A 4th Ward voter said he welcomes the NAACP's call for a federal investigation of his challenge of 18 college students' right to vote in last fall's city elections.

"I would be more than glad for the Department of Justice to come in and investigate how they establish residency in a temporary dorm," Richard Gilbert said.

File photo by Justin Falls (ENLARGE)

Richard Gilbert (left) sits alongside Holly Koerber in Pasquotank County's Courthouse in courtroom 'C' in Elizabeth City before the start of a residency challenge initiated by Gilbert against City Councilman Kirk Rivers March 18.

At issue is the Pasquotank and state NAACP chapters' request for an inquiry by the U.S. Justice Department's Civil Rights Division into whether Gilbert's challenge of votes by Elizabeth City State University students violated civil rights laws.

Gilbert contested 18 ECSU students' right to vote in the Oct. 9 city elections, claiming they weren't eligible to cast ballots because they hadn't established legal residency in Elizabeth City.

The Rev. William Barber, president of the North Carolina NAACP, and Keith Rivers, president of the Pasquotank County NAACP chapter, both said last week that the Pasquotank Board of Elections should have summarily dismissed Gilbert's challenge, but didn't. As a result, the ECSU students, who are African-American, felt "intimidated and harassed" by Gilbert's challenge, something that shouldn't have been allowed to happen under the Voting Rights Act of 1965, Barber said.

But Michele Aydlett, chairwoman of the board of elections, said this week that the board couldn't just dismiss Gilbert's complaint without giving it preliminary consideration.

"We are required by law to hold preliminary consideration for a challenge," Aydlett said. "It cannot be arbitrarily dismissed without consideration."

Aydlett noted that the board dismissed Gilbert's complaint because he failed to show probable cause that what he had alleged had affected the 4th Ward election's outcome. The board also dismissed the complaint because it was filed after the proper deadline, she said.

Gilbert appealed the local board's decision to the State Board of Elections, but then dropped his appeal prior to his hearing date.

Gilbert said he dropped the complaint because it was holding up the seating of Volanda Watts, one of the winners of the 4th Ward election.

"I didn't want to hold up ... Mrs. Watts, who is black, from taking her seat on council," Gilbert said.

Gilbert's wife Ramona had also been a candidate in that election, finishing fourth in the voting for two council seats.

Barber alleged that Gilbert's complaint had caused 18 African-American students who legally voted to be summoned to prove their residency.

But Gilbert said he didn't know the race of any of the students when he filed his complaint.

"I didn't know if they were black or white — I just knew they lived in temporary dorms," he said.

Aydlett said the ECSU students were notified that they were named in Gilbert's complaint, but none were summoned or subpoenaed to attend the hearing.

"We want all registered voters to be able to vote," Aydlett said.

She also pointed out that Bob Hall, director of the nonpartisan group that helped to write the law designed to encourage students to register and vote, attended the elections board meeting where Gilbert's challenge was dismissed. Minutes from that meeting show Hall supported the board's handling of Gilbert's challenge of the student voters' residency, she said.

Barber also suggested that a separate voter residency challenge filed by Gilbert that resulted in Kirk Rivers losing his city council seat was also racially motivated. He said the NAACP wanted federal authorities to investigate that challenge as well, because it could tip the racial balance on city council.

Gilbert said Barber's complaint is without merit.

"It's nothing more than intimidation for a brother who loses his council seat," said Gilbert, noting that local NAACP President Keith Rivers is Kirk Rivers' brother.

Kirk Rivers has appealed the local elections board's decision that he is not a city resident to Superior Court. A hearing on the appeal has been scheduled for Monday.