Cumberland County Board of Elections recesses protest hearing after new testimony, admits DS200 tape into evidence

The Cumberland County Board of Elections recessed a hearing on an election protest after hearing new witness testimony and accepting an on‑site voting machine tape into evidence.

Dennis C. Smith Sr., who filed the protest challenging the results of the Town of Godwin commissioners election, told the board the clerk sent political text messages from town hall on election day and asked the county board to consider ordering a new election if the board finds the clerk's actions violated state law. "Sending political instructions from town hall even 10 minutes can constitute a clear violation," Smith said in an opening statement citing North Carolina election statutes. He asked the board to consider whether newly discovered testimony impeaches prior testimony given by the town clerk at a December evidentiary hearing.

The hearing produced multiple witnesses who said they or others received texts encouraging voters to "stay the same as it was" and to vote for the incumbent board. Curtis Forte, sworn as a witness, answered "I did" when asked whether he received such a message and confirmed it arrived on election day but declined to say whether the text influenced his vote. Angela Smith Phillips testified she received a text the same day, allowed a screenshot of her phone to be reviewed by the protester, and said the clerk told her she had texted "multiple" people; Phillips also said the message did not change how she voted.

Mayor Willie Burnett provided the board with a results tape he said came from the DS200 election machine used at the town hall and explained the tape reflected only ballots cast on election day. Burnett read the machine counts for the on‑site machine — which showed Walt Cooper with 20 votes and Dennis Smith with 19 on election‑day ballots — and the board accepted the DS200 tape into evidence by unanimous vote. Board staff clarified that five absentee ballots were not included on the machine tape and that the official canvas which included absentee ballots changed the overall margin; when absentee ballots are counted the difference between Smith and the fourth‑place finisher was five total votes.

Board members and county counsel debated whether to proceed without the remaining subpoenaed witnesses. The county's elections director said the subpoenas were delivered to the sheriff's office but not served in time for the hearing; the board voted unanimously to reissue subpoenas and reconvene the hearing on Friday, Feb. 6 at 10:00 a.m. so the additional witnesses can be present. The board also recessed briefly during the session to permit staff to confirm service and room availability.

The protester urged that the texts, if shown to have been sent by a town official while on duty, could violate state statutes on improper use of official authority to influence elections and on voter intimidation. The board repeatedly noted its role is to gather and weigh new evidence on remand and that only the State Board of Elections has ultimate authority to order a new municipal election; the county board's findings will be forwarded to that state body.

The hearing will resume on Feb. 6 at 10:00 a.m., at which time the board expects additional witness testimony and will consider any further documentary evidence. No final determination on the protest or remedial relief was made at the Jan. 2 session.