Letter To The Editor: Fact is: Cummings is running out of excuses

TO THE EDITOR:

Regarding your July 13 editorial, while The Robesonian is entitled to its own opinion in the mayor’s race in the Town of Pembroke, it is not entitled to its own set of facts.

Here are the undisputed facts: Allen Dial received 197 votes to the incumbent Greg Cummings’ 178 votes in the Nov. 7 mayor’s election in the Town of Pembroke; thus, Dial won by 19 votes, and Cummings lost by 19 votes. On the same day, Cummings filed 11 voter challenges alleging 11 voters were not residents of the Town of Pembroke. Most of the 11 were homeless, but four that Cummings knew, or should have known, lived in traditional housing in town. All of his voter challenges were dismissed.

On Nov. 22, Cummings filed an election protest alleging there were 16 ineligible voters, including most of the 11 voters previously challenged and previously dismissed — again without any supporting evidence. He filed late after the statutory deadline. The Board dismissed his election protest without a formal hearing.

Cummings appealed his dismissal to the State Board of Elections. That Board affirmed the Robeson County Board of Elections’ dismissal.

Cummings then sued the State Board in Wake County Superior Court. Dial was not a party to that action. The Court “stayed” the election results until a further hearing in Wake County. Dial hired counsel and moved to intervene. Several months later without having a hearing in Wake County, the court entered a Consent Order on May 6, returning the election protest to the Robeson County Board of Elections for a full hearing.

Cummings’ election protest hearing was held by the Robeson County Board of Elections on June 25 and July 8. The burden of proof was and is on Cummings to show substantial evidence that would change the outcome of the election. After a four-hour hearing, Cummings failed to meet his burden. Cummings’ attorney called Dial as a witness, then testified himself; however, he offered no affidavits regarding ineligible voters, failed to subpoena any of the alleged ineligible voters, and failed to offer any evidence that any voter was ineligible to vote in the Nov. 7 mayor’s election. Dial’s attorney moved to dismiss Cummings’ election protest at the conclusion of Cummings’ evidence.

The Board then dismissed Cummings’ election protest (a second time) at the conclusion of his evidence, stating in its order that “Cummings’ election protest should be dismissed because there is not substantial evidence of any violation of the election law or other irregularity or misconduct. N.C.Gen.Stat. 163-182.10(b)”

Now, back to the editorial, paragraph by paragraph: There is no evidence that Dial accused Cummings of tampering with the election nor that Dial said 19 votes were not counted. There is no question regarding whether people living in non-traditional housing, the homeless, can vote. It is well-settled law, so long as they meet the same 30-day residency requirement as those in traditional housing must meet. Paragraph 4 is a correct statement of the law. The burden of proof was and is on Cummings, not the Board. The Board ruled against Cummings when they dismissed his election protest; nevertheless, by law, he remains as the “holdover” mayor until the protest is ultimately resolved. Paragraph 7 is a quote by Cummings’ attorney. The Board’s decision did not support Cummings; rather, just the opposite. Again, the Board ruled against Cummings, but he is still the mayor (because he is the incumbent) until the protest is finally settled.

And finally, you are so right in suggesting that there is voter frustration. All 197 voters in the Town of Pembroke who elected Allen Dial as mayor have good reason to be frustrated. Their candidate won but has been denied the office for more than eight months. At some point Cummings will run out of appeals, and when that happens, Dial will be the next mayor of the Town of Pembroke.

Gary L. Locklear

Pembroke