Members of the Pasquotank County Board of Elections could have simply said enough is enough and dropped its 5-month pursuit of the residency challenge filed against City Councilor Kirk Rivers. They had reason to. So far, in two appearances before Superior Court judges, Rivers' claim to his 4th Ward council seat has emerged intact.

The first time was in May when Judge Russell Duke reinstated him to the council. A month earlier, City Council had declared Rivers' seat vacant after the elections board had declared Rivers a non-city resident. Duke's order reinstated Rivers on council until his formal appeal of that ruling.

Then Rivers retained his seat once again at the July 9 appeal when Superior Court Judge Alma Hinton remanded the non-residency ruling back to the board, claiming a "substantial deficiency" in the election board's case.

The elections board, which in the last year has dealt with two other election-related challenges, has plenty of other ways to spend its time — especially with what is shaping up to be a busy campaign season this fall. But rather than backing away and getting on with other business, the board is doing what it is entrusted to do by the public.

The board voted 2-1 Wednesday to follow the mandate of Judge Hinton and clear up any deficiencies that influenced the judge's decision. Board members Michelle Aydlett and Betsy Meads voted for a second hearing, now scheduled for late September. The board's other member William Skinner voted against the re-hearing.

The majority view on the board is that more evidence should be gathered to support its position that Rivers vacated his former residence at 512 Magnolia Avenue with no expectation to return there.

To prove that, the board will look back at the original residency challenge brought by 4th Ward resident Richard Gilbert in March. At that hearing Gilbert presented compelling evidence that convinced a majority of members — Aydlett and Meads — that he had, in fact, left the 4th Ward residence and did not plan to return to it. The board ruled, 2-1, for Gilbert, convinced that Rivers did not live in, and thus cannot vote in or represent, the

4th Ward.

During that hearing, in an effort to guarantee fairness, the elections board limited the evidence Gilbert could present, although what he did present was enough in their view to make the case.

Now, as it turns out, Judge Hinton feels the board needs more. Accordingly, the election board should use all means available — subpoena, investigation and other legal tactics — to gather all potential evidence needed to support its case.

Judge Hinton's ruling is in our view a green light that this board, county attorneys and all other resources should be engaged to erase any "deficiency" that may exist in the ruling.

The elections board has dutifully taken that challenge. Similarly, Rivers, his attorney and supporters should use all available means to defend his position.

We agree with Hinton that there should be no deficiency in a ruling as controversial or as precedent-setting to other residency cases that might come up. It is in local residents' interest, as well as in the interest of voters and political candidates statewide, that all legal means be employed to investigate this matter of legal residency and resolved one way or another.