Superior Court Judge Carl Fox recused himself Tuesday from hearing a lawsuit against the Chatham County Board of Elections because he is running for re-election, said Gretchen Lothrop, a plaintiff in the case.
The hearing was postponed but could be heard next week in Orange County, according to the Clerk of Court's office.
Lothrop and fellow plaintiff Gael McKeon are asking the court to declare the election board's meetings Jan. 17, March 7 and March 14 in violation of the open meetings law because the board did not publicize them ahead of time, as required.
The plaintiffs also are asking the court to nullify actions taken in the "emergency meeting" Jan. 17. They argue there were no unexpected circumstances that required immediate action.
During that meeting, the board voted to buy a combination of touch-screen and paper ballot voting equipment for early voting and Election Day.