Elizabeth City councilman has 10 days to appeal ruling

ELIZABETH CITY

The Pasquotank County Board of Elections filed an order Wednesday giving City Councilman Kirk Rivers 10 days to appeal its ruling that he no longer lives in the city.

The board also determined that his registration should be changed to reflect an address in the county.

Immediately after last week's ruling, the councilman said he would appeal to Pasquotank County Superior Court, but nothing had been filed with the clerk by Wednesday.

During a two-day hearing, the board heard evidence from Richard D. Gilbert, who submitted a complaint that Rivers no longer lives in the 4th Ward or the city where he is registered.

Rivers was registered at 512 Magnolia St., the 4th Ward home of his parents. He married last year and said he and his wife, Nina, were waiting to move to a house under construction on Hampton Drive in the 4th Ward.

His wife is registered at a Madeline Lane address, outside the city limits, and Gilbert said Rivers is residing there with her and her parents.

Based on evidence and testimony, two of the three board members agreed Gilbert had proved his case.

According to the order filed Wednesday, Rivers is ineligible to remain registered to vote at 512 Magnolia St. and his voter registration card must be corrected to reflect his address on Madeline Lane.

If Rivers files an appeal, the judge must determine whether the board committed any errors in law, according to an e-mail from Bob Joyce of the University of North Carolina School of Government to Pasquotank County Attorney Mike Cox.

Lauren King, (252) 338-2413, lauren.king@pilotonline.com