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FIRST ON 3: LaNasa's tax referendum challenge denied

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NEW HANOVER COUNTY, NC (WWAY) -- Former New Hanover County Commission candidate Justin LaNasa's challenge to the county's sales tax referendum is over. LaNasa filed the challenge after voters approved the tax hike during the May 4 primary, but when he received less than a month's notice on a hearing in Raleigh, he requested a continuance, because his lawyer could not make it to Raleigh today.

The state Board of Elections denied the continuance request and upheld the county Board of Election's decision that the vote was valid.

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You should've coupled your case with a DWI!!!

If you had coupled your challenge with a DWI, you could've easily had continuances granted for the next 5 years!!!

Justin, I believe you're trying to do the right thing and I'm with you. There is simply too many good ol' boys with their hands filling each others pockets at the taxpayers expense. They will attempt to squash you like a beetle and laugh at the "crunch". They believe they are untouchable and they forget about the power of the people.

We all know they hoodwinked the crap out of us with the attraction closure threats. We will show our power at the polls during the next election. We just bumped Caster to the curb. Many more will follow him, believe me!!!

You Decide!!!!!!!!!

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

I decided you need

I decided you needto go back to law and art school...

the claim Lanasa made is baseless, frovilious, pointless and wasted taxpayer money as well as Board of Election time...

§ 163‑271. Intimidation of voters by officers made misdemeanor.

It shall be unlawful for any person holding any office, position, or employment in the State government, or under and with any department, institution, bureau, board, commission, or other State agency, or under and with any county, city, town, district, or other political subdivision, directly or indirectly, to discharge, threaten to discharge, or cause to be discharged, or otherwise intimidate or oppress any other person in such employment on account of any vote such voter or any member of his family may cast, or consider or intend to cast, or not to cast, or which he may have failed to cast, or to seek or undertake to control any vote which any subordinate of such person may cast, or consider or intend to cast, or not to cast, by threat, intimidation, or declaration that the position, salary, or any part of the salary of such subordinate depends in any manner whatsoever, directly or indirectly, upon the way in which subordinate or any member of his family casts, or considers or intends to cast, or not to cast his vote, at any primary or election. A violation of this section is a Class 2 misdemeanor.

Sales Tax Ref.

That is just like our state to dismiss a case after giving someone a 5 day notice of a hearing, AFTER RECEIVING A LETTER FROM NEW HANOVER COUNTY ATTORNEYS OFFICE ASKING State Board of Elections TO SPEED UP THEIR HEARING SO THEY CAN BALANCE THE BUDGET an get their tax on!!!!!!!!!!!! I am Disgusted with all offices of government!!!! we should all be ashamed of how "We The People" allowed such corruption an scandals to continue!

THROW THE CORRUPT OUT!!!!

Lanasa, all Taxpayers, Victimized by Government

County asks for rushed Hearing so a concerned citizen doesn't have time to retain counsel, and formulate their case.

State Board of cronies complies with County request despite the unreasonable nature of that request...which suggests the County fears what would happen if the merits are heard.

Its not conspiracy theory to suggest this was decided in advance and the Board could've looked at a smoking gun, a bullet fired from said gun, into a dead body, and they would have denied that anyone was killed (dead body, bullet lodged in skull, maybe a heart attack but no murder took place).

This nonsense happens all the time in our state and local government. The ends justifies the means and its profitable for the powers that be...who will not budge.

We need to back Lanasta as citizens and demand he be given adequate time to present his case and have the merits heard, that shouldn't be too much to ask (Even if the Board cronies are stacked against him, its still important that he have a fair opportunity to go before them with his case...and he does have one that warrants a fair hearing).

We can't let this pass like they hope and must keep it front and center...don't let them sweep justin's effort under the rug!!!

Law

He had counsel and if you file a lawsuit you should be prepared,that said they could have continued it.

Justin, Thank you for

Justin,

Thank you for getting your word out on this. This sales tax increase vote was a scam of the lowest order.

Government has gotten way too big for the good of "We the People" and this is a most unfortunate turn of events. As our economy falters, more and more piggies show up at the trough.

I take some comfort in seeing the defeat of Bill Caster and celebrate that one less sleazeball's hand is in my pocket.

One of my biggest voting regrets is having voted for Mr. Barfield. I took his "independent and objective" bait hook, line and sinker. I thought I voted for a good man for commissioner but got a bully instead. I have some hope that Mr. Barfield will redeem his integrity when there are some new faces on the county commission come November.

Wilmington's next race for mayor isn't too far down the road. Maybe we'll be hearing from you again.

This blog sponsored by WWAY is really effective... let's hope for a large expression of public outrage at this sales tax debacle.

typical old boys network

And if you dont think its not alive and well look at 93.7 the big talker apparently the boys from Right on Campus must have pissed a few folks off since they lost their gig not long after Curtis Wright did.. Sadly it seems the entrenched "Republican" machine is just as corrupt as the Dems when somebody dares expose their dirty laundry. Whyelse would you all but kill local talk radio in this town by putting on more syndicated crap at night because its easier to let the public be pissed at Obama and Congress and to keep the focus off the corrupt local political backroom dealings in this town. Remember one thing people "ALL POLITICS IS LOCAL!!"