A Spotsylvania County resident is seeking a court order to remove Battlefield District school board candidate James King from the ballot or to have any votes for him in the upcoming election discounted.
Nicholas Potts, a Battlefield resident and registered voter, filed a complaint in Spotsylvania Circuit Court on Sept. 11 seeking a declaratory judgment that King’s physical address is on Turning Leaf Court in the Livingston District and not at N. Danford Street in the Battlefield District, the address he listed when he registered to vote in March.
Potts also named in his complaint Spotsylvania General Registrar Kellie Acors and Virginia State Board of Elections Chair James O’Bannon.
In the filing, Potts noted that multiple background searches identify Turning Leaf Court as King’s address and that the N. Danford Street address belongs to Jeremiah Sims, a member of King’s church, Land of Promise.
Potts’ complaint states that background checks on the N. Danford Street property do not list King as a resident.
According to Virginia law, “each person appointed or elected to a school board shall, at the time of his appointment or election, be a qualified voter and a bona fide resident of the district from which he is selected.” Potts argues that King is not a bona fide resident of the Battlefield.
“Defendant King did not use the Danford Street address for any purpose until shortly before filing candidacy paperwork,” the complaint states. “Upon information and belief, Defendant King has represented to members of the public he continues to reside at the Turning Leaf Court address and is using the Danford Street address in an effort to establish residency in the Battlefield District.”
King is running for the school board seat that is being vacated by 66th District House of Delegates candidate Nicole Cole, a Democrat. Two other candidates, Jennifer Morgan Craig-Ford and Nick Ignacio, are on the ballot as well.
King is endorsed by the Spotsylvania County Democratic Committee. Potts presented as evidence one of Cole’s petitions for signatures to get on the ballot for the house seat. King signed the petition on May 4 with the N. Danford Street address and was followed by Sims’ signature on May 7 at the same address.
In a text message to the Free Press, King wrote that he’s served as a pastor, educator, community leader and advocate for children, teachers and schools for 30 years. He cited his service on community boards and as a chaplain with the sheriff’s office. He wrote he currently resides in the Fox Point subdivision at the N. Danford Street address.
“My voter registration reflects this address, confirming my eligibility to seek office as a representative of this district,” King wrote. “I moved to Fox Point earlier this year for personal reasons and with the intention of running for the school board.”
King said all three of his children are alumni of the school division, and he’s witnessed many challenges the school board faced in recent years.
“I felt a clear calling to run,” he said. “My decision to enter this race is rooted in a genuine and proven commitment to the families, students, parents and educators of Spotsylvania. I believe it is essential that every candidate be accountable to the community they serve, and I take that responsibility seriously.”
King said while he understands questions typically arise during election season, he wants to assure voters that his commitment to the community “is not new or temporary.”
“I have lived here and remain dedicated to ensuring that our schools reflect the values and priorities of our community,” he said.
Acors told the Free Press that she was served the notice about Potts’ complaint on Tuesday. O’Bannon was unavailable for comment.
Acors said that when King registered to vote, he was treated the same as any other voter. She said he displayed proper ID that showed his address.
“He handled it like 110,000 other registered voters have with our locality,” Acors said.
Acors said that since then, King has also updated his mailing address. She noted that when voters register, they sign at the bottom of the registration form that, under penalty of law, the information they provided is correct.
Acors said if the registrar’s office has proof someone is misleading them by using an incorrect address, they could pull personal property records or contact the DMV. She said she did not believe that was necessary with King because he provided identification showing his address.
“At that time, we didn’t have a reason to question it,” she said.
With early voting beginning on Friday and Election Day on Nov. 4, Potts acknowledged that there may not be time to grant his request to remove King from the ballot. He requested that if King cannot be removed, he can be declared ineligible and disqualified as a candidate.
He asked that Acors, the county’s electoral board and the state board of elections be directed to post notices at all polling locations in the Battlefield stating that King was disqualified and that votes cast for him will not be counted or certified.
Potts also requested that notice of King’s disqualification be published prominently on the official websites of the county and state electoral boards.
