Wake District judge winner hit with election complaint that could disqualify him
Wake County attorney Tim Gunther faces a complaint that he does not live in the Fuquay-Varina district where he was elected District Court judge last week. If successful, it could disqualify him for office.
The complaint, filed with the Wake County Board of Elections, accuses of him of switching his address to the house where his ex-wife and daughter live to avoid a primary election contest.
Gunther’s opponent Beth Tanner, also an attorney, asks that Gunther not serve in the seat he won Nov. 3 with 56% of the vote.
“We are required to be honest,” said Tanner, 37, a Republican. “We took an oath to that effect.”
Gunther, a 61-year-old Democrat, had no comment. The board will hold a hearing Wednesday.
The complaint was filed by Joan Erwin, a voter from New Hill in the 10F district where Gunther won.
In the complaint, she alleges Gunther originally filed as a candidate in Cary and then switched to the Fuquay-Varina address.
She included a listing from the Wake County Register of Deeds showing Gunther lives on Solway Court in Cary, and she also provided tax and real estate documents showing the Fuquay-Varina house belongs to Natalie and Alyssa Gunther.
Neighbors and a private investigator are listed as witnesses.
“I go to work every day to make sure we don’t get it wrong,” said Tanner, who is associate director of the N.C. Innocence Inquiry Commission. “Mr. Gunther does not reside, and has not ever resided, in District F.”
Also included are a social media post from Gunther’s daughter saying, “Ya girl bought a house today,” and numerous dispatches from Pat Sauls Investigative Services.
After arriving at the Cary address at 6:40 a.m., the investigator wrote, “It is still dark outside. Observed Mr. Gunther wearing a hat and overcoat and walked down the driveway with his dog on a leash.”
This story was originally published November 13, 2020 at 8:20 AM.