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Disenfranchising District 2 voters?

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Would the will of the voters in District 2 be disenfranchised/suppressed if the runoff took place or if was canceled?

As noted in today's article, state NAACP President William Barber said canceling the runoff now would deprive voters of their say. Even though Cathy Truitt doesn't want a runoff, Barber said holding the election on Nov. 3 would give voters the right to say they don't want John Tedesco to represent them.

"We're calling on the county Board of Elections and the state Board of Elections to rule in favor of not disenfranchising voters," Barber said.

Barber also acknowledged that a campaign against Tedesco could push the seat in the hands of the current school board to fill. That's not something he'd mind considering how  he's warning that diversity is at risk.

But Tedesco said the voters spoke on Oct. 6, giving most of the votes to him and Truitt. (Turnout was 9.3 percent on Oct. 6.)

"Why are these people trying to suppress the will of those voters now?" Tedesco said. "This is between Cathy and I, and Cathy doesn't want a runoff. The voters spoke overwhelmingly for me."

Tedesco said he was also disappointed that the NAACP had not been in touch with him before calling on the runoff to be held.

"Heaven forbid they actually sat down and talked to me about what I am trying to do to help these kids," Tedesco said.

Today's special meeting at noon of the Wake County Board of Elections has now gotten a lot more heated. It's open to the public but it's probably going to be cramped.

The meeting is supposed to take place in Wake Board of Elections Director Cherie Poucher's office at 337 S. Salisbury Street in Raleigh. Poucher said the board members will participate through a teleconference call.

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church/politics

Interesting letter Angela. The one problem I see in it is the fact that she mentions the Church with politics. I am not a native southerner, so I really don't understand the relationship between the two. I was raised with the separation of Church and State. I get really annoyed when I go past a church and it has a billboard with some saying or slogan about the "left" or the "right". It's obviously politically biased. I think if the church wants to preach politics then they should start paying taxes.

So....

So, there's a difference between endorsing candidates and endorsing viewpoints.  So, it's fine for a church to say "Abortion is Evil," but not to say "So-and-so supports abortion, so you should vote against him."  The key is whether the charity is "participating in, or intervening in, any political campaign on behalf of(or in opposition to) any candidate for elective public office."

The IRS has a brief overview here: http://www.irs.gov/charities/charitable/article/0,,id=163395,00.html

 The last I checked, the NAACP is a 501(c)(3).  It stretches the mind to think that what they are doing is ok.

if you've been on the blogs then you'd know

 don't get ME started on that subject, I am a huge proponent of separation of Church and State....but also have come to realize that here in the South (not a native either) there are some pretty blurred lines....

I think it's horrible that certain "Friends of Diversity" and current BoE members were "preaching" on Sundays about this before the elections....but again that is pretty "common" here....

What does the law say?

If the law says that a candidate needs more than 50% to win, then there needs to be a special election.

If it allows for a candidate to withdraw then no, there doesn't need to be a special election.

Confused

So, the law says that the person who gets the most votes in the general election is the winner, unless nobody got a clear majority, in which case the 2nd-place person can ask for a run-off.  If there's no request, then the results from the first election stand.

Now, if somebody withdraws from the general election before the ballots have been printed, then it's as if they didn't run.  If somebody withdraws after the ballots have been printed, AND they win, then the seat is vacant and, in the case of the school board, is filled by the board.

There are two problems here.  First, it's not clear what happens if somebody withdraws from a *run-off* election after the ballots have been printed.  Do you follow the rules for the general election or not?  Secondly, Truitt is trying not just to withdraw, but to revoke her earlier request for a run-off election at all.  And, the law is completely silent on whether she can do this or not.

Don't be confused -- the NAACP press release quites from a section of the election code dealing with *primaries* which have their own set of rules, and don't apply here.  (Ironically, since the NAACP is demanding strict adherence to the law, Tedesco would have won outright under the Primary rules they quote.  To me, that makes them hypocrites.)

I agree

the law says that the person who gets the most votes in the general
election is the winner, unless nobody got a clear majority, in which
case the 2nd-place person can ask for a run-off.  If there's no
request, then the results from the first election stand.

The yes.  It is silly to have a run off.

Yeah, but...

I agree that it's silly, but the problem is that Truitt made that request.  Or did she?

More precisely, we know that she did actually make a request, but did her rescinding that request have any effect?   One view is that the recission made it like she never made the request in the first place.  Another view is that she can't rescind at all.  And, a third view is that recission has exactly the same effect as withdrawing.

Luckily, the State Board of Elections has the power to decide grey areas like this.  And, in general, unless they clearly got it wrong, no judge is likely to overturn their decision.

 

Interestingly Misinformed

Apparently Mr. Barber & Co. have jumped to conclusions before trying to understand what's really happened. Are they so bloodthirsty for racial tensions?

The fact is, Mrs. Truitt has simply requested that the Board of Elections ignore her prior request for a runoff. The matter to be decided now is whether or not to grant her most recent request.

There are only two possible outcomes. Either the state board will grant the request and Tedesco will be certified the winner, or the state board will deny the request and the runoff continues. There is no possibility of the outcome that would have happened if Mrs. Truitt "conceded" the race. She didn't "concede" - at least not officially, as submitted to the Wake Board of Elections.

If the board denies the request, then Mr. Barber still will not get what he wants. In a runoff, only Mr. Tedesco, Mrs. Truitt, or (by some miracle) a write-in candidate can win. Even Mrs. Truitt has declared the end of busing for diversity.

What is Mr. Barber hoping to gain except socio-economic tension?

You asked the question.

"What is Mr. Barber hoping to gain except socio-economic tension?"

Allow me to proffer an answer:  RACIAL tension.

If Truitt wins, then the

If Truitt wins, then the Board of Education gets to pick the new member.  Since Truitt withdrew, the seat would be declared 'vacated' and the process would be the same as it was for finding replacements for Gill and Clark.

 

Hmm..

I think concerned2 is saying that Truitt did not actually withdraw. 

I haven't seen her letter, but it's possible that she said something along the lines of:

"I rescind my previous request for a run-off and request that the run-off election be cancelled.  If recission is legally unavailable to me, then I do not withdraw."

It's also possible that she omitted the second sentence.  In that case, the Board of Elections would say "Sorry, you can't rescind.  Either withdraw or stay on."  Or, they could say "You can't rescind, so we'll take your request for a recission as a withdrawal."

An election should not turn on these legal technicalities.

...

Here's her letter:

http://dig.abclocal.go.com/wtvd/truitt_ballot.pdf

 

As you can see,

she is asking to withdraw her "request".  She is not asking to withdraw her "candidacy".

It's legal-eze, but the effect is clear.  If her petition to withdraw her request for a runoff is denied, then the runoff continues, she is still a candidate, and if she collects the most votes will be seated on the School Board.

If I am not mistaken, this is the view of the Wake County Board of Elections.

With that in mind, if the State Board decides that Truitt can, in fact, withdraw her request for a runoff, then Tedesco wins outright.  If they deny her request, then Tedesco supporters will have to rally the voters to make sure he gets the most votes.

After Wednesday's press conference, it seems that Mrs. Truitt is now a Tedesco supporter and would be called upon to help rally the voters for Tedesco...  Let's hope the State Board gets it right!

We're rallying the voters regardless!

There's no reason why the bulk of previous voters won't finish what they started AND with this latest "stunt" I am hearing many who supported her either will vote for John or won't vote at all.

Oh yes, we are rallying. 

Oh yes, we are rallying.  Sleazy politicial moves won't win this one.

June 8, 2008, 7:50

June 8, 2008, 7:50 am
http://venitapeyton.com/2009/10/letter-to-naacps-barber.html
Good morning Pastor Barber:

I was 10 ft away from you last summer when you spoke to the Old North State Medical Society in Charlotte during their annual conference. Of course Thea had me working. I believe your daughter accompanied you.

I was in Wilson several months back when you and one lone assistant came to a rally for James Johnson. Because my Pastor, Lorenzo Peterson was on the program and because I then headed security at Freedom and Deliverance COGIC in Louisburg, you also had the protection of 15-20 black men in suits navigating the hallways, the exterior and grounds.

I too protested in the News and Observer the NC Republican Party Chair's plan to use Senator Obama's ad in their supposed 'effort' to chastise Beverly Perdue and Richard Moore. In fact, I told her she should resign.

And I recently got a note back from John Drescher (N&O) for the WRAL Headline Saturday program with you and other Duke colleagues, though I think it was 'way too short.

Now comes Venita Peyton with a simple question:

What will it take to erase the fear that people of color in Raleigh/Wake have in discussing politics?

Most of our pastors are scared to death or just not in tune. In large numbers they have closed church doors during the week while our children are mentally and physically dropping out.

I tried the Democratic Party for two years. I can't begin to tell you the cost. If you rewind the Hillary and Bill show during the past few months, you'll see what many of us have experienced all along from people who are disinterested in sharing power.

What will it take to get people elected who truly care about our well being?

The State of NC could close down Wake County or the whole state if they suspect a Pandemic flu epidemic, yet our people in large number don't have a clue. I sorta upset Wake Co. Emergency Mgmt staff because their disaster plan does not include an alert for the elderly, people with disabilities or neighborhoods who do and don't speak English or watch TV.

I am not running for Wake County Commissioner for the second time because my ego needs massaging. I'm running because my opponent, Harold Webb, is around 84 yrs old and does not utilize the vast community resources to help meet our needs. Neither has his sidekick, Rosa Gill, who now sits as Chair of the Wake Co. School Board. Most of us suspect that Harold wants to win just to step aside and allow the Democratic Party to put her in.

White, Asian and Indian children can drive BMWs, etc. to attend our magnet schools, graduate with 5.0 (yes 5.0) averages and go to the best colleges. One local black minister's son in North Raleigh was not admitted, and he just graduated from a Catholic School. Others of our youth, barely a mile away, are bused at least 25 miles each way and eventually drop out. Many can't participate in after school activities, which I believe is a large part of the college success application portfolio.

Are you willing to host or co-host a dialogue for local candidates only? Our Raleigh-Wake group can't efficiently handle this request because the local towns will likely not attend. I have only asked one local mayor and he enthusiastically says YES! He'll co-host if necessary.

Please advise.

Dr. Barber's response (as of October 23, 2009): None.

Ridiculous

It's all so ridiculous with these last-minute scare tactics. Plus The Coalition of Concerned Citizens for African American Children are a 501 c (3) and are banned from electioneering. Is their press release and their activity considered electioneering? See their designation in the Sec. of State’s office link below:

http://www.secretary.state.nc.us/csl/ProfCSL.aspx?PitemId=9103367

Where's Perry Woods?

I'm sure Perry Woods has filed a complaint...

He and his candidates got

He and his candidates got their a$$es handed to them by a bunch of Moms and Dads; he is probably looking for a new line of work. Who would ever hire him again as a political consultant?

"Is their press release and

"Is their press release and their activity considered electioneering?"

 Of course it is. The CCCAAC is in direct violation and that needs to be addressed immediately.

Laughing Stock

It is no small wonder that we have become the laughing stock of the nation, especially when it comes to public education. You can't make this stuff up! Rev. Barber needs to take a walk through our neighborhoods and speak with parents affected by a decade or more of social experimentation by WCPSS. He also needs to read the definition of "segregation" and stop crying wolf! Our neighborhoods look like the United Nations. It's 2009, not 1959, Rev. Barber. Perhaps he is afraid that our new BOE will finally help lift the poor out of their misery and make his organization irrelevant?

Laughing stock?

Are there URLs you can pass along, not from here, that will back this up? It could be true, but my guess is that most of U.S.A. is apathetic, except for the few social theorists and their VW's full of sycophant who tossed their awards over the fence and into our yard whenever they could.

It would be amazing if we could continue to decrease apathy and gain civil involvement like we've done in Wake Co. 

Disenfranchisement of all D2 voters

So let me get this straight...

Rev. Barber's preferred outcome is that John Tedesco not be selected in a runoff, leaving the seat vacant.  The seat would then be filled by the current school board, disenfranchising all D2 voters!

If he is really concerned about disenfranchising voters, he would support John Tedesco who received far more votes than his competition.

As a D2 voter

and one who helped mobilize hundreds of votes from our area let me tell big daddy, WE HAVE ALREADY SPOKEN!

Barber shouldn't be given the time of day at today's meeting, or anywhere else, and especially should not have any say in this, this has NOTHING to do with him or his agenda!  What does HE mean when HE uses the word diversity?  As I understand it, his meaning and the wcpss's meaning of that word are 2 different things!

We have been disenfranchised since October 7th when the decision was made to call for a runoff, then hateful words started flying at us, then it was all scrapped, supposedly, and here we are now.  I'm not sure I've ever heard Mrs. Truitt say she was "conceding", don't vote for her or anything other than, "I'm at your back"!  Well what does all that say?  I think it says there's still something very fishy being perpetrated on district 2 voters!  Want to call it disenfranchisement, fine.

Someone needs to let Mr. Barber, Calla Wright and anyone else know this, if they come in and throw their race cards at us and take away what the voters of D2 have CLEARLY stated they want, we WILL come together, unite and follow the lead of WakeCares by having ourselves a legal gathering!  PERIOD!

What about the disenfranchisement of voters in Kinston, NC?

Has Reverend Barber spoken up about the disenfranchisement of voters in Kinston? US Atty General Eric Holder's Justice department nullified a vote that Kinston wanted non partisan races. Black US Atty General clearly doesn't trust black voters to know who to vote for if the party affiliation isn't mentioned. The VOTERS voted on this, and the Atty General disenfranchised the majority who voted for this.

Reverend Barber?
(crickets chirping)

good schools and real estate value

The old school board and the diversity plan. All a big show to make it look like we have one of the best school districts in the country. I don't think David Copperfield could do a better job. Dr. Barber is not seeing the wolf in sheeps clothing.

It's all about real estate value and money. Without making myself a target here, I think all the people of the county should look at the elected officials of the county and town governments. It is no surprise that many of them are into real estate or land developement.
He does not understand that sprinkling the "free and reduced lunch" children throughout the county does not better their education. It just hides the problems of underperforming students. Thats really what it's all about. Making the schools look good so that real estate values don't decline. There is a direct link to good schools and real estate value. The family farm is almost unheard of today. This generation of North Carolinians are cashing in on splitting up the farm into lots and building houses. It's all about the money. They really don't care about our children.

It's like some kind of wormhole from irrational-world

"Disenfranchise?" Please. March of the platitudes is back with new added heat-inducing venom. Take your Don Quixote jousting pole (a.k.a, "Godwin's Law") and charge at some other history book.

There was a debate in the Jewish community in the 90's over the glib use of "Nazi" as typified in the Seinfield episode that featured "the soup Nazi." While the debate itself might speak to lots of free time, a valid point was raised: when we trivialize or glibly use words fraught with historical significance, such as "segregation" "disenfranchise" we do a great disservice to what these words really mean and what they meant to those who were oppressed by, and fought against.

Argh..

So, voters already had the right to say that they didn't want John Tedesco -- there was an election in October where they could exercise that right.

Voters do not have the right to have an up-down vote on any candidate. They have to choose between the candidates on the ballot. If anybody would be disenfranchised by the run-off election, it would be all the people who voted in the general election.

Bob -

AMEN!

EXACTLY.

This is spot on, Bob (and SDR).

Has Barber been on an hour long bus ride?

Has Barber been on an hour long bus ride with the kids he cares so much about?

 

 

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About the blogger

T. Keung Hui covers Wake schools.

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