Republican candidate Roy Taylor appears ineligible to run for Durham County sheriff’s race, but as of Thursday evening he had not officially quit the race.
“Right now I’m running it past several legal minds,” he said. “That’s what I’m waiting on.”
On Tuesday, Taylor (right) said he would withdraw after learning that state law (G.S. 162-2) requires sheriff candidates to have lived in the county where they are running for at least 12 months before the election.
Taylor remains in the race, though, while attorneys assess whether the state’s voter-eligibility law (G.S. 163-57) -- which says one does not lose resident status by moving out of a county temporarily with the intention of returning -- affords him a loophole.
Taylor said he returned to Durham last December after living for a few months in Wake County, and the residency rule was not explained to him when he filed to run for sheriff Feb. 8.
"He and I remember that event differently," said Durham County Elections Director Mike Ashe. "I remember clearly asking him the question."
The deadline for withdrawing is 5 p.m. Monday, according to Ashe. If Taylor withdraws, the county Republican executive committee may appoint another candidate in his place.
Taylor, who owns a private security company, is running against four-term Democratic incumbent Worth Hill in the Nov. 2 general election. His withdrawal would leave Hill unopposed.
A sheriff's deputy discovered the gap in Taylor's residence in reviewing Taylor's application to renew his concealed-handgun permit, and Taylor said he asked Ashe about residency requirements after hearing rumors last weekend that he might be ineligible.
Ashe said he received an anonymous telephone call asking about residency requirements for sheriff last week, but only learned of Taylor's problem when they talked on Tuesday.
Whatever Taylor's and the party's decisions are, Taylor's name will still appear on the ballots this fall. Ashe said the county doesn't intend to have them reprinted.
If the Republicans appoint a different candidate, any votes for Taylor will count for that candidate; if Taylor does not withdraw and remains ineligible, votes for him will not be counted, according to Ashe.