Tucker Chambers will not be on the ballot when municipal elections take place in November following a Tuesday ruling by a five-person board of elections panel that determined Chambers does not live within Highlands’ municipal limits.
The panel ruled unanimously against Chambers, and for challenger Derek Taylor, who filed a challenge to Chambers’ candidacy based on residency.
“While we certainly appreciate anyone who wants to be involved in the political process, and we respect all that Mr. Chambers has done for Highlands and his community as a whole, we are only here to determine whether or not he meets the requirements to run for the Highlands town board of commissioners,” panel member Jeff Gillette said. “It is our determination that Mr. Chambers does not meet those requirements.”
Chambers filed to run for Highlands’ town board on July 21 and changed his address the same day from 539 Hedden Lane in the Flat Mountain community (outside of town limits) to 401 N. 5th Street (inside of town limits).
All candidates for Highlands town board must live within the town limits for at least 30 days prior to filing for office in order to be eligible.
Taylor, representing the political action group Highlanders for Good Government, filed a challenge to Chambers candidacy. In order to do so, Taylor must be a registered voter within the town limits, and the panel determined that he is.
Once challenged, the burden is on the candidate to show by a preponderance of the evidence that he is qualified to be a candidate for the office. If the challenge is based upon a question of residency, the candidate must show all of the following:
• An actual abandonment of the first domicile, coupled with an intent not to return to the first domicile
• The acquisition of a new domicile by actual residence at another place
• The intent of making the newer domicile a permanent domicile
Chambers offered his opening remarks and said that he has lived in Highlands most of his life and that the property at 401 N. 5th Street is both his office and his home. He receives his mail there and that is the address on his driver’s license.
But on cross examination by attorney Ward Collins, who represented Taylor, Chambers admitted that he “goes back and forth” between the Hedden Lane and N. 5th Street addresses. Collins then asked if Chambers was planning to sell or abandon the Hedden Lane property and make 401 N. 5th Street his permanent domicile.
“I am not going to sell that property, like I have said already I go back and forth,” Chambers said. “I don’t see why that’s relevant.”
Collins also presented evidence that Chambers has changed his voter registration address between the two properties at least three times since 2019. Collins admitted a change of address form from the 2019 municipal election cycle, another from the 2020 general election cycle, and another from the recent change on July 21, 2023.
“I’m going to just try to make this very clear and get straight to it,” Collins said. “Do you intend to leave the Hedden Lane property and not return? Do you plan to make 401 N. 5th Street your permanent full-time address?”
Chambers reiterated that he intends to continue to “go back and forth” between the two properties and has no intention to abandon the Hedden Lane property.
“I would like to thank Mr. Chambers for his honesty in this proceeding,” Collins said in his closing argument. “I make a living listening to people lie upstairs in this very courthouse, so to have someone be honest is refreshing. But this is pretty cut and dry. Mr. Chambers does not live permanently full-time inside town limits by his own words. He does not meet the requirements to be a candidate for Highlands town board.”
Chambers used his closing argument to show his frustration with the current North Carolina election laws.
“Highlands is my home, and I don’t think it’s right that only the few people who live inside the town limits can run for office and make decisions for the many who live just outside town limits,” Chambers said. “I don’t know the way to fix it, whether it’s a allowing a percentage of people outside town limits but in Highlands township to vote, or something else. But I don’t think it’s right.”
Board of elections panel members John Vanhook, Gary Dills, Jeff Gillette and Kirk Stephens all voted in Taylor’s favor for a 4-0 decision upholding the candidate challenge. Panel chair Kathy Tinsley was only required to vote in the event of a tie, thus she did not.
The Highlands town board race will feature incumbents Brian Steihler and John ‘Buz’ Dotson along with challengers Jeff Weller, Kay Craig, and Rachel Wilson running for three seats on the board.
One-stop early voting will begin on Oct. 19 and Election Day is scheduled for Nov. 7.