Court records: Madison Board of Elections director's blood alcohol was .14; limit is .08

MARSHALL - Court records have revealed new information in Madison County Board of Elections Director Jacob Ray's DWI arrest .

Ray, 30, of Marshall, was arrested by North Carolina State Highway Patrol shortly after 10:45 p.m. July 13 after he ran off the side of the road and down an embankment along Walnut Creek Road in Marshall, court records show.

According to the court records, nearly two hours after being apprehended, Ray's blood alcohol content was .14, nearly twice the legal limit of .08.

Per court records, State Highway Patrol Trooper Michael D. Weaver administered a breath analysis just after 12:30 a.m. July 14.

According to Madison County Criminal Court Clerk Lisa Cody, Ray has not been assigned a lawyer as he has not had his first court case. Ray's first court appearance in Madison County is Aug. 27.

Ray is also due in court for a misdemeanor gambling charge in Buncombe County on Oct. 7.

Ray was released on a $1,000 secured bond, and his driver's license will be revoked for at least 30 days

Aftermath

Madison County Board of Commissioners Chair Matt Wechtel expressed his disappointment about finding out about the arrest through outside sources rather than internally from the Board of Elections, adding that finding out from outside sources and not from the county Board of Elections was "troubling and extremely disappointing."

"As soon as the Board of Commissioners was able to confirm the accuracy of the charges, we strongly urged the Board of Elections to take swift and stringent disciplinary actions to ensure the credibility of the Madison County electoral process going forward," Wechtel said.

The News-Record & Sentinel met with Ray July 25, at which point he was still serving as Madison County Board of Elections director.

Ray told The News-Record & Sentinel he did not wish to make a comment, but said the Madison County Board of Elections met for its regularly scheduled meeting July 17, during which it went into closed session to discuss personnel, presumably to vote on whether to recommend to keep Ray on as director.

"It is critical for everyone to understand that the Madison County Board of Elections is a State sanctioned Governing Board," Wechtel said. "As such, the exclusive responsibility lies fully with them to make recommendations to hire, fire, and as they see fit, discipline the County Board of Elections Director and as such, make the appropriate recommendations to the State Board of Elections Executive Director."

The termination process is a long and arduous one, as laid out in North Carolina General Statutes 163-35.1, which deals with termination and suspension of county director of elections.

Under the state law, the county board of elections may, by petition signed by a majority of the board, recommend to the executive director of the State Board of Elections the county board of elections director's termination, and the petition shall clearly state the reasons for termination.

Karen Brinson Bell, a UNC Asheville alumna, currently serves as the executive director of the North Carolina State Board of Elections.

Upon receipt of the petition for termination, the executive director would then forward a copy of the petition by certified mail, return receipt requested, to the county director of elections involved.

"The county director of elections may reply to the petition within 15 days of receipt thereof," the statute reads. "Within 20 days of receipt of the county director of elections' reply or the expiration of the time period allowed for the filing of the reply, the State Executive Director shall render a decision as to the termination or retention of the county director of elections. The decision of the Executive Director of the State Board of Elections shall be final unless the decision is, within 20 days from the official date on which it was made, deferred by the State Board of Elections."

Ray is due in court in Madison County Aug. 27.

Each of North Carolina’s 100 counties has a county board of elections with five members who are registered voters in that county. The state Board of Elections appoints four members – two Democrats and two Republicans – to each county board of elections.

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The Madison County Board of Elections comprises Chair Jerry Wallin, Secretary Dyatt Smathers and board members Brian Ball, Debbie Ponder and Ray Lewis.

Neither Wallin nor Smathers at the Madison County Board of Elections have responded to phone calls and emails.

This article originally appeared on Asheville Citizen Times: Court records: Madison Board of Elections director's blood alcohol was .14; limit is .08