The last opportunity to challenge the termination of New Hanover County Elections Director Marvin McFadyen passed Feb. 24, leaving his position officially open.
The New Hanover County Board of Elections submitted a petition for McFadyen’s removal to the N.C. State Board of Elections in January. State board deputy director Amy Strange fulfilled the county’s request on Feb. 4, leaving the state elections board 20 days to defer her decision, hear the matter and issue a decision.
In a Feb. 24 email, chairman of the N.C. State Board of Elections Josh Howard stated after reviewing the county’s request and Strange’s decision, the board would not defer the decision.
State law does not offer a formal course of appeal to the decision, but McFadyen responded with a letter to state board executive director Kim Strach, suggesting a state board member should have tendered the decision, not a staff member. McFadyen can also appeal the decision in a lawsuit.
During a Feb. 10 meeting, the county board voted 2-1, with board member Tannis Nelson dissenting, to nominate interim director Derek Bowens, previously elections supervisor, as McFadyen’s successor. Nelson argued Bowens, who has served in the county elections office for less than three years, is not experienced enough to fill the position.
Nelson sent a Feb. 11 letter explaining her opposition to Bowens’ nomination to the state board. As of the Feb. 24 deadline, the county’s official nomination had not yet arrived at the state board’s office. County election board chairman John Ferrante said the county board delayed sending the nomination to Raleigh until the window of opportunity had passed for the state board to defer Strange’s decision. Strach must approve or deny the request within 10 days of receipt.
In addition to appointing the next elections director, Howard also stated in his Feb. 24 email the state board “will and must address” four complaints against Ferrante, filed by three people, “in the coming days.”
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