Obscure electoral law is coming into play as the Wake County Democratic Party scrambles to compete for a newly vacated seat in the county’s district court. 

On February 1, longtime chief district court Judge Ned Mangum, a Republican, retired from his seat. As it wasn’t originally scheduled to appear on the November ballot, his seat opening gives Democrats a chance to pick up an additional judgeship this year in Wake County’s District Court 10 in the general election. (Earlier this month, NC Supreme Court Justice Paul Newby appointed Wake County district court judge Margaret Eagles to serve in the chief district court judge’s role.)

With Democrats competing over four other seats in the March primary, and with another competitive race in November, election results this year could lead to significant criminal justice reform in the county. The only problem is finding a candidate. 

When vacancies like this occur, the Wake County Democratic Party (WCDP) has only seven days to find someone to place on the ballot. District courts in North Carolina were made partisan once again in 2017, and when judicial vacancies occur in district courts, parties are statutorily required to nominate candidates to run to fill those vacancies. 

“It’s very draconian,” says Wake County Democratic Party chair Kevyn Creech. “This particular statute that we have to follow is not something that’s well known.”

It’s a tight deadline, Creech says, but doable. 

Earlier this month, the WCDP Executive Committee elected public defender Kevin Boxberger to run in the November race for Mangum’s District 10D, Seat 3 spot. The only problem is that Boxberger is already running in the March 5 election for District 10D, Seat 5 against Wake County clerk of court Blair Williams. 

This is where it gets complicated. 

Boxberger can’t run for two seats on the District Court, so if he wins the election to 10D, Seat 5 in March, but wants to run for 10D, Seat 3 in November, he’ll have to resign from Seat 5 first. 

After receiving the Democratic Party’s nomination, that’s what Boxberger will do, he tells the INDY. This will allow Boxberger to get his name on the ballot in November in an election against the GOP’s nominee, Karl Roth, for the seat. 

Continuing this hypothetical of Boxberger winning in March, the Wake County Democratic Party would then have to nominate yet another candidate to run for Seat 5 after Boxberger resigns. Of course, if Boxberger’s opponent, Blair Williams, wins the Democratic race in March, no action will need to be taken: a Democrat will fill the seat as Williams would run unopposed in November, and Boxberger would be free to file for the race for Mangum’s seat in the general election. 

Creech is optimistic.

“We expect to pick up both seats in the fall,” Creech says. “Even though none of us want partisan elections, all judicial elections matter. We’ve been diligently working for over two years to pick up as many district court seats as possible. So the onus is on us to pay attention. We have to be on our toes double-checking and triple-checking statutes constantly.”

Follow Staff Writer Jasmine Gallup on Twitter or send an email to [email protected]. Comment on this story at [email protected].

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