Election Board Rules Unanimously On School Board Candidacy Challenge

SMITHFIELD – Following a three hour candidate challenge hearing today (Wednesday), the Johnston County Board of Elections voted 4-to-0 to deny a request to keep David Marshburn off the ballot for the Johnston County Board of Education.

Incumbent school board member Ronald Johnson filed a formal complaint on December 19, 2023 challenging Marshburn’s residency.

Starting in 2024, school board members must be elected by residency district. Johnson filed for reelection in the newly-formed District 7. Three challengers also filed for the seat, David Marshburn, Jeff Sullivan, and Sam Solmonson, before the December 15, 2023 deadline.

The following week, Mr. Johnson filed a challenge to Mr. Marshburn’s residency in District 7. He claimed Marshburn lived at 2095 Twin Acres Road, Clayton, in District 5, not at 708 S. Robertson Street, in District 7, as listed on his candidate filing form.

Johnson was represented by Clayton attorney Allen Tew. Marshburn retained attorney Jack O’Hale of Smithfield.

Marshburn testified he previously lived at 207 N. Third Street in Smithfield. On December 7, 2023 he contacted a Clayton property owner to rent a house at 708 S. Robertston Street. The $800 a month lease was signed on December 13, 2023, the same date Marshburn filed for District 7.

Marshburn testified his NC driver’s license reflected the 207 N. Third Street, Smithfield address the day he filed for school board, but he applied for a new license with the Robertson Street address. He stated he has not received the updated license from NCDMV.

Prior to moving to 708 S. Robertson Street, Marshburn stated he had the power turned on but requested the water not be connected. Somehow, water was turned on to the house. Due to burst water pipes, part of the home flooded, and he had to make over $4,000 in repairs before he could complete his move in. He testified he received a low monthly rent of $800 in exchange for being responsible, as a tenant, for all upkeep and repairs.

In sworn testimony, Mr. Marshburn stated his wife resides at 2095 Twin Acres Road. He stated his personal mail is sent to that address because he is busy with private investigation work, and his wife handles his personal correspondence.

Although his name is on the deed at 2095 Twin Acres Road, Marsbhurn stated he and his wife have lived apart for several years. He said there were personal reasons why, and that it has worked for them for years. “We have a separate living situation.”

Marshburn said his mother was a school teacher in Clayton for 30 years and he wanted to represent Clayton on the school board, saying the school board currently has no good representation in District 7, referring to Mr. Johnson the incumbent.

After hearing testimony from both sides, and reviewing written and video evidence, the election board voted unanimously to allow Mashburn’s name to remain on the March 5 primary ballot, upholding his residency on S. Robertson Street in District 7.

“We are grateful that the Board carefully considered the evidence and applied the applicable law,” Attorney O’Hale said after the hearing.

Mr. Johnson has the option to appeal the decision to the NC State Board of Elections within two days.

24 COMMENTS

    • Can the local GOP actually do a background check on these canidates and put together a another voter guide this time that excludes the likes of a liberal progressive the likes of Terri “Judas” Tippett? The powers to be at the local Johnston County GOP should have the energy and the political care for these parents and students, and cleanse the school board of these liberal progressive democrats that are hell bent in destroying your children with any means they can get thier hands on!

  1. DM is full of it! Do you know that the person he is so called renting from is a close, personal friend that’s involved in real estate, Mr. Lipscomb? The lease is probably just for “show”. Friends tend to look out for one another, get my drift? And the person he brought to the hearing that he “hired” to do some work at his rental is a close personal friend as well, Mr. Earp. DM’s “HOME” is on Twin Acres. Period. DM isn’t going to dump money in a rental house as he stated for “cheaper” rent. Yet, prior to today he made a comment that he was paying out tons more money on the rental than he spent playing poker. So, which one is it? Can’t even keep up with your own blubbering mouth. That “crap” about not living with his wife is super comical because she has Crohn’s Disease is a pretty crappy excuse! She’s had Crohns for years. Funny you two decide the same month you want to run against RL for BOE that her disease should cause a separation in your living arrangements. PLEASE!!! His bail bond office and private investigations office is on 3rd Street and has been since 2009. He has not “lived” there. It is an office that is also a house, so yes, it has kitchen and bathroom facilities, I’m sure. Curious…..is that office zoned for commercial or residential? He changes his driver’s license and so-called residence depending on what escapade he has going on at the time, like running for Sheriff and now BOE. You want to be on our BOE? What lessons are you even teaching your own son, lie and manipulate to get what you want out of life? Shame on you! I surely wouldn’t want you around my children or have a say in their education! I watched you twitch today when you would lie. I’m not even a PI and saw the signs. But guess what DM, you keep professing how much of a Christian you are, but GOD knows the truth! You aren’t fooling him!!!

    • Wow. If you knew all that, why wouldn’t they let you be on the Board?

      Alas, it’s over for little Ronnie.

  2. There is no doubt the fix is in and they are not even trying to hide it. Between Ronald exposing them and disrupting the business as usual routine, they will make certain their guy wins. Not a coincidence who Kay Carroll retained during a publicity stunt when he decided to run again. I’m sure just dumb luck that the same attorney spent several years on the school board. So not only do they remove the roadblock to unfettered power but they will get their much desired revenge.

  3. Wow, it doesn’t appear he proved he was a resident at the new address. In fact, he clearly stated he was not living there because of the water damage and has not lived there since “renting”. How has he established residency?

    • All you need is a utility bill with your name on it, to say that you legally live there. Your driver’s license doesn’t even have to match.

  4. He has a signed lease and changed his driver’s license. If he’s registerd to vote at the new address, I don’t see thr issue. Letting the government further dictate what constitutes residency is a bridge too fat. All you Snowflakes who want to expand government control need to look at Europe — you’re pushing is closer and closer to SOCIALism. #LiveFree

    • If I changed my address to where you live, that does not establish residency. The government has already dictated what constitutes residency in almost any electable office. You sound ignorant.

      • @James: For you to change your address to where I live and get a new driver’s license, you have to provide some proof to thr DMV (such as utility bill or lease agreement ) first. #whosIgnorantNow

  5. Where can I find house in Clayton for $800 a month? Asking for all the lower income people in Joco where the average rent in the countryside is close to $1000….

  6. Lol Ronald just quit crying McDonald is hiring bud Booted off the police force now about to loose your seat. Adios Amigo Can I get a double cheeseburger with no pickle a small fry and a medium sweet tea. Keep the change

  7. FYI. The JoCo GOP has NO say in who runs for an elected office. As stated in its rules, The Party does not endorse any candidate in the Primary election in March.

  8. You don’t want that joke of a man running for school board. Did you know hes not a fan of military or any LGBTQ people? I attended classes with him and I personally despise him. The only reason he has his name sake is because of the Kelly Bordeaux case. That’s it. Stay out of politics DM. You have zero background in it or anything else.

  9. Well, our school board has been worthy of a reality show for a while now anyway, might as well shrug and smh at hearing some doof hired the right small town lawyer and got what he wanted. Yawn. That’s not news.
    DM is exactly what the school board needs to class up the place. My apologies, there is no font for thick sarcasm.
    He’s a great candidate if we’re looking for families to pull kids out and direct their funds toward home or private school.
    A friend introduced me to his cute little YouTube Joco java, I think. He rambles and gossips like an old hen. He doesn’t know the difference between socialism and socializing (that part of his little youtube cast made me lol) but sure, let’s give him a lot of attention. That’s all he wants. It’s not about the kids. God bless him, though. I don’t wish anything but good….and maybe that he’d actually run for bettering the schools for kids, not using his overpowering extremist political rants to compensate for whatever he obviously lacks at whatever address he lives, or doesn’t live.

  10. We need a board of education without any appearance of wrong doing, partisanship and cronyism. Unfortunately, Mr. Marshburn comes with baggage. The whole board needs to go…all of them. They are supposed to act as a unified body of citizens concerned for the education of the children. This board is too partisan, too political and too self indulgent. Many have disappointed me. Tippett,Andrews and Carroll not to mention the others. Demand better Joco. Let your voices be heard.

    • Wake up and smell modern politics. Baggage means nothing. From the highest office to the lowest we are doomed.

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