2 days ago
Unaffiliated candidate mistakenly barred from Orange County election, court rules
Orange County mistakenly barred a candidate from running for a county commissioner's seat, the state Court of Appeals ruled Wednesday.
Appellate judges ruled that a lower court incorrectly supported the county's interpretation of election rules for candidates who aren't affiliated with a political party.
In 2022, Connor Fraley filed a petition with Orange County seeking placement on the ballot as a candidate for District 2 seat on the Board of County Commissioners.
The county's attorney told him he would need a petition including signatures from 4% of the county's voters. After the filing period ended, county officials sent a letter telling Fraley his petition had failed.
Fraley soon filed a complaint with the Orange County courts asking for a judgment showing he needed only signatures from 4% in his district — not the whole county. He also sought court costs and expenses, but the lower court sided with Orange County.
On Wednesday, the Court of Appeals reversed that decision and granted Fraley's original demand.
In its decision, a three-judge panel noted that North Carolina offers counties a variety of choices in placing candidates with no stated political party onto the ballot.
In Orange County's case, candidates can be nominated in specific districts and collect signatures for nomination in only those districts. Qualified voters over the whole county elect the entire board.
'A plain reading of the statute supports an interpretation that to be nominated for District 2, plaintiff was only required to garner signatures 'by qualified voters of the district equal in number to four percent of the total number of voters in the district,'' said the court's opinion.
Appeals Court judges Michael Stading, Julee Flood and Donna Stroud made the ruling. All three are Republicans.
Reached Wednesday, Fraley declined to comment.
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