1. Full name, mailing address, home and business phone, fax number, and e-mail address of undersigned.
Justin LaNasa 116 N. Front St. Unit 1 Wilmington NC 28401
2. Are you the person who filed the original protest, a candidate or office holder adversely affected by the county decision or someone else whose interest has been adversely affected by the county decision?
Yes I am a candidate and a registered voter. I ran for county commissioner. However I come to you as a registered voter.
3. State the date, place, kind of election, and results of the election protested (if different from the information on the election and its results as set out in the attached original protest form).
May 4 2010, New Hanover County, Tax referendum, Tax referendum received 13,332 to approve 12,342 against.
4. State the name, mailing address, home phone, and business phone of all candidates involved in the protested election.
Justin LaNasa 116 N Front St. Unit 1 Wilmington NC 28401
5. State the date of the county board hearing May 21 2010
6. State the legal and factual basis for your appeal.
After reviewing the vote statistics in its entirety of the May 4, 2010 Primary, I could not fathom how out of 26,095 votes cast, over three thousand votes where cast solely for the sales tax referendum. I protested these results and conducted an investigation on the matter. In the course of my investigation, I discovered that County Commissioner Jason Thompson, Commissioner Jonathan Barfield, and some key staff (i.e. county manager, assistant county manager, department heads) were e-mailing, distributing pamphlets, televising, and advocating promotions of the .25 cent sales tax increase, using county funds resources and employees. By directly naming County run facilities, such as the Libraries, Parks (Hugh MacRae,Veterans, Ogden etc.), Cape Fear Museum, and Airlie Gardens, it caused panic among County employees which influenced the overwhelming vote on the sales tax referendum; on account of fear of losing jobs or being subject to further furlough. This may explain how there were over 3,000 votes solely for the tax referendum. I feel that Commissioner Thompson and Commissioner Barfield are the two most influential Strong Arms in these scare tactics, misconduct, and intimidation that follow this case. Under the grounds of GS 163-271 Intimidation of voters by officers and GS 163-274.a6 do to county board misinterpretation of misconduct and Intimidation. I request the North Carolina State Board of Elections to investigate these finding. Under GS 163-278 Duty of investigating.
7. Is there any material submitted with this appeal that was not presented to and considered by the county board? Is so, please identify and state why it was not presented to the county board. Why do you think the State Board of Elections should consider it? Yes they stopped me half way through my case and explained that the misconduct I was showing was criminal or should be in superior court. Because the material was relevant to the case.
8. Normally the State Board will make its decision in an appeal based upon the record from the county board. If you desire the record in this matter to be supplemented, additional evidence to be considered, or a completely new hearing, please state such desire and why it should be allowed in this appeal. See G.S. 163-182.11 (b). I feel the County Board misinterpreted misconduct, Voter Intimidation pertaining to an election. Defined by Chapter 163 of the North Carolina General Statues. I request additional evidence. I request a new hearing of board members not working for this County or in anyway affiliated with the accused. I request the State do a full investigation of this case.
9. What relief do you seek? Why?
Void any and all Election Results having to do with sales tax referendum, Take proper legal action upon anyone found committing Fraud, Misconduct or Intimidation of voters
10. Have you read and reviewed G.S. 163-182.11 through G.S. 163-182.14 and the current North Carolina State Board of Elections regulations on appeals of election protests? Yes
11. Besides a copy of the original protest and the county board decisions, this appeal includes 2 CD’s an 29 pages of additional answers 2 CD’s and 29 pages of exhibits and documents not included in his original protest and decision. Signature of Person Appealing Date Appeal Signed
Date appeal received by State Board of Elections
(To be entered by the State Board of Elections staff)
Send your appeal to, or it you have questions contact: North Carolina State Board of Elections, P.O. Box 27255, Raleigh, NC 27611-7255, (919) 733-7173
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