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Published Wed, Oct 28, 2009 09:30 AM
Modified Wed, Oct 28, 2009 11:35 AM

School board runoff must proceed, state board rules

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- Staff writer

State board of election members today decided that a closely watched runoff in a Wake County school board race should proceed.

On a 4-1 vote, board members ruled that candidate Cathy Truitt's name should remain on the ballot even though she sought to withdraw her request for a runoff. If her name gains the most votes, the school board would fill her seat.

John Tedesco, a critic of current school board policies, including forced busing for diversity and mandatory year-round schools, placed first in the Oct. 6 primary. Because he failed to gain a majority of votes, second-place finisher Truitt asked for a runoff. Then she changed her mind.

"We expected such from the board," Tedesco said. "We just hope there is time to educate nearly 7,000 voters who may have been confused by all the on/off mixed messages. We are mobilizing door knocks, mailings, phone calls, events and press conferences."

Board member Anita Earls said there should be a high bar against discounting votes that have already been cast, as they have been in early voting in the race.

"Proceeding with the runoff elections is required by state law," said Earls, a Democrat.

Truitt was not legally able to make a request to withdraw, Earls said.

If Truitt were to get the most votes in the Nov. 3 runoff, her position would be declared vacant under the law, Earls said.

Board member Bill Peaslee contested Earls' motion to have the election continue.

"If she wants to rescind it, I think it's her call," said Peaslee, a former state Republican Party chief who was the only dissenting vote. Asked to settle the question, the county elections board had passed the decision on to the state board.

"On Oct. 21, she came into our office and stated that she would like to withdraw her request if possible," said Cherie Poucher, director of the Wake County board of elections.

Poucher said that Truitt could still become a board member if she receives the most votes, because she has not officially withdrawn as a candidate.

"Or she can withdraw as a candidate -- then if she receives the most votes, the seat would be vacant when the new board is sworn in," Poucher said in an e-mail.

"(Incumbent) Horace Tart remains on the board until his successor is 'qualified.' But at this time that is a moot point since she has not withdrawn her candidacy."

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