DA race unlikely to require runoff
By John Stevenson, The Herald-Sun
November 4, 2006 9:37 pm
DURHAM -- Voters need not worry that the verbal contortions, mayhem and acrimony of Durham's district attorney campaign might continue beyond Tuesday.
A margin of only one vote could decide the race and end an election contest that, largely because of controversy surrounding the Duke lacrosse rape case, has been like no other in memory.
Except in the unlikely event of a tie, there is no chance a runoff might prolong the virulent campaign.
A 40-percent rule that applied to the May primary has no effect on Tuesday's general election. The rule requires a runoff when any given candidate doesn't pull at least 40 percent of the primary vote.
The choices facing voters on Tuesday are current district attorney Mike Nifong, a 27-year veteran prosecutor who has received widespread criticism over his handling of the lacrosse case; County Commissioner Lewis Cheek, who has said he would not serve if elected; and local Republican Party Chairman Steve Monks, who is running on an unaffiliated write-in basis.
If Cheek won, the governor would appoint someone to serve in his place.
Under other circumstances, the contest for district attorney would likely have been over in May, when Nifong beat out challengers Freda Black and Keith Bishop in the Democratic primary.
But dissatisfaction over Nifong's handling of the lacrosse rape case sparked the last-minute candidacies of Cheek and Monks. In fact, the Cheek campaign is officially billed as a "recall-Nifong" effort.
If a tie occurred on Tuesday, there would first be a recount of votes, according to Durham elections director Mike Ashe.
If the recount still showed a tie and more than 5,000 ballots had been cast, another election would be held, Ashe said Friday.
But if fewer than 5,000 voters participated in a tied election, the contest would be decided by lot, Ashe said.
"It might be done by drawing a short straw, drawing a card or something like that," Ashe said. "I'm not sure exactly what we would do. That would be probably a one-in-a-zillion possibility. It's never happened."
As the heated district attorney campaign entered its final days last week, Monks blasted Cheek as a "spoiler" in the contest and emphasized what he called the foolhardiness of allowing the governor to select Durham's chief prosecutor.
"I reject the caretaker mentality of letting someone else, in this instance the lame-duck governor, decide who will be our district attorney," Monks said Friday. "Giving the power to the governor to again appoint our DA solves none of our problems and reinforces the perception of incompetence in Durham."
For his part, Cheek has urged voters to follow their consciences, while insisting he did not believe a write-in candidate could win the election.
In another last-minute twist on Friday, former Assistant District Attorney Freda Black threw her support behind Cheek and asked those who voted for her in the May primary to do the same.
Black was a senior prosecutor in Durham for more than a decade, but was asked to leave when Nifong received a gubernatorial appointment as district attorney last year. The reasons were not made public.
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Voting takes a spirited tone
Volunteers put on a party in Durham
Benjamin Niolet, Staff Writer
DURHAM - As early voting drew to a close Saturday afternoon, Durham's elections chief, an unabashed booster for democracy, was even more exuberant than normal.
"Democracy is having a pretty good morning," said Mike Ashe, director of Durham's Board of Elections. "Hot dogs, music, voting and democracy. It doesn't get much better than this."
All over the state, Saturday was the last day people could vote early in person. At Durham's Board of Elections, a modest building on West Corporation Street just west of downtown, a line 100 people long waited to vote. The scene was more like a tailgate party where candidates shook hands and a nonpartisan group of volunteers served food, coffee and music.
Just after 1 p.m., the last voter in line cast the 650th ballot of the day and the 4,775th since Durham County began early voting Oct. 19.
Ashe said that some were voting for the first time and that many were prompted to vote by the district attorney race. The bitter campaign has focused on incumbent Mike Nifong's handling of the rape case against three Duke University lacrosse players.
On Saturday, boosters held up their signs and plastered stickers on voters. Campaign volunteers were cordial if a little icy to each other.
Nifong is on the ballot as a Democrat, while County Commissioner Lewis Cheek appears as an unaffiliated candidate. Cheek has promised he will not accept the job, and if he gets the most votes, the governor would appoint a district attorney for a two-year term. Republican Party Chairman Steve Monks is also running as a write-in candidate.
Felicia Walton, 19, had a Cheek sticker on her purse.
"Having a fresh pair of eyes look at the case is of utmost importance to us at Duke University," said Walton, a biology and chemistry senior at Duke.
Richele James, 39, recently moved to the Chicago area, but not in time to vote there. She came to Durham on Saturday for N.C. Central's homecoming and because she couldn't imagine not voting, especially with the district attorney race on the ballot. She voted for Nifong, she said.
"There are times when we have to give people support and give them an opportunity to see things to the end," she said.
Hot dogs, veggie burgers, chili and coffee were available at no charge thanks to Traction, a Durham nonprofit that works to get young people involved in the community. Traction also arranged for the Water Callers, a duo who played acoustic folk, country and roots music for the crowd.
"We think politics shouldn't be boring, it should be fun," said Lanya Shapiro, 36, the group's founder and director.
Soon after he arrived, Nifong approached three members of Duke Students for an Ethical Durham, a group that has worked against Nifong. The prosecutor told the students that since they were working against him, they might as well meet. Nifong held out his hand. No one shook it. After an awkward moment, Nifong shook hands with the head of another anti-Nifong group, then went to work the line of voters.
Staff writer Benjamin Niolet can be reached at 919-956-2404 or bniolet@newsobserver.com.