "taking one for the team" on this. The team being the State GOP. By forcing an issue that State Democrats have been able to ignore for decades; i.e., voting in "your" own district. If judges agree with him and do set "precedent" it will even the playing field even more (for all voters). I hate to say this, but in a way, what he is doing will benefit us all.

I just hope the State GOP has a nice, highly paid political job waiting for him.

Wuptdol B-)

[Wuptdo]

Two months laters, and several court appearances and rulings, we still don't have a Super for DPI. However, today the N&O ask Mr Flecther to throw in the hat and "do the right thing."

Time to move'on Bill.

Wuptdo B-)

[Cathy]

While I was working a poll location in Nov., I saw one guy who was manning the Dem table encourage two different people to go on in and vote a provisional ballot.
One woman was saying that she knew where she should be voting but it was further away than she wanted to drive to. With this guy's encouragement, she went in to vote "out of precinct".
I wasn't able to discourage her by telling her that if she voted that way, the decision could rule her vote invalid.
The next woman was someone who was confused about the two polling places that are both on Reedy Creek Rd. Again this guy tried to talk her into stepping inside and voting provisional instead of pointing her down the road to the right place. I was able to talk this person into going on to her correct polling place.
I thought this was suspicious behavior on the part of this guy.

I would like to see this judge make a final ruling on whether these out of precinct provisional ballots should be thrown out.
And hope he decides that they SHOULD.
Perhaps Mr. Fletcher is holding out for a good reason.

[Wuptdo]

Cathy - I hope you reported the behavior to precinct Captain. When I was at Cary Academy voting, there were two people also at the wrong place. They needed to be accoss the street at the Fire House. In one case, it was just following the signs.

Anyway, if you look at one of my older postings on this subject, I still believe that Flecther is taking one for the team on this issue. See above.

Wuptdo B-)

[Laurie]

http://www.wral.com/news/4299501/detail.html
Fletcher Plans To Continue Fight To Be State School Chief

"I think of 'The Gambler' song, you know when to hold [them], know when to fold them. Mr. Fletcher really needs to fold it now," Atkinson said.
(Story posted 3/18/05)


http://www.wral.com/news/3837189/detail.html
"What I bring to the table is an ability to bring people from both parties together," Fletcher said.

This is from an interview Fletcher gave that was posted on WRAL on 10/20/04.

[Brent]

"What I bring to the table is an ability to bring people from both parties together," Fletcher said.

Yeah, in a courtroom, using a subpoena. :roll:

[johnb]

:twisted:

Thank you for refreshing the belief that I am not the only cynical SOB here Brent.

[Laurie]

http://abclocal.go.com/wtvd/news/042605_APstate_votingproblems.html

Fletcher Files More Motions with N.C. Appeals Courts
By The Associated Press (04/26/05 -- RALEIGH)

"The Republican candidate for state school superintendent filed motions with appeals courts Tuesday seeking another ruling on provisional ballots, as well as a stay should a new election law be approved by the U.S. Justice Department."

"With no stay in effect, the General Assembly will be free to declare Ms. Atkinson the winner ... with no recourse to the courts,"

[Laurie]

The next school board meeting is Tuesday, May 17 at 4 pm. Anyone up for a "Concede Bill" protest?

[Brent]

End of April and still no state school superintendent, thanks to Wild Bill #2. Yeah, I'm up for a "Concede Bill" protest!

[HW]

There comes a time in fighting battles where persistance causes more harm than good (even when you think you are right). I agree that it is time for Mr. Bill to give up the race. Count me in on the protest. Additionally, we might want to consider a letter writing campaign to the Republican leaders to see if they will put pressure on him. But being a wacko on the left I can't do that. :-D

HW

[johnb]

A recovering wacko on the left Harold. There is hope for you.

[Brent]

I suggest that the protest slogan be:

"June is the superintendent, not when she's supposed to take office"

[johnb]

That is great! You are a rotten human being Brent! LOL

Fletcher hates your kid!
Otherwise he'd end his bid!

[Laurie]

Raleigh's picketing rules:

Sec. 12-1055. PICKETING DEFINED.
The terms picket , pickets and picketing as used herein are deemed to include "demonstrators," persons participating in vigils and any action primarily promoting or objecting to a policy upon those portions of the public ways not used primarily for vehicular parking and moving traffic and not constituting a parade.
( Code 1959 , §15-35.1(j))

Se 1104 c. 12-1056. PICKETING PERMITTED; NOTICE OF INTENT AND RECEIPT REQUIRED.
Peaceful picketing shall be permitted in the City provided the same is done under the following conditions:
(a) No picketing shall be conducted on the public ways of this City and no person shall participate in the same unless notice of intent to picket has been given to the Chief of Police or his designated representative, and unless a receipt of such notice has been issued.
(b) Notice of intent to picket shall be given in writing and shall contain the following information.
(1) The name, if any of the organization or group sponsoring or proposing to picket ;
(2) The location or locations in the City 1104 where the pickets propose to assembly and demonstrate;
(3) The date on which the picketing is to occur;
(4) The name of the person and organization giving notice of intent to picket ;
(5) Whether or not persons below the age of eighteen ( 18 ) years are expected to participate; and
(6) The person or persons to be in charge of the activity and who will accompany it and carry any receipt of notice at all times.
(c) It is unlawful for any person to engage in picketing before or about the residence or dwelling of any individual.
(d) Upon the giving of notice of intent to picket , properly completed as hereinabove set out, the designated officer 1104 shall immediately issue a receipt of notice. The receipt shall contain all information stated in the notice. Notice shall be given by the holder of a receipt of notice to the Chief of Police or his designated representative immediately upon the cessation of such picketing for a period of twenty-four (24) hours or more. Before resumption of picketing interrupted for any such period, a new notice shall be given and a new receipt issued.
( Code 1959 , §15-35.1(a)--(c); Ord. No. 1990-504, §1, 3-7-90)

Sec. 12-1057. STANDARDS OF CONDUCT FOR PICKETING ACTIVITIES.
(a) Picketing shall be conducted only on portions of the public ways not used primarily for vehicular parking or moving traffic.
(b) Pickets may carry written or printed placards or signs not exceeding twenty-four (24) inches promoting the objective for which picketing is done provided the words used would not tend to incite violence.
(c) Pickets must, if marching, march in single file, not abreast, and may not march closer together than fifteen (15) feet, except in passing one another. Pickets not marching shall remain at least fifteen (15) feet apart.
(d) If pickets promoting different objectives, causes, actions or policies desire to use a sidewalk that is already used for picketing , the Chief of Police or his designated agents shall allot a number of pickets promoting each objective, to use such sidewalk, on an equitable basis, proportionate to the number of objectives being promoted.
(e) Pickets shall be restricted to the use of the outermost half of the sidewalk or other public way nearest the street and shall not at any time nor in any way obstruct, interfere with, or block: persons entering or exiting from vehicles; persons crossing streets or otherwise using the public way; the entrance or exit to any building or access to property abutting the street or sidewalk; or pedestrian or vehicular traffic.
(f) No person observing, engaging in, or assisting in picketing shall bring to or allow to remain in the immediate area of picketing any vicious animal.
(g) It shall be unlawful for anyone to picket without filing a notice as required herein or without being issued a receipt of such notice.
(h) The provisions of §§12-1055 through 12-1057 are mandatory, and not merely directory, and failure to comply with the provisions of these sections is hereby declared to be unlawful and punishable as provided by law.
( Code 1959 , §15-35.1(d)--(i), (k)--(m))

Sec. 12-1058. INTERFERENCE WITH PICKETS PROHIBITED; POLICE AUTHORITY TO DISPERSE CROWDS; FAILURE TO LEAVE WHEN ORDERED DECLARED OFFENSE.
(a) It shall be unlawful for any person to physically interfere with pickets in the use of the sidewalk or to address profane, indecent, abusive, or threatening language to or at those pickets which would tend to pro 1104 voke the pickets or others to a breach of the peace.
(b) The police officers of the City may, in the event of the assemblage of persons in such numbers as to tend to intimidate pickets pursuing their lawful objective through numbers alone or through use of inflammatory words, direct the dispersal of persons so assembled and may arrest any person who fails to absent himself from the place of such assemblage when so directed by the police.
(c) Whenever the free passage of any street or sidewalk in the City shall be obstructed by a crowd, whether or not the crowd assembles as a result of or in connection with picketing , the persons composing such crowd shall disperse or move on when directed to do so by a police 1104 officer . It shall be unlawful for any person to refuse to so disperse or move on when so directed by a police officer as herein provided.
( Code 1959 , §15-35.2)

[Brent]

So, who's going to file the notice of intent to picket with RPD?

[Laurie]

http://abclocal.go.com/wtvd/news/050505_APstate_fletcher.html

Legal Setback for Fletcher in School Race

"The state Supreme Court handed another legal defeat to the Republican candidate for school superintendent when they declined to examine the constitutionality of certain ballots."

"Atkinson again called on Fletcher to concede and let her take office."

[Laurie]

http://www.wral.com/news/4468900/detail.html

N.C. General Assembly To Decide On Contested Election

POSTED: 7:52 pm EDT May 9, 2005

RALEIGH, N.C. -- Six months after the election for state school superintendent, North Carolina lawmakers will decide who won the race.

Last week, the state justice department cleared the way for the North Carolina General Assembly to choose the state school superintendent.

On Monday, Democratic candidate June Atkinson wasted no time filing her petition to the General Assembly. "For the sake of public education, I want this soap opera to play its final episode soon," Atkinson said.

Atkinson is calling on lawmakers to declare her the next state school superintendent.

Although she led Republican Bill Fletcher by more than 8,000 votes after November 2, he tied up her certification in the courts, and said he does not plan to back down now.

"Nothing substantive has changed," Fletcher said.

Voting rights advocates say enough is enough.

Chris Heagarty, of the Center for Voter Education, said North Carolina has taken over for Florida as the poster child for disputed elections.

"It used to be you'd have an election, people would vote, and then you accepted the results," Heagarty said. "Now, it seems that if there's an election and you don't like the results, you either litigate or you legislate."

Lawmakers have set up procedures for them to decide this contested election, as well as any future ones for the legislature or Council of State.

With Democrats in control, political observers believe Fletcher's chances are slim.

Fletcher now has 10 days to file his arguments against Atkinson's certification. He said he still hopes the courts will intervene and prevent that from happening.

In the meantime, House and Senate leaders are moving forward on naming a special committee made up of five senators and five House members to consider the race. No more than three from each chamber can be Democrats.

[Brent]

"It used to be you'd have an election, people would vote, and then you accepted the results," Heagarty said. "Now, it seems that if there's an election and you don't like the results, you either litigate or you legislate."

I deny the litigation and I deny the litigator!

Geesh, even Bill ought to be able to see the handwriting on the wall by now.

[johnb]

Brent my man!

I deny the Fletchination and the Fletchinator!

[Laurie]

Anybody want to have a "Concede, Bill" protest on Tuesday, May 17th? The school board meeting starts at 4 pm. [The committee of the whole (COW) meets at 2 pm.] I think it would be best to be there by 3:30 pm so we are there when people start to arrive for the board meeting. And we should stay until 5:30 pm so the local news can cover it if they want. I will go to Raleigh and get the permit if people commit to being there. Brent and I will have a variety of signs to use or you can make your own.

Click on the e-mail button at the bottom of my post and send me a message that you WILL be there. If nobody will be participating, I am not going to get a permit. Tell me how many people will be participating and how many of them are under 18 years old.

[Brent]

I'm still laughing at "Committee of the Whole (COW)", but count me in!

[Laurie]

I only got one reply, so I did NOT get a permit.

[Wuptdo]

Anyone know what has finally happened here? I haven't heard a peep in weeks.

Wuptdo B-)

[Laurie]

The lawyers for the candidates presented their arguements before a legislative committee in July. The committee will make a recommendation to the legislature some time. When? The full legislature will vote and determine a winner.

From the 7/17/05 N&O:
Now the matter rests with the legislature (which claims jurisdiction over the race in a dispute like this), where Democratic Rep. Joe Hackney of Orange County got to the bottom line in a committee meeting with Fletcher, Atkinson and their lawyers. As noted in the Insider, a news service affiliated with The N&O that covers state government, Hackney asked Fletcher's lawyers, "Is there any evidence you can point to that shows Mr. Fletcher received more votes than Ms. Atkinson?" The lawyers said no.

[Brent]

Hackney asked Fletcher's lawyers, "Is there any evidence you can point to that shows Mr. Fletcher received more votes than Ms. Atkinson?" The lawyers said no.

Good for Hackney. And isn't it a pitiful shame that this has dragged on for all this time when the very core issue stated so simply here is in-your-face obvious? Geesh. :evil:

[Laurie]

http://www.wral.com/apncnews/4827586/detail.html

Legislative Report Recommends Atkinson For Top Education Post

POSTED: 11:23 am EDT August 9, 2005
UPDATED: 11:23 am EDT August 9, 2005

RALEIGH, N.C. -- Democrat June Atkinson should be the state's school superintendent, a 10-member joint legislative committee said in a report released Tuesday.

The panel reviewed the report Tuesday morning and was expected to vote later in the day on whether to send the recommendation to the General Assembly.

The full General Assembly will hold a joint session to consider the recommendation and pick the winner. Atkinson would appear to have the advantage because 92 of the 170 legislators are Democrats.

Atkinson leads Fletcher by 8,535 votes out of more than 3.3 million ballots cast in last November's election. Fletcher contends the vote totals are wrong because more than 11,000 out-of-precinct provisional ballots were illegal.

The state Supreme Court ruled in February that these kind of ballots were unlawful, but the Legislature later passed a law that essentially overturned the opinion.

The race is the last unresolved contest in the nation for a statewide or federal post on last fall's ballot.

Fletcher filed last week for re-election to another term on the Wake County Board of Education this fall, but said his decision shouldn't be construed that he is giving up on the superintendent's race. The candidate filing deadline for the local school board was Friday.

[johnb]

I don't get it....I would have thought that in order to drag this out Fletchenstein would have had to have had evidence showing he might, at the very least MIGHT, have more votes than what's her name.

Barring that, what was his point?

[Brent]

Fletcher filed last week for re-election to another term on the Wake County Board of Education this fall, but said his decision shouldn't be construed that he is giving up on the superintendent's race. The candidate filing deadline for the local school board was Friday.

Oops, sorry Bill, that is precisely how I construed it. You lost.

[Wuptdo]

From today's N&O:

Atkinson backed in vote dispute

A legislative panel's dicision means she is likely to be declared state school chief.

Complete Story here (http://www.newsobserver.com/news/story/2708003p-9145227c.html)

Just my 2 cents.......

IMHO, neither one of these people are qualified for the position. But when it comes to voting for things in this State, when has qualification been an issue. The nice Professor from Meredith College is doing a wonderful job, and probably the only "qualified" person to ever to the job. For what it is worth, I believe positions like this should be "appointed" by the governor, instead of "costly" statewide elections.

Wuptdo B-)

[Laurie]

Atkinson Sworn in!

http://www.wral.com/news/4886798/detail.html

June Atkinson Sworn In As State Superintendent

POSTED: 3:26 pm EDT August 23, 2005
UPDATED: 6:10 pm EDT August 23, 2005

RALEIGH, N.C. -- Democrat June Atkinson was sworn in as North Carolina's Superintendent of Public Instruction Tuesday afternoon after state lawmakers chose her earlier in the day to fill the nation's only statewide elected office from November that was undecided.

The 93-21 vote came during a historic joint session of the state Senate and House, with more than 50 lawmakers -- nearly all Republican -- writing "protest" on their ballots or indicating they could not determine a winner.

The General Assembly had not selected a winner for statewide office since North Carolina law was changed in 1835 to allow citizens to directly elect a governor.

The outcome was expected: a 10-member legislative panel recommended Atkinson and Democrats hold a 14-seat advantage among the General Assembly's 170 members. Atkinson waved from the House gallery to the crowd and hugged her husband and nephew after winning. She was immediately sworn into office in a nearby room.

"I hope to cram four years into three years and a half," Atkinson said during the ceremony.

Her Republican opponent Bill Fletcher congratulated her after the vote and wished her well.

"Certainly, we wish the outcome would have been different," Fletcher told reporters.

Atkinson won 8,535 more votes out of more than 3.3 million ballots cast in the Nov. 2 election. The State Board of Elections certified her as the winner in December, before the state Supreme Court blocked Atkinson from taking office so Fletcher could challenge the election in court.

Fletcher argued in court that at least 11,000 ballots cast outside of voters' home precincts were unlawful. The state Supreme Court agreed in February that the ballots were cast illegally, but the Legislature later passed a law that essentially overturned the opinion.

The General Assembly's decision cannot be appealed in state court, and Fletcher said he does not plan to pursue the matter in federal court. He said Tuesday the courts should still determine whether some provisional ballots were cast in violation of the state constitution.

"The fundamental issue hasn't been resolved," Fletcher said.

He also said lawmakers should have not become involved in the outcome of the race. His lawsuit asking a state court to determine whether lawmakers should have intervened is still pending.

The state constitution directs that contested statewide races be finalized "by joint ballot of both houses of the General Assembly in the manner prescribed by law."

But the law that governed the General Assembly's role in elections was inadvertently deleted from state statute in 1971. The law approved this year that stripped the courts of authority in the election also established the process that led to Tuesday's joint session.

"We are properly here," said Sen. Dan Clodfelter, D-Mecklenburg, who led the committee that recommended Atkinson take office. "I think we are properly discharging the responsibility placed upon us."

Lawmakers voted by paper ballots that they marked and then signed. Many GOP members, including Senate Republican Leader Phil Berger, declined to vote, arguing that Democrats had warped the elections process by changing the rules after the November election.

"I think it's not the way that we ought to be handling this at this point," Berger said during the joint session.

[Laurie]

http://www.wral.com/news/4946369/detail.html

Despite Motion, Fletcher Says He Won't Try To Take NC Schools Job

POSTED: 9:33 pm EDT September 7, 2005
UPDATED: 9:33 pm EDT September 7, 2005

RALEIGH, N.C. -- The Republican candidate for state schools superintendent, who lost a historic election two weeks ago at the General Assembly, said Wednesday he has no plans to challenge June Atkinson's victory even if his pending court case succeeds.

In a motion filed Tuesday with the state Court of Appeals, Bill Fletcher argued the judges should hear his election challenge although lawmakers named Atkinson the winner Aug. 23.

Fletcher said appeals courts have yet to answer whether lawmakers were allowed to intervene in the superintendent's race by passing laws this year that applied to their election last November.

In that election, Atkinson led Fletcher 8,535 votes, but Fletcher argued more than 11,000 ballots shouldn't have counted because they were cast outside voters' home precincts.

The state Supreme Court agreed in February that the ballots were cast illegally, but the Legislature later passed a law that essentially overturned the opinion. The Democratic-controlled General Assembly also set up rules to determine a winner in the contested election, authorized by the state constitution.

Atkinson took office after the General Assembly gathered in a joint session and named her the winner. She later filed a motion asking the appeals court to dismiss Fletcher's legal case, arguing it was now moot.

In Tuesday's response, Fletcher attorney Michael Crowell said Atkinson "taking office as superintendent of public instruction does not finally resolve her right to hold that office and thus does not make this matter moot."

Crowell wrote the appeals courts still should determine whether out-of-precinct provisional ballots are unconstitutional and whether the General Assembly had the right to seat Atkinson.

"Both of those are significant constitutional questions," Fletcher said Wednesday.

After the joint session, Fletcher told reporters he was not going to try to stop Atkinson from taking office.

Fletcher said Wednesday he still has no intention to challenge Atkinson, saying his motion "is an argument of law, not necessarily a statement of what I'm going to do" should court opinions favor him.

The state Democratic Party pointed to the motion as a sign Fletcher was going back on his word. "It would be in the best interest of all concerned if Bill Fletcher would simply go away," Chairman Jerry Meek said.

Atkinson's attorney, John Wallace, found Tuesday's filing somewhat surprising.

"Publicly he's saying one thing and in the court he's saying another thing," Wallace said.

Fletcher already has filed for re-election this fall to another term on the Wake County Board of Education. Atkinson's term as superintendent would end at the close of 2008.[/quote]

[Brent]

It would be in the best interest of all concerned if Bill Fletcher would simply go away.

Well said.

I'll bet even JohnB could agree with the State Democratic Party Chairman on that one!