Confusion still surrounds last Friday’s discovery that a district judge candidate running in the Democratic primary election is not registered to the Democratic Party. But it’s unlikely her name will be dropped from the ballot and she says she has no plans to drop out.
Erika Bales said she had a pleasant day on the campaign trail before she got the call from the Orange County Board of Elections that there was a problem with her candidacy. Bales’ registration as an unaffiliated voter had not been updated since 2010, meaning she filed to run in the Democratic primary election for the state’s District Court Seat 15B not being a Democrat.
Bales said she never realized she had not updated her registration. She said she is frustrated that the partisanship for judges, an issue she has campaigned against, is the reason behind these events.
“The fact that I’m having my integrity questioned because I’m trying to be a middle-ground human being when I’m running for a judgeship that’s supposed to be neutral is [challenging],” Bales said in a phone call. “The irony is hurting my brain.”
Candidates must be registered within the party 90 days before filing to run in a partisan primary. Typically, discrepancies like Bales’ are caught either by the candidate or the boards of election.
Orange County Board of Elections Director Rachel Raper said both she and those at the North Carolina State Board of Elections failed to check Bales’ registration.
“Regrettably,” said Raper, “the candidate’s filing incorrectly indicated that she was registered with the Democratic party and her unaffiliated status was overlooked throughout this process.”
Bales also said she is upset over how both the county and state boards did not become aware of the issue until after early voting had started. She said she’s concerned over what this will mean for voters who cast their ballots on the first day of early voting before the discovery was made.
“I’m trying to get across to people that this is a harm to me personally,” said Bales. “But what is most offensive to me is through a series of bureaucratic errors, there’s a real possibility voters could be disenfranchised.”
According to Raper, any votes cast for Bales would still count. She said there is no indication Bales has been fully disqualified from the race and the candidate’s name will remain on the ballot. But she also said that does not change the fact that Bales cannot technically be awarded victory in a Democratic primary as an unaffiliated candidate.
“As it stands now,” said Raper, “if she were to receive the party nomination, she would be ineligible to receive that nomination because she is not of the party.”
Raper said the situation is complicated by early voting having begun, which is another reason the Board of Elections will not make any widespread statement about Bales’ candidacy.
“Voting is underway, she’s on the ballot,” she said. “When we think of the presidential candidates, some are still on the ballot [despite] dropping out. We don’t inform voters [when] someone has dropped out or they’re no longer actively campaigning when they vote.”
Bales herself is trying to let voters know she is still on the ballot and says she is still encouraging community members to vote in her favor. She said she believes her candidacy has been hamstrung by the discovery being released when it was, leaving some voters in limbo and others confused. Bales said she plans to continue campaigning, as well as contesting the Boards of Elections failure to address the discrepancy when she filed for the election.
“The thing I’m really trying to get across to people,” said Bales, “is there are serious due process issues in play here. I was not afforded any due process, which is why I’m contesting the narrative that I am disqualified.”
According to Raper, Bales could have her case reviewed by filing an election protest. Candidates and voters alike can file these when they believe there’s been a substantial irregularity in voting. Raper said Bales could file a protest with the County Board of Elections, who would review it after the election to see if there’s a case to be made, before passing it to the State Board of Elections.
“The board will then hold an evidentiary hearing to determine whether there is substantial evidence that voting irregularities occurred and [whether] irregularities were an outcome determinate of the outcome,” said Raper. “An election protest substantiated by evidence can correct results, cause a recount, or even a new election.”
As of Monday, Bales said she had not been directly contacted by anyone from the County or State Board of Elections regarding her candidacy since last Friday. When asked if she would be filing an election protest, Bales responded by saying she plans to take her complaints directly to the State Board of Elections.
