8
First Column Mark your 1st choice in Column 1. Choose the candidate you most want to win as your 1st choice. Second Column Mark a different candi- date as your 2nd choice in Column 2. This is a back-up choice in case your 1st choice loses. Third Column You may mark a 3rd choice in Column 3. This choice should be different from your 1st and 2nd choices. Your 2nd and 3rd choices are back-up choices. They are only looked at if your 1st choice is eliminated. If no candidate gets a majority of 1st choices, then the two candidates with the most 1st choices go into an “instant runoff.” If your 1st choice is in the runoff, he or she gets your vote. But if your 1st choice is not in the runoff, your back-up choices are reviewed to see if you marked one of the candidates who is in the runoff. Your vote goes to the runoff candidate you ranked highest on your ballot. COURT OF APPEALS JUDGE Mark your 1st choice here 1st 2nd 3rd Fill in one oval per choice Your 2nd or 3rd choices will not count against your 1st choice They will only be considered in a runoff if your 1st choice is not in the runoff Mark your 2nd choice here Mark your 3rd choice here Benjamin Franklin Thomas Jefferson Betsy Ross George Washington For paper ballot: Fill in the oval for each of your choices. For touch-screen voters: The ballot design follows the same pattern with one column for each choice. Important You may rank less than three candi- dates by leaving columns blank. If you select the same candidate in more than one column, your vote for that candidate will only count once. The NC State Board of Elections Special Edition of the 2010 Judicial Voter Guide A judge left the NC Court of Appeals in August to take a seat on the federal court. Under the NC Constitution, the vacant office must be filled by an election this November. Thirteen candidates are running for the office (profiles inside). It’s too late to hold a primary. Under NC law, this election will use an Instant Runoff Voting method. Voters indicate who they prefer among the candidates at the “instant” they vote, by ranking as many as three choices 1, 2, and 3. If your 1st choice loses, your 2nd or 3rd choice could help determine who wins. This Guide supplements one sent earlier with a blue cover that profiles candidates in other appellate court races. What is this Special Edition? A vacancy on the state court adds another office to the ballot and a new way to vote. Benjamin Franklin Thomas Jefferson Betsy Ross George Washington Beni Tho Betsy Ross George Washington How do I use Instant Runoff Voting (IRV)? The IRV election is part of the regular ballot. For help, ask an elections official.

The NC State Board of Elections Special Edition of the ...€¦ · 17/9/2010  · Benjamin Franklin Thomas Jefferson Betsy Ross George Washington For paper ballot: Fill in the oval

  • Upload
    others

  • View
    0

  • Download
    0

Embed Size (px)

Citation preview

Page 1: The NC State Board of Elections Special Edition of the ...€¦ · 17/9/2010  · Benjamin Franklin Thomas Jefferson Betsy Ross George Washington For paper ballot: Fill in the oval

First Column Mark your 1st choice in Column 1. Choose the candidate you most want to win as your 1st choice.

Second Column Mark a different candi-date as your 2nd choice in Column 2. This is a back-up choice in case your 1st choice loses.

Third Column You may mark a 3rd choice in Column 3. This choice should be different from your 1st and 2nd choices.

Your 2nd and 3rd choices are back-up choices. They are only looked at if your 1st choice is eliminated. If no candidate gets a majority of 1st choices, then the two candidates with the most 1st choices go into an “instant runoff.” If your 1st choice is in the runoff, he or she gets your vote. But if your 1st choice is not in the runoff, your back-up choices are reviewed to see if you marked one of the candidates who is in the runoff. Your vote goes to the runoff candidate you ranked highest on your ballot.

COURT OF APPEALS JUDGE

Mark your 1st choice here

1st 2nd 3rd Fill in one oval per choice Your 2nd or 3rd choices will not count against your 1st choice

They will only be considered in a runoff if your 1st choice is not in the runoff

Mark your 2nd choice here

Mark your 3rd choice here

Benjamin Franklin Thomas Jefferson Betsy Ross George Washington

For paper ballot: Fill in the oval for each of your choices.

For touch-screen voters: The ballot design follows the same pattern with one

column for each choice.

Important You may rank less than three candi-dates by leaving columns blank.

If you select the same candidate in more than one column, your vote for that candidate will only count once.

The NC State Board of Elections

Special Edition of the 2010 Judicial Voter Guide

A judge left the NC Court of Appeals in August to take a seat on the federal court. Under the NC Constitution, the vacant office must be filled by an election this November. Thirteen candidates are running for the office (profiles inside). It’s too late to hold a primary. Under

NC law, this election will use an Instant Runoff Voting method. Voters indicate who they prefer among the candidates at the “instant” they vote, by ranking as many as three choices 1, 2, and 3. If your 1st choice loses, your 2nd or 3rd choice could help determine who wins.

This Guide

supplements one

sent earlier with a

blue cover that

profiles candidates

in other appellate

court races.

What is this Special Edition? A vacancy on the state court adds another office to the ballot and a new way to vote.

Benjamin Franklin Thomas Jefferson Betsy Ross George Washington

Beni Tho Betsy Ross George Washington

How do I use Instant Runoff Voting (IRV)? The IRV election is part of the regular ballot. For help, ask an elections official.

Page 2: The NC State Board of Elections Special Edition of the ...€¦ · 17/9/2010  · Benjamin Franklin Thomas Jefferson Betsy Ross George Washington For paper ballot: Fill in the oval

2

STATEWIDE COURT ELECTIONS

See profiles in the blue-covered Guide and this Guide

NC Supreme Court

Choose 1 from these 2: Robert C. (Bob) Hunter

Barbara Jackson

NC Court of Appeals

Seat 1: Choose 1 (unopposed) Sanford Steelman

Seat 2: Choose 1 from these 2: Ann Marie Calabria

Jane Gray

Seat 3: Choose 1 from these 2: Rick Elmore

Steven Walker

Seat 4: Choose 1 from these 2: Martha Geer

Dean R. Poirier

Seat 5: Use Instant Runoff Voting John F. Bloss

J. Wesley Casteen Chris Dillon

Jewel Ann Farlow Daniel E. Garner

Stan Hammer Mark E. Klass

Doug McCullough Anne Middleton

Harry E. Payne, Jr. John Sullivan

Cressie Thigpen Pamela M. Vesper

On November 2, polls open at 6:30 AM and close at 7:30 PM. If you are in line at 7:30 PM, you will get to vote.

OVERVIEW OF THIS GUIDE This Voter Guide is intended to give you vital information about voting in North Carolina and about the candidates seeking to fill a vacancy created this summer on the NC Court of Appeals. Another Voter Guide with a blue cover – prepared before the vacancy occurred – provides infor-mation about candidates for other positions on the NC Supreme Court and NC Court of Appeals. You can see both Guides at www.ncsbe.gov.

WHO PAYS FOR THIS GUIDE? The cost of printing and mailing this Guide is paid by the Public Campaign Fund; it receives money from a volun-tary $3 check-off designation on the state tax form and from a $50 surcharge on the annual dues attorneys pay to the State Bar. This Fund also helps judicial candidates who qualify for limited public campaign support. See page 4. No General Fund tax money pays for this Guide.

WHY ONLY JUDICIAL OFFICES IN THE GUIDE? The General Assembly created the Voter Guide as part of the public campaign program for NC Supreme Court and Court of Appeals candidates. In some years, the Guide also includes candidates for executive branch offices who can opt into a public campaign program. For profiles of other candidates this year, visit www.ncvoterguide.org.

WHERE ARE THE PARTY AFFILIATIONS? By law, judges in North Carolina are elected on a non-partisan basis. They do not file or run as a political party nominee, and they are not listed on the ballot or in this Voter Guide with a party affiliation.

KEY ELECTION DATES Friday, October 8 • Voter registration forms must be postmarked or

delivered by 5 p.m. in order to vote in the Nov. 2 election. But after this deadline you can still register to vote at One-Stop absentee voting locations.

Thursday, October 14 • One-Stop, in-person absentee voting (Early Voting)

begins for the Nov. 2 election. Individuals who miss the registration deadline may register in person and then vote at a one-stop voting site. See page 7 for details. Find Early Voting sites at www.ncbse.gov.

Tuesday, October 26 • Last day to request mail-in absentee ballots in writing

(with an exception for a disability or sickness). See page 7 for how to vote absentee.

Saturday, October 30, at least until 1 pm • One-Stop Early Voting and registering ends. Monday, November 1 • Mailed absentee ballots must be received in your

county Board of Elections office by 5 p.m. or post-marked by Nov. 2 and received by 5 p.m. Nov. 5.

• The special deadline to request an absentee ballot due to a disability or sickness is 5 p.m.

Tuesday, November 2 • General Election: Polls open 6:30 a.m. to 7:30 p.m.

NC State Board of Elections Website: www.ncsbe.gov

Mailing Address: PO Box 27255, Raleigh, NC 27611-7255 Physical Address: 506 N. Harrington St, Raleigh, NC 27603 Office hours: 8 a.m. - 5 p.m. Monday through Friday except state holidays. Phone: 919-733-7173 or toll-free 866-522-4723 E-Mail: For questions about Voter Registrations and Election matters, contact Elections & Voting - [email protected]

For questions about Campaign matters, contact Campaign Finance Reporting - [email protected]

County Boards of Elections Go to www.ncsbe.gov. Click on “My Elections Board” at the top of the page.

To See Your Ballot and Find Your Polling Place

visit the State Board of Elections at: www.ncsbe.gov. Click on “Voter Registration,” then “Check Your Registration.” Check and enter

your “Voter Information” and click links to your ballot & polling place.

Questions? Call 866-522-4723.

STATE BOARD MEMBERS

Larry Leake, Chairman Robert Cordle, Secretary Charles Winfree Anita S. Earls William W. Peaslee EXECUTIVE STAFF

Gary O. Bartlett, Executive Director Johnnie F. McLean, Dep. Director, Administration Kimberly Westbrook Strach, Dep. Director, Campaign Finance Marc Burris, Information Services Director Don Wright, General Counsel

Page 3: The NC State Board of Elections Special Edition of the ...€¦ · 17/9/2010  · Benjamin Franklin Thomas Jefferson Betsy Ross George Washington For paper ballot: Fill in the oval

3

JOHN F. BLOSS Place of residence: Greensboro  

Education: B.S., College  of William and Mary, Wil‐liamsburg, Virginia, 1987 J.D., George Mason University School of Law, Arlington, Virginia, 1993  

Occupation: Attorney  

Employer: Robertson Medlin & Bloss, PLLC  

Date admitted to the bar: 1993  

Legal/judicial experience: I have been practicing law for nearly two decades and have been admitted to the bars of three states and 10 federal courts, including the United States Supreme Court. I have rep‐resented clients in numerous complex civil actions and class actions, including cases that have generated opinions of statewide and national importance.   

Candidate’s Personal Statement: As a seasoned appellate attorney, I under‐stand that each case that reaches the Court of Appeals is an extremely impor‐tant event in the lives of the people in‐volved. The Court of Appeals is the last real opportunity that most people have to be heard in our courts. I believe that every person who comes before the Court should be treated with fairness and re‐spect. Judges should base their decisions on the law and not let their personal viewpoints influence their decisions Moreover, cases should be decided on their merits rather than on procedural technicalities. The people of North Caro‐lina expect and deserve hard work, ex‐perience, integrity, and respect from their appellate judges. I would be honored to receive your vote for the N.C. Court of Appeals.   

For more information, please visit my website: www.johnblossforjudge.com  

JEWEL ANN FARLOW Place of residence:  Guil‐ford County, NC    

Education:  Wake Forest University School of Law, Juris Doctor, 1988; Duke University, Bachelor of Arts, magna cum laude, 1980.  

Occupation:  Attorney   Employer:  Sole Practitioner  

Date admitted to the Bar: August 19, 1988  

Legal/Judicial Experience:  Attorney, Sole Practitioner, 1991 to present; Rivenbark, Kirkman, Alspaugh & Moore, Associate Attorney, 1988‐1991.  

Candidate’s Personal Statement: The people of North Carolina expect and deserve fairness, integrity, solid work ethic, impartiality, and respect from their appel‐late judges. If elected to serve on the Court of Appeals, I will apply these qualities.  

I was born and raised in Greensboro, North Carolina.  I am a graduate of Duke Univer‐sity and Wake Forest University School of Law.  

I have practiced law for over twenty‐two (22) years.  I have represented individual and business interests in many diverse ar‐eas.  My experience includes extensive representation of clients in criminal and civil matters.  My civil practice includes representation of clients in the areas of family law, domestic violence, contract, collection, personal injury, landlord/tenant, and bankruptcy law.  

All citizens are entitled to a fair, ethical, and courteous court system.  My experi‐ence, dedication, and work ethic provide me with the skills to be a competent, knowledgeable, honest, and effective ap‐pellate judge.  

Thank you for your support.  

www.farlowforjudge.com  

[email protected] 

CHRIS DILLON Place of residence:  Raleigh, NC  

Education: UNC‐Chapel Hill School of Law, J.D., 1990; B.S. in Business Administration, 1987  

Occupation: Sr. Vice President at a North Carolina community bank  

Employer: CapStone Bank  

Date admitted to Bar: August 18, 1990  

Legal/judicial experience: Ten years of private practice both with a 30‐person firm and as a solo practitioner.  

Candidate’s Personal Statement: This race will be the most confusing on the ballot with 13 candidates seeking one judgeship.  I ask that you consider voting for me, Chris Dillon.  

The Court would benefit having a judge with real‐life experience beyond working in the legal community.  At the commu‐nity bank that I helped start, I interact with people from many walks of life, learning about every aspect of their   business.  I see first‐hand how the law       Impacts all of our lives; whereas when I practiced law, my job was to advocate one side of an issue.  

I will apply the law impartially.  I will not legislate from the bench.  To paraphrase Chief Justice Roberts, a judge’s job is to “call balls and strikes” without regard to who the teams are.  

Finally, I truly desire to serve the people in this capacity.  One of my favorite les‐sons from the Bible is that those in posi‐tions of authority should strive to serve rather than be served.  

I am supported, not only by attorneys, but also by people from all walks of life.  When you reach this “confusing” race on the ballot, consider voting for me, Chris Dillon. Please visit dillonforjudge.com. 

N.C. COURT OF APPEALS JUDGE - Seat 5 - Statements from the 13 Candidates

Statements by candidates do not express or reflect the opinions of the State Board of Elections. Candidates’ personal statements appear on pages 3 to 6

J. WESLEY CASTEEN Residence: Wilmington  

Education: Master of Laws (LL.M.) Taxation, with honors, Alabama (2010); Juris Doctor (J.D.), with honors, Campbell (1994); Bachelor of Science (B.S.), Accountancy, Wake Forest (1989).  Certified Public Accountant (CPA, 1994).  

Occupation: Attorney and CPA  

Employer: Carolina Legal Counsel  

Date admitted to the bar: 1994  

Legal experience: Carolina Legal Counsel (2004‐Present); Wishart Norris Henninger & Pittman, Burlington (2001‐04); Ludlum & Casteen PA, Duplin County (1995‐2001). 5th District Bar: Secretary (2007), Presi‐dent‐elect (2008), President (2009).  

Candidate’s Personal Statement: As an attorney and CPA, my unique back‐ground includes an advanced academic law degree, years of training and experi‐ence in finance, business, and commercial matters, as well as Accreditation in Busi‐ness Valuation (ABV) and Certification in Financial Forensics (CFF) from the Ameri‐can Institute of Certified Public Account‐ants (AICPA).  

My law practice has placed me before all divisions of our North Carolina Courts, including the Court of Appeals and the Supreme Court.  I also have represented clients before the United States Bank‐ruptcy Court and United States Tax Court.  I lecture frequently on issues related to law, accounting, and taxation.  I have worked with the Business Law Committee of the N.C. Bar Association (NCBA), and I presently serve on the Board of Directors of the N.C. Association of CPAs (NCACPA).   

Our Courts are arbiters of life altering issues, and I am privileged to have advo‐cated issues that have influenced posi‐tively the lives of my clients.  A seat on the Court of Appeals presents an opportu‐nity to apply and shape the laws of this State for the protection and benefit of all of its citizens. Website: www.casteen.org 

Page 4: The NC State Board of Elections Special Edition of the ...€¦ · 17/9/2010  · Benjamin Franklin Thomas Jefferson Betsy Ross George Washington For paper ballot: Fill in the oval

4

N.C. Public Financing Program in Elections Candidates for the NC Court of Appeals and the NC Supreme Court can qualify for a limited amount of public financing for their campaigns. If they qualify, candidates stop regular fundraising activities for the general election and use money provided to them from the NC Public Campaign Fund.

The decision to enroll in this program is purely optional. Candidates may receive public funding if they voluntarily:

• demonstrate public support by raising a set number of relatively small donations from registered voters,

• accept strict fundraising limits, and

• accept strict spending limits.

A candidate can also receive a limited amount of “matching funds” if a non-participating opponent or group making independent expenditures in opposition to the candidate exceeds the amount of fund-ing given to the publicly-funded candidate.

The NC Appellate Courts Appellate courts hear appeals regarding the decisions made in another court. The NC Court of Appeals hears appeals of all kinds of decisions of the state Superior and District Courts (the trial courts), from divorce cases to tax cases. It also hears appeals from administrative agencies.

There are no juries in the Court of Appeals. The 15 judges sit in rotating panels of three, considering errors in legal procedures or in judicial interpretation of the law. If a vote is 2-1, the losing party has an automatic right to appeal to the NC Supreme Court.

The NC Supreme Court is the state’s highest court. It hears appeals of cases from the Court of Appeals and appeals of cases that have imposed the death penalty. There is no further appeal in North Carolina of its decisions, but in limited instances involving federal law, the US Supreme Court may consider appeals from the NC court.

Like the Court of Appeals, the NC Supreme Court has no jury. Its chief justice and six associate justices hear all cases together, as one sitting court. They consider errors in legal procedures or in interpretation of the law by a lower court.

DANIEL E. GARNER Place of Residence: Wake Forest, NC

Education: UNC, B.A. 1974; UNC, M.B.A. and J.D. 1982

Occupation: Attorney, Counsel to the NC Commissioner of Banks

Employer: Office of the Commissioner of Banks

Date admitted to the bar: Sept. 1982

Legal/judicial experience: From 1982-91, I enjoyed a varied private practice, includ-ing property, business, litigation, and some securities work. From 1991–99, I served as an unemployment hearings judge, deciding over 6,000 cases. Since 1999, I’ve worked on legislative matters, enforcement hearings and appeals, regu-latory rule-making, and more as counsel to the NC Commissioner of Banks.

Candidate’s Personal Statement: I’m asking voters in North Carolina to hire me; I have the skills, experience, philoso-phy, and desire to serve them well on the Court of Appeals. My work over 28 years has not been very public nor glorious. It’s been a broad, enriching experience, how-ever, and great preparation.

Voters should elect judges who under-stand that legislators legislate (make laws) and judges judge (interpret and apply law). Our federal and state Constitutions require a separation of powers; when a public servant in any branch casts off this constraint, he or she creates problems instead of fixing them. Judicial restraint serves the cause of justice more ably. My “judicial philosophy” rests on respect for other people, respect for the law, and a desire to “do right” – nothing less will do. Character matters!

For 35 years, Cheryl and I have raised 11 children; home schooled them (two re-main); sent them to college (seven gradu-ates); seen four married (14 grandchil-dren). Now, I’d like to serve you on the Court of Appeals. Website: www.GarnerforJudge.com

MARK E. KLASS Place of residence: Lexington, NC

Education: UNC Chapel Hill, Campbell Law

Occupation: Senior Resi-dent Superior Court Judge

Employer: State of North Carolina

Date admitted to the bar: 1984

Legal/judicial experience: 1984-1986, Assistant District Attorney 1986-1998, General trial practice 1999-present, Superior Court Judge

Candidate’s Personal Statement: Judges must treat all parties fairly, with respect, and free of outside influences. I believe in our system, founded on equal access to justice, and believe that judges must apply, not make, the law. I will con-tinue upholding these principles as an ap-pellate judge. I also feel there is a need for justices to have a wide variety of ex-periences. I hope to bring experience from the types of law that I’ve practiced, experience from working in the District Attorney’s office, and also through the common sense experiences I have gained as a judge trying cases across the State.

The attributes that qualify me to hold this position are that I am fair, even-tempered and hard working. I will give each case careful review, and I will render fair deci-sions; something I have done while serving as a judge for the past twelve years. Also, being a native North Carolinian from a small rural area, I can give a different per-spective, as most of the current judges hail from metropolitan areas.

I hope you will look at my record and see that I have the reputation of being fair, hard working, and willing to do what is right for the judiciary. I would be honored by your vote. Please visit my website at www.voteklass.com

STAN HAMMER Place of residence: Greensboro, NC

Education: B.A., Univer-sity of South Carolina, Dec. 1974; M. Lib., Uni-versity of South Caro-lina, 1977; J.D., Campbell University School of Law, 1984

Occupation: Attorney, litigation partner handling civil and criminal appellate and trial matters

Employer: Wyatt Early Harris Wheeler LLP

Date admitted to the bar: North Caro-lina, 1984; South Carolina, 1985

Legal/judicial experience: Litigation Part-ner, Wyatt Early Harris Wheeler LLP, 1995 to present; Instructor of Business Law, Guilford College, 2001-2005; Assistant Public Defender, 18th Judicial District, 1990-1995; Law Clerk to the Honorable Louis B. Meyer, Associate Justice, N.C. Supreme Court, 1986-1987; Director of Research and Assistant Professor of Law, Campbell University School of Law, 1985; President, Guilford Inn of Court, 2009 to present; Member, N.C. Bar Association Appellate Rules Committee, 1995-2010; numerous Continuing Legal Education presentations.

Candidate’s Personal Statement: Our nation is built upon bedrock princi-ples established in our national and state constitutions. The judiciary's job is to define government’s role within these limits. I am committed to preserving the rule of law and protecting the rights and security of our citizens. I will be “forceful in the pursuit of justice.”

I have represented clients in over 40 appellate cases, tried countless cases in our Superior and District Courts, and for 15 years served on the Bar Association Committee that studies and recommends changes to the rules governing legal appeals. I have earned the highest review rating from my peers for competence and ethics (AV rating), and I routinely teach other attorneys in legal education semi-nars. Web: www.hammerforjudge.com

N.C. COURT OF APPEALS JUDGE - Seat 5 - 13 Candidates

Page 5: The NC State Board of Elections Special Edition of the ...€¦ · 17/9/2010  · Benjamin Franklin Thomas Jefferson Betsy Ross George Washington For paper ballot: Fill in the oval

5

DOUG McCULLOUGH Place of residence: Atlantic Beach, NC

Education: Swansboro High School, U.N.C., B.A. History; South Carolina School of Law

Occupation: Attorney

Employer: Stubbs & Perdue, P.A. New Bern, NC

Date admitted to the bar: 1982

Legal/judicial experience: U.S. Marine 1970-74; U.S. Dept. of Justice 1974-77; Counsel, U.S. Senate 1977-81; U.S. Attor-ney’s Office EDNC 1981-96; Stubbs & Perdue 1996-2000, 2009-Present; Judge, NC Court of Appeals 2001-2008

Candidate’s Personal Statement: I served on the North Carolina Court of Appeals from February 2001 until Decem-ber 31, 2008. During those years I per-sonally authored over 800 opinions and joined in several thousand more. I medi-ated over 40 cases, served on the Carolina Sentencing Commission, the Medico-Legal Guidelines committee and taught two years in the UNC Law School.

My legal experience includes service as a federal prosecutor where I was twice the Acting United States Attorney for the Eastern District of North Carolina as well as private practice with the firm of Stubbs and Perdue. I also served in the U.S. Ma-rine Corps reserve and retired with 29 years service as a Colonel.

I would very much like to continue to serve the people of North Carolina and believe I have demonstrated the ability to perform as an appellate judge worthy of your support. During my service as a judge I treated all parties fairly and with respect. I believe I have the integrity, commitment and experience needed. I am raising funds to participate in the pub-lic financing program. More information about me can be found at www.citizensforjudgemccullough.com.

ANNE MIDDLETON Place of residence: Raleigh, NC

Education: Wake Forest University School of Law, J.D. 1995; Univer-sity of North Carolina at Chapel Hill, B.A. 1982

Occupation: Appellate Attorney

Employer: NC Attorney General’s Office

Date admitted to the bar: 1995

Legal/judicial experience: Appellate Sec-tion, NC Attorney General’s Office 1999-present (lead appellate attorney, crimes against children); Revenue Section, NC Attorney General’s Office 1997-99 (practiced in District Court, Superior Court, Court of Appeals and NC Supreme Court); Pitt County District Attorney’s Office 1995-1997, Asst. District Attorney

Candidate’s Personal Statement: I will bring three unique qualities to the North Carolina Court of Appeals. First, I am the state’s lead appellate attorney regarding crimes against children. Of the 15 judges now serving on the Court of Appeals, only one has a victim-oriented background. My background will deepen, enrich, and balance the composition of the Court.

Second, my practice of law, all day, every day, involves cases before the NC Court of Appeals and the NC Supreme Court. For the past 13 years, I have advocated in hundreds of cases before the Court of Appeals – far more than all other candi-dates for this position combined.

Third, I am fair. Every person who comes before the Court deserves a judge who will be fair and impartial, and who will follow the law – not a personal or political agenda. I will treat every person fairly.

You will not find another candidate for the Court of Appeals who is more family-oriented, experienced and fair-minded – or more devoted to the work of the Court of Appeals. Please visit www.middletonforjudge.com

JOHN SULLIVAN Place of residence: Raleigh, NC

Education: Bachelor of Arts in Psychology, N.C.S.U., 1980; Juris Doc-tor, N.C. Central U. School of Law, 1985. Also attended classes at the law schools of U.N.C., Duke, and Harvard.

Occupation: Attorney in private practice Employer: Solo Practitioner

Date admitted to the bar: March 20, 1993 Legal/judicial experience: Seven years with the state attorney general’s of-fice. Represented the State in labor law violation cases and prosecuted tax fraud cases; and represented the State in cases of violent crime where the defendants appealed their convictions to the Court of Appeals.

Have had a general practice for 10 years.

Candidate’s Personal Statement: My main interest in law has always been the prosecution of violent crimes. I can be a fair and effective judge on the Court of Appeals. I will apply the law as it has been handed down by the State and the U.S. Supreme Courts, but will do so on a case by case basis, ensuring that both the State and the appealing litigants are listened to carefully. Based on my experience and temperament I can be an excellent judge on the court. I will apply myself earnestly to each case before me to ensure that the law is properly and fairly applied.

Candidate Profiles Continue on Next Page

HARRY E. PAYNE Place of residence: Raleigh, NC

Education: BA Psychol-ogy, Political Science UNC-CH; JD, Wake Forest University

Occupation: Attorney

Employer: State of North Carolina

Date admitted to the bar: 1977

Legal/judicial experience: Private prac-tice (became Scott, Payne, Boyle and Swart, Wilmington NC) 15 years; Legisla-tor, NC House of Representatives (Six Terms); Commissioner, North Carolina Department of Labor, North Carolina Council of State (two terms); Chairman, (CEO) North Carolina Employment Secu-rity Commission (seven years); Manager of Compliance, NC OERI (Current)

Candidate’s Personal Statement: Graduated Law Review from Wake For-est University, passed the bar and set up my own practice in Wilmington. Blended 15 years of growing a law firm in my hometown with 12 years of legis-lative service. I devoted every moment to keeping promises. My special focus was the law of the workplace. Running for NC Commissioner of Labor was the natural next step. My knowledge was shaped and tested there for eight years under a bright public light.

I was then appointed to Chair (CEO) the North Carolina Employment Security Commission where I served seven years. I now manage NC legal compliance with respect to billions of recovery dollars.

I am well prepared for service on the Court of Appeals and lay down my previ-ous swords of advocacy and agenda fully understanding the role. I retain how-ever, the depth of experience, judgment and season that came while gaining a unique understanding of the laws that touch the lives of working people.

N.C. COURT OF APPEALS JUDGE - Seat 5 - Statements from the 13 Candidates

Voting Tips ► Judges and other nonpartisan offices are at the end of ballot.

► Voting a “straight party ticket” does not include the judicial races.

► If your county uses paper bal-lots, be sure to vote on both sides.

Page 6: The NC State Board of Elections Special Edition of the ...€¦ · 17/9/2010  · Benjamin Franklin Thomas Jefferson Betsy Ross George Washington For paper ballot: Fill in the oval

6

1. HOURS. Each polling place is open between 6:30 a.m. and 7:30 p.m. on Election Day. If you are in line by 7:30 p.m., your right to vote is protected; you will be allowed to vote. It’s the law: See NCGS 163-166.01

2. ASSISTANCE. You have the right to assistance from a family member or, if you have difficulty reading or a disability that impairs your ability to vote, you have the right to assistance from a person of your choice, except your employer or union agent. You can also receive ballot instructions in Spanish. NCGS 163-166.8 and 168-165-5A

3. PROVISIONAL BALLOT. If any problem arises, you have a right to vote with a provisional ballot. For example, ask for a provisional ballot if you believe you have registered but your name is not on the rolls; or if you question the voting district (or ballot or precinct) assigned to you. You must be given a way to find out if the provi-sional ballot was counted, and if not, the reason it was not counted. NCGS 163-166.11

4. IDENTIFICATION. In general, you do not have to show identification to poll work-ers when you vote. NCGS 163-82.8. A voter’s identification is cross-checked with NC Driver License and SSA information when they register. However, if you are a first-time voter whose identification data did not match, you will be notified by mail of required identification that you will need to present before voting for the first time. Acceptable ID includes a current NC driver license or other government issued photo ID, or one of these documents with your name and current address: utility bill (electric, gas, phone, water, cable bill), pay-stub/W-2, bank statement, or any docu-ment from any government agency. NCGS 163-166.12

5. IF YOU HAVE MOVED. If you have moved from one place to another within the same county and have not updated your registration, you can update your registration and vote at an Early Voting One-Stop site in your county. Specific rules apply if you wait until Election Day: If you have lived in your new location more than 30 days, you have the right to vote in your new precinct or at a central location. If you have moved, but have lived in your new location less than 30 days, you must vote in your old precinct or cast a provisional ballot in your new precinct. If you have moved within your precinct, you can update your information at the polls and vote. NCGS 163-82.15

6. NAME CHANGE. If your name has changed since you registered to vote, you have the right to vote, even if you have not reported your name change to election officials. NCGS 163-82.16

7. SPOILED BALLOT. If you make a mistake and “spoil” your ballot, you have a right to a new ballot. You can spoil up to three (3) ballots. 8 NCAC 10B.0104b

8. CURBSIDE VOTING. If the polling place is inaccessible to you due to a disability, you have a right to vote at the curb, in the vehicle you came in, or at the door of the polling place. NCGS 163-166.9

9. EX-OFFENDERS & MISDEMEANANTS. You have a right to register and vote if you are in jail for a misdemeanor. If you were convicted of a felony in any state, you have the right to register and vote in North Carolina if you have completed your sen-tence including any parole and probation. Your citizenship rights are restored auto-matically upon your discharge as a felon and you do not need a separate document to register. You must re-register again after the discharge. NCGS 13-1

10. INTIMIDATION. You have a right to vote without being intimidated or forced to vote for anyone you don’t wish to vote for. NCGS 163-271

10 WAYS YOUR RIGHT TO VOTE IS PROTECTED

CRESSIE THIGPEN Place of residence: Raleigh, NC

Education: NC Central University, B.S., Business with a minor in Spanish, 1968; Rutgers University School of Law, J.D., 1973; National Insti-tute for Trial Advocacy, Certificate, 1976

Occupation: Judge on the NC Court of Appeals

Employer: State of North Carolina

Date admitted to the bar: 1973

Legal/Judicial Experience: Judge – NC Court of Appeals, August 2010-Present; Special Superior Court Judge, 2008-10 President, NC State Bar, 1999-2000 Founding Partner – Thigpen, Blue, Stephens & Fellers, 1976-2008 Adjunct Instructor – NC Central Univer- sity School of Law, 1991-1992 Solo Practitioner, 1974-1976 Staff Attorney – Durham County Legal Aid Society, July 1973-Dec. 1973

Candidate’s Personal Statement: During my 35 years as a founding partner at Thigpen Blue Stephens and Fellers, I tried criminal, civil, domestic, real estate, and business cases. One of my historic cases lasted 15 years and went to the US Supreme Court. The court ruled unani-mously for my clients. During my tenure as a Special Superior Court Judge, I heard civil and criminal cases in 39 counties. The lawyers, defendants and plaintiffs who appeared before me were treated fairly, impartially and with respect. I be-lieve in the rule of law, the Constitution of the United States and the Constitution of North Carolina.

I am proud to be endorsed by former Chief Justices of the NC Supreme Court I. Beverly Lake, Burley Mitchell, and Henry Frye, and former NC Court of Appeals Judges Edward Greene and Gerald Arnold.

www.JudgeCressieThigpen.com

Find Judge Thigpen on Facebook

PAMELA VESPER Place of residence: Raleigh, NC

Education: Tulane Uni-versity, Juris Doctor 1993; Vanderbilt University, B.A. 1988

Occupation: Auditor/investigator/lawyer

Employer: NC Real Estate Commission

Date admitted to the bar: August 1998

Legal/judicial experience: North Carolina Real Estate Commission, auditor/investigator 2006-present. Investi-gate complex mortgage fraud cases as well as violations of the NC General Statutes and Administrative Code. Association of Real Estate License Law Organizations (ARELLO) Investigator of the Year 2008. North Carolina Real Estate Commission, assistant legal counsel 1999-2006. Handled the disposition of hundreds of cases and prosecuted on behalf of the state of North Carolina. NC Secretary of State, special projects counsel, Securities Division 1998-1999. Law Clerk, Judge Charles Ward, 4th Circuit Court of Appeals. Volunteer, con-sumer foreclosure clinic.

Candidate’s Personal Statement: I have dedicated my career to seeking jus-tice for the people of North Carolina, both as a prosecuting attorney for the North Carolina Real Estate Commission and as an investigator for that same agency, where I gather and weigh the evidence in complex mortgage fraud and other cases and help people victimized by dishonest dealing.

Anyone who appears before me will re-ceive fair and unbiased justice. I will thor-oughly research relative legal precedent and weigh the issues before me to assure that all litigants receive thoughtful and well-reasoned decisions.

I believe in giving back to my community. For the last 7 years I have been reading to the blind through the Triangle Radio Read-ing Service. My hobbies are competitive pistol shooting and historic preservation.

N.C. COURT OF APPEALS - Seat 5

Page 7: The NC State Board of Elections Special Edition of the ...€¦ · 17/9/2010  · Benjamin Franklin Thomas Jefferson Betsy Ross George Washington For paper ballot: Fill in the oval

7

YES If you say YES, here’s how to vote

THREE WAYS TO VOTE IN N.C. 1. IN PERSON ON ELECTION DAY At your assigned polling place, you’ll be asked to state your name and address and sign the pollbook before you vote. The polls open at 6:30 a.m. and close at 7:30 p.m. If you are in the line by 7:30 p.m., you will be able to vote. See the box, page 2, to find your polling place.

2. EARLY VOTING IN PERSON, BEFORE ELECTION DAY From October 14 to October 30, every county has at least one site where you can register and cast a “One-Stop absentee ballot.” You do not need an excuse to vote early. Some sites are open beyond normal business hours. On Saturday, October 30, One-Stop voting ends at 1 p.m., but some sites may stay open until 5 p.m. Contact your county board of elections to find out where and when One-Stop absen-tee voting is available.

3. MAIL-IN ABSENTEE BALLOT No later than 5 p.m. on October 26, you can request a no-excuse mail-in absentee ballot. The request must be written and signed by you or a near relative (a near relative is a spouse, brother, sister, child, parent, grandpar-ent, grandchild, stepparent, stepchild, or mother-, father-, daughter-, or son-in-law), or be on a form provided to you by your county board of elections. The request may be emailed or faxed to the county board of elections. A request should include: Your name, date of birth, residence address, ad-dress to which the absentee ballot

should be mailed, and if the request is by a near relative, the near relative’s contact information and relationship to you. Once a valid request is received, the county board of elections will mail a ballot directly to the voter. The voted ballot must be returned by the voter no later than the Monday, November 1, 2010. If you mail your voted ballot, it may still be considered timely if the re-turn envelope is postmarked November 2, 2010 and the ballot is received no later than 5 p.m. on November 5; how-ever, it is best to return your ballot by November 1. Be sure to follow all the directions, including having one witness sign in the appropriate place.

YOU MAY REGISTER TO VOTE IN NORTH CAROLINA IF YOU ARE:

• a United States citizen; • at least 18, or will be at the time

of the next general election, or at least 16 years old and under-stand that you must be at least 18 years old on election day in order to vote;

• a resident of North Carolina and

the county precinct where you want to vote for at least 30 days before the election;

• not a convicted felon still in

custody, on probation, or on parole. If you have served all parts of your sentence, you can register like any other citizen.

NO

HOW TO VOTE: Are You a Registered Voter in N.C.?

If you say NO, here’s how to register

SIX WAYS TO REGISTER TO VOTE 1. IN PERSON, AT A COUNTY ELECTIONS OFFICE You can find the address for your county election office on the State Board of Elections’ website, www.ncsbe.gov or call (toll free) 866-522-4723. The county staff can help you with the registration form and answer your questions. 2. IN PERSON, AT ONE-STOP ABSENTEE VOTING SITES Individuals who miss the registration deadline may apply to register in person and then vote at a one-stop voting site. These Early Voting sites are open from Oct. 14 to Oct. 30. Bring an ID with you, like a driver’s license, utility bill or gov-ernment document with your current address. Contact your county board of elections for locations and hours. 3. IN PERSON, AT MANY GOVERNMENT OFFICES You can get a registration form at Driver License offices, Employment Security Commission offices, and most Social Service agencies. The agency will sub-mit the completed form to the county board of elections. Many libraries, high schools, and institutions of higher edu-cation have forms as well. 4. IN PERSON, DURING A VOTER REGISTRATION DRIVE Many civic groups and political parties set up tables at businesses or conduct registration drives to register people to vote. They typically submit the form for you; if not, mail it to the county board of elections yourself.

5. BY MAIL You can fill out and mail in your registration form. You can get a form from your county board of elections, or print it from the State Board of Elections’ website at www.ncsbe.gov. Click on “My Elections Board” for a list of county board addresses.

6. INFORMATION ABOUT PRE-REGISTRATION A person who is at least 16 but will not be 18 by the date of the next election and who is otherwise qualified to reg-ister may preregister to vote. A pre-registrant can use the same form as other registration applicants. A pre-registered citizen will be automatically registered upon reaching voting age, following the verification of the per-son’s qualifications and address. A person must complete a new pre-registration form if he or she changes residence. For more information, con-tact your county board of elections.

RULES ABOUT REGISTERING You must provide your North Carolina driver’s license number if you have one. If not, provide the last four digits of your Social Security Number on the registration form. If you do not have either of these, then you may include with the form a copy of identification that shows your name and address, such as a utility bill or document from a government agency. Ask your board of elections for a list of acceptable ID.

To find your county board of elections, visit www.ncsbe.gov and click on “My Elections Board” on the top Quick Links or call 866-522-4723 (toll free)

Page 8: The NC State Board of Elections Special Edition of the ...€¦ · 17/9/2010  · Benjamin Franklin Thomas Jefferson Betsy Ross George Washington For paper ballot: Fill in the oval

8

N. C. State Board of Elections 506 N. Harrington St. P.O. Box 27255 Raleigh, NC 27611-7255

Residential Customer

ECRWSS NON-PROFIT ORG US POSTAGE PAID

ACCURATE MAILING 27320

The NC State Board of Elections

Special Edition of the 2010 Judicial Voter Guide This Guide describes one additional contest for the NC Court of Appeals in the General Election that uses a new way to vote called “Instant Runoff Voting” Use this Guide with the blue-covered Guide sent earlier this month This Special Voter Guide is prepared and distributed by the State Board of Elections. 4,212,000 copies of this publication were printed at the cost of $162,052 or 3.85 cents each (see page 2).

CONTENTS

Page 1: Why a Special Guide?

Page 1: Instant Runoff Voting

Page 2: Key Election Dates

Pages 3-6: The Candidates

Page 5: The Appellate Courts & Public Campaign Fund

Page 6: Your Voting Rights

Page 7: How to Register & Vote

Special Edition

for Voters &

Would-Be

Voters