New Hanover County’s Board of Elections voted on Friday to dismiss an election protest filed this week by a board of commissioners candidate.

Ahead of Friday’s vote canvass, which certifies the results of the Nov. 5 general election, the board of elections voted 3-2 to dismiss a protest filed by Republican incumbent New Hanover County Commissioner Dane Scalise. The filing alleged local election officials did not follow state law in counting some of the county’s absentee and provisional ballots.

The uncounted votes came under scrutiny after the election officials did not include a count of absentee ballots received after Oct. 31 in unofficial election results reported on Election Day. 

According to guidance from the N.C. Board of Elections, all absentee votes received before Election Day should have been counted and included in initial vote totals. The remaining absentee and provisional ballots, which totaled more than 2,000, were counted and added to vote totals by the county board of elections on Thursday. 

Results for local elections shifted slightly following the vote count. However, top candidates in races for the New Hanover County Board of Commissioners and New Hanover County Board of Education remained unchanged. 

On Friday, the local board of elections dismissed Scalise’s protest because officials said it didn’t meet certain standards outlined in state law. It failed, for example, to allege a violation of election laws or an irregularity that would cast doubt on the outcome of the election, some board members said.

Reached on Friday, Scalise declined to comment on the protest dismissal until vote certification is complete and he said he can confer with legal counsel. The vote certification process remained ongoing as of the Business Journal’s publication deadline on Friday afternoon.

Following the absentee and provisional vote count on Thursday, the race remained tight for three seats on the New Hanover County Board of Commissioners. 

Republican incumbent and current board chair Bill Rivenbark remained the top vote-getter, receiving 62,852 or 17.2% of total votes in the updated count. The updated count added 936 votes to Rivenbark’s initial total.

In the count, Democratic candidate Stephanie Walker jumped from third place to become the second-highest vote-getter with 61,539 votes or nearly 16.9% of the total votes. The updated count added 1,233 votes to Walker’s total. Scalise moved from second to the third-highest vote-getter with 61,469 votes or 16.8% of the updated total vote. Scalise gained 910 votes in the updated count. 

Incumbent Democrat Jonathan Barfield remained in fourth place with 61,238 votes or nearly 16.8% of the total. He gained 1,181 votes in the updated count.

Per state statute, candidates can request a recount if race margins are within 1% of the total votes cast for any two candidates. The 231-vote margin between Scalise and Barfield falls into this range. Barfield did not immediately respond to a request for comment on Friday.

The top vote-getters remained unchanged for the New Hanover County Board of Education. 

Following the updated count, Judy Justice, a former school board member from 2018 to 2022, received the highest vote total with 63,920 votes or 17.5% of the vote total. Democratic newcomer Tim Merrick won 62,080 votes or 17% of the total, while Republican newcomer David Perry received 60,982 or 16.7%.  

The margins between Perry and fourth-place vote-getter Democratic candidate Jerry Jones and fifth-place candidate Nikki Bascome would allow for a recount request. All candidates eligible for a recount have until the end of the day on Monday to request one.