Two unsuccessful former candidates have joined the incumbent's anointed in the running to be Durham County's next sheriff.

Tony Butler (right) and Roy Taylor (below left) have submitted written statements of intent to the Durham County Board of Commissioners, along with Chief Deputy Mike Andrews. Retiring Sheriff Worth Hill named Andrews as his successor of choice when he announced his resignation last week.

Butler, a minister who is a former deputy sheriff and state patrol officer, has run against Hill four times, most recently in 2010.

Taylor, who owns a private security firm, ran in 2010.

Andrews (right) joined the sheriff's office in 1979 and was appointed major in charge of day-to-day operations in 1999. Hill appointed him chief deputy in 2008.

Like Hill, all three candidates are registered Democrats, though Taylor ran as a Republican last year.

State law empowers county commissioners to appoint a successor to serve out the term of a sheriff who leaves office. Hill's term runs until December 2014.

Anyone interested in the job has until 8:30 a.m. Monday to submit a written statement of interest to Michelle Parker-Evans, clerk to the Durham County Board of Commissioners.

Candidates are also expected to speak during the commissioners' Monday morning work session.

Hill announced last week that he is retiring after 17 years as sheriff at the end of this year, citing concern for his wife's health.

Electing a sheriff for Durham County could end up in the county commissioners' hands.

Former sheriff Roland Leary has challenged Republican Roy Taylor's candidacy, claiming Taylor has not lived in Durham County long enough to qualify for election.

Taylor is running against incumbent Democrat Worth Hill in the Nov. 2 election, but the Board of Elections' hearing on the challenge won't be held until Nov. 11. That leaves open several scenarios, according to Elections Director Mike Ashe:

• If Hill wins the election, the hearing is cancelled and it's a moot point;
• If Taylor wins the election, the hearing is held and, if the elections board decides he is properly qualified, Taylor would be certified and become sheriff;
• If Taylor wins but the elections board decides he is not qualified, the office of sheriff becomes vacant and it would be up to the county commissioners to appoint or elect a sheriff. Their first scheduled meeting after the hearing date is Nov. 22.

Ironically, the last time Durham County commissioners had to pick a sheriff was when Leary retired mid-term in 1992 after 10 years in office. They chose Al Hight, a former Durham policeman and county commissioner, who served until Hill was elected in 1994.

Leary, a Democrat, has contributed $500 to Hill's re-election campaign, according to reports filed with the Board of Elections.

Leary and Taylor will be subpoenaed for the hearing, Ashe said; the board of elections meets several times before the election, and may subpoena other people and/or documents.

Taylor moved to Durham in 2000, but for several months in 2009 he resided in Wake County. State law requires a candidate for sheriff to have lived in the county where he or she is running for at least 12 months before the election.

That is the basis of Leary's challenge. Taylor, though, maintains that he is eligible because the state constitution requires only a 30-day residence for voting and provides that any qualified voter may run for office.

Last week, Taylor withdrew from the race due to the 12-month residency law, but changed his mind after consulting with attorneys. After deciding to remain in the race, he said he expected a legal challenge but was confident his eligibility would be affirmed.

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.