Here's how the Cumberland County Board of Elections voted on City Council candidate challenge
Fayetteville resident Melene Hatcher challenged Enrique Roberto "Rick" Murillo for not disclosing on his candidate filing form a 2012 felony conviction in South Carolina.
According to the North Carolina State Board of Elections, a felony does not prohibit a candidate from filing for election, but candidates must disclose whether they've been convicted of a felony.
Hatcher and Murillo both provided testimony and documents at the county Board of Elections' Aug. 12 meeting, which was attended by more than 65 people, some holding signs featuring Murillo's mugshots.
Murillo, also known as Ranger Rick, filed July 16 for the District 5 seat currently held by Council member Lynne Greene.
According to Horry County, South Carolina, court records, Murillo was charged in 2011 with third-degree criminal sexual conduct. He pleaded guilty in January 2012 to a charge of first-degree assault and battery, which is a felony in South Carolina.
"I know for a fact that if I was a felon ... and (if) I would have checked felon, it would not have hindered my opportunity to run, as we have felons in office," Murillo said at the Aug. 12 meeting. "So therefore, my understanding is that I am not a felon."
In addition to his contention at the meeting, in interviews with The Fayetteville Observer in July, Murillo maintained that he does not think he has a felony conviction and said he accepted a plea deal because his accuser could not be found and he didn't want the case to drag on.
BOE members wrestled with three questions before voting:
— Did Murillo plead guilty to or was he found guilty of a felony?
— Did Murillo complete any associated sentencing?
— Were Murillo's voting rights restored?
Chair Linda Devore and board members Brenda May "Bree" Eldridge, Ryan Eric Johnson, Derek Edmonds and Irene Grimes all agreed that they think Murillo was found guilty of a felony in South Carolina.
During the nearly two-hour meeting, they struggled to determine whether Murillo's rights were restored at the time of his filing.
In taking the final vote on whether they thought Murillo proved he was eligible to file as a candidate, Grimes cast the dissenting vote.
Grimes questioned the date that Murillo's voting rights were restored and whether they were restored before or after his candidacy filing, while other board members asked if the date that he settled his fines factored in.
Following the meeting, Hatcher told The Fayetteville Observer that she will file an appeal of the Cumberland County Board of Elections' decision with the State Board of Elections.
"Ignorance of the law, or ignorance of a felony conviction, are not a defense," Hatcher said during the hearing. "If ignorance is an excuse for false information, it will undermine our election system's integrity."
Greene told The Fayetteville Observer after the meeting that she suspected the Board of Elections would vote how it did because the law requires a candidate to disclose whether they're a convicted felon and requires them to disclose what the felony is.
Board members at the meeting said candidates are provided with a felony disclosure form if they say they've been convicted of a felony on their candidacy form. Chair Linda Devore questioned whether Murillo still needs to fill out that form if he's still not acknowledging his felony.
Greene said she understands from City Council quasi-judicial hearings that there are certain questions a board asks during the hearing, but board members are not attorneys.
"I think this is a precedent for voter reform across the state and election reform with some of the things that we do, because clearly (the board) even had questions," she said. "This was not about Mr. Murillo personally. This was about the process and being truthful."
Editor's note: This story was updated to add new information
Staff writer Rachael Riley can be reached at rriley@fayobserver.com or 910-486-3528.
This article originally appeared on The Fayetteville Observer: Rick Murillo can stay on the ballot for Fayetteville City Council
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