Mayor Deatherage challenges opponent Mike Horne's candidate eligibility
On August 17th, current Pink Hill Mayor Yvonne Deatherage, who was appointed by the town commissioners to replace Mike Hill, filed a formal complaint with the Lenoir County Board of Elections challenging the mayoral candidacy of Michael Horne. The Board of Elections is scheduled to meet on Thursday, September 7 at 5:00 pm at the Elections Office.
“I am filing a formal complaint issuing a candidate challenge against Michael Horne, who has filed with the Lenoir County Board of Elections to be a candidate for Mayor in the Town of Pink Hill,” said Deatherage.
Deatherage submitted the complaint, raising concerns about Mr. Horne's residency status. Deatherage alleges that Horne's primary residence is located in Cape Carteret, NC, and not within the boundaries of Pink Hill, where he is seeking election. If verified, this could potentially disqualify him from the mayoral race.
Horne retorted, ”I have never left my town. I was born and raised here and my businesses have been going for 35 years now here in town.”
Deatherage’s challenge centers around North Carolina state law, which mandates that candidates must prove by a preponderance of evidence their eligibility to run for office. This includes demonstrating that they have abandoned their original domicile, have taken up residence at a new domicile, and intend to make that domicile their permanent home.
“My family and I have a beach home, as a lot of hard-working people do,” said Horne. “We have been blessed. Our life and our grandchildren are here and my businesses are here. We enjoy our beautiful second home every weekend and holidays.”
The complaint contains several key points:
Michael Horne’s Cape Carteret home at 253 STAR HILL DR has allegedly been his primary residence since 2017, with continuous property improvements documented both in property records and on social media.
Horne has purportedly claimed a domicile in Pink Hill, at 201 E LYNWOOD AVE. This address, according to Deatherage, is a small apartment located above a house. The complaint further highlights that the property has been in Horne's family for many years and is presently occupied by his son and family.
Emphasizing the credibility of her claims, Deatherage has supplied the Board of Elections with an array of social media posts from Mr. Horne. These posts, she argues, clearly depict his consistent association with and presence in Cape Carteret, from celebrating significant life events there to posting about routine daily activities.
Pointing to one particular post, Deatherage notes that in February 2021, Horne captioned a photo of his Cape Carteret home, stating, "My Hobby is my Family and My Yard and Home," suggesting that his true domicile has remained unchanged.
Deatherage has urged the Elections Board to consider her provided evidence and take the necessary steps to invalidate Horne's residency claims, potentially through the subpoena of additional documentation. She maintains that the intent behind North Carolina's election laws is to prevent the misuse of the electoral process and to ensure candidates genuinely represent the communities they wish to serve.
North Carolina General Statute § 163-127.5 specifically addresses challenges to candidates. Here's a brief summary of its relevant provisions:
A challenge to a candidate's qualification must be filed no later than 10 business days after the close of candidate filing or the day the candidate files, whichever is later.
If the candidate files less than 10 days before the close of candidate filing, a challenge may be filed up to 5 p.m. on the tenth day after the candidate filed.
Candidate filing ended on July 21, 2023, at noon. Deatherage’s formal complaint was notarized on August 16th and received on August 17th. The email regarding the challenge was sent to Mike Horne on August 29th.
The challenge packet below will be given to the Lenoir County Board of Elections to look over and discuss during the upcoming meeting.
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