NC elections board rejects residency challenge against state senator

State Sen. Ben Clark, D-Hoke, will stay on next Tuesday's primary ballot after the State Board of Elections & Ethics Enforcement rejected a residency challenge against him Thursday.

Clark has said repeatedly that he lives with his parents in Raeford, in a large home they built together, and not primarily in a house he owns with his wife some 30 miles away in Vander. A local board of elections panel sided with Clark last month, and the state board backed that up Thursday, though some members noted constraints the law places on them as an appeals body limits their ability to make new judgments on Clark's credibility.

Key to the case against him: Documents Clark signed saying the Vander home would be his primary address and }attempts he made last year, as the General Assembly approved new election lines, to have the Vander residence drawn into his district.

After the board decision Thursday Clark's only comment to reporters was, "It went as expected."

With that, he walked away.

The residency challenge has been part of a bitter Senate District 21 race between Clark and Naveed Aziz, a Spring Lake doctor making her second bid to unseat the three-term senator. She lost to him in the Democratic primary two years ago by 1,300 votes. Both candidates accused each other of living outside the district during that race.

Spring Lake Mayor Pro Tem James O'Garra, an Aziz supporter, filed this challenge against Clark and said he may still appeal. That appeal would go to the state Court of Appeals.

In emails to supporters, Clark has expressed outrage over the challenge, calling it "an unbelievable abuse" of the system and dirty tactics from his opponent.

O'Garra said he's convinced Clark lives with his wife in Vander. He said Spring Lake police officers live in the area and see Clark there frequently.

In April, Clark tweeted out a picture he said was from inside the Raeford home, with mail addressed to him there on the couch.

"Time to depart home for work now," he tweeted. "I received mail here yesterday. See it on the sofa? It is the residency challenge from the Aziz team claiming that I don't live here."

Clark has acknowledged that he sleeps some nights at the home in Vander, which he described as a second home during redistricting negotiations last year. But he says his primary home is in Raeford and that he never abandoned it, to use the phrasing in state election codes on residency challenges.

Clark has said the six-bedroom home in Raeford was built as a family home by himself, his parents and his siblings. He has acknowledged that his financial interests in that property were deeded to his father, but his attorney said Thursday this was done by his father, who had Clark's power of attorney while Clark was serving in the military, without Clark's knowledge.

Clark's attorney also said that his client wasn't aware mortgage documents he signed as a co-borrower with his wife to purchase the home in Vander declared that the home would be his primary residence.

Aziz seized on the issue in a post-hearing statement Thursday.

"Mr. Clark either lives in the home in Vander that he owns with his wife and tried to gerrymander into the district, or he has possibly committed mortgage fraud," she said. "Either should be disqualifying for a state senator. The voters will get to decide on Tuesday."