On December 10, 2015, the Durham County Board of Elections held a Voter Challenge Hearing. The following is a report on the event.
Please note that neither SilenceDogood2010, nor Mr. Goswick has any vendetta, nor do we wish any ill will toward Ms. Gonzalez. The purpose of this write-up is for information only.
“The Back Story: On October 29, 2015, several protesters were arrested for Blocking Traffic & Resisting an Officer. They were protesting a new law that forbids Sanctuary Cities in NC & makes Law Enforcement enforce our current Immigration Laws.
One of those protesters happens to state she lives very close to me and I discovered that she gave the Magistrate (on the arrest documents) an ‘Address’ that was out of State. Then I discover that she has voted in our local election. She Voted on Saturday October 31, 2015. Less than 48 hours after she claimed to the Magistrate that she lived out of state, yet she claims to the Durham County Board of Elections (BoE) that she lives here in the State of NC.”
Mr. Goswick provided me (SD2010) with his 1st hand account of the proceedings, and is quoted below:
The hearing started at 5pm at the Durham County BoE office. My statement, and my evidence, had already been presented to the ‘Board’ when I filed my ‘Challenge’ on November 6, 2015. The evidence consisted of copies of 2 Wake County Arrest Documents. These documents revealed that Ms. Gonzalez had presented herself to the Wake County Magistrate as living in Miami, Florida.
Ms. Gonzalez had ‘Lawyered Up’ — She had George Eppsteiner arguing her case. She also had Ms. Anita Earls at her counsel table. Ms. Earls never spoke during the hearing nor did she present any evidence. I guess she was there ONLY if they needed a ‘Big Dog’ to help in the fight. For those of you not familiar with these two lawyers, they are both from the Southern Coalition for Social Justice activist group. You can read their bios here.
Mr. Eppsteiner immediately moved to ‘DISMISS’ the case altogether. His reason was that the presented evidence, my evidence of the ‘Magistrate’s Documents’ — were “Hearsay”. I, Mr. Goswick, stated that they were copies of a public record of Ms. Gonzalez arrest less than 48 hours before she cast a ballot here in Durham County on October 31, 2015. And that the documents showed she presented herself to the Magistrate as living in Florida.
William J. Brian, Jr., the presiding Chairman of the Board of Elections agreed with me. He was also the one presiding over the hearing. Dawn Braxton was also on the board that evening. Ms. Margaret Griffin, the 2nd Republican member of the board was NOT in attendance that evening. I do not know why Griffin was not there. Mr. Brian is the other republican on the board and he is the chairman.
[ Side Note: Each of NC’s 100 counties has a BoE that consists of 3 members. 2 of those members follow the party that occupys the Governor’s Mansion. 2013 marked the 1st time that the BoE has had a Republican majority since 1993. There has only been 3 Republican Governors in NC since 1901. James E. Holshouser, Jr. (January 5, 1973 – January 8, 1977); James G. Martin (January 5, 1985 – January 9, 1993); and now we have Pat McCrory (January 5, 2013 – present) ]
Mr. Brian rejected Eppsteiner’s motion to dismiss.
Now, at this point, I am quite a bit out of my comfort zone and I’m feeling a bit overwhelmed. I glance behind me at the gallery and see the likes of Bob Hall, Executive Director of Democracy NC, in attendance. I am all alone at my ‘Counsel Table’ and feel as though I’m a gladiator about to be eaten by the lions. I am NOT a trained litigator, nor an attorney, but I do have common sense and know ‘Right from Wrong’.
Mr. Eppsteiner proceeds to submit a sworn affidavit to the board as one of his ‘Exhibits’
To view a Larger image of the above affidavit, you can find them at this link;
As the challenger, I was never presented this info until I requested it on the afternoon of the hearing, December 10, 2015. I wasn’t even aware that there had been ANY response from Gonzalez or her counsel. I called Mr. Perry earlier on December 10th just to make sure that the hearing had not been postponed. It was at this point, and AFTER I asked him if there had been any response from Gonzalez, that he informed me of her affidavit. I requested he send that to me via email. One would think that the local BoE would provide that info to all parties in a timely manner after they received it — One would be incorrect.
Mr. Eppsteiner continued to enter into evidence things like Ms. Gonzalez’s Gas Bill, Rental Lease, Electric Bill, Bank statement, etc as proof of her residing at her stated Durham address. The address she had supplied to the Durham County BoE. Eppsteiner even produced a photo copy of her passport & then he supplied a photocopy of her Social Security Card – at this point I knew the BoE was going to side in her favor — but I went ahead and objected to the Social Security Card as evidence because it wasn’t relevant to the issue at hand. Any Tom, Dick, or Muhammed can get a social security card nowadays. You do not even have to be a citizen to get one. My objection was sustained on this particular point.
When I had my turn to cross examine Ms. Gonzalez, I reminded her that she had just stated, under oath, that she supplied the Wake County Courts, in May of 2013, her address in Miami. I then submitted online images of the “Tax Records” from Miami-Dade County Tax Collector showing that the said property had been foreclosed upon. Foreclosed on before her arrest in 2013. These tax records showed that the BANK had paid the property taxes on the address in December of 2012. The point I was making was that she had given a false address to the Wake County Magistrate back in 2013 also. And that she had just a few minutes earlier, provided a false statement to the BoE. This seemed to go over the heads of the Election Board and I was reminded that THIS HEARING was about her Current Residency, and not about perjury or false statements to other Government Agencies.
In hindsight, I should have really pressed the fact that, in my opinion she committed perjury, during the BoE hearing, and that action is Criminal, but I let it go at that point.
The Board ruled to ‘Dismiss’ my challenge against her vote on November 3rd during the municipal elections.
SD2010 – I would like to thank Mr. Goswick for coming forth publicly to tell his story. Conservatives have an uphill battle that we must fight if we are to regain our Republic.
Respectfully submitted by SilenceDogood2010 this Twelfth Day of December in the Year of our Lord, Two Thousand and Fifteen.