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C.H. Presley's Declaration of candidacy Form he filled
out, top, and information submitted to the state by
Willie Mae Kilgore.

Former Commissioner Questions 'New' Name on Ballot

From staff reports

A local candidate running for a constitutional office is questioning why his name is different on the 2007 ballot from what he initially registered on his candidacy forms.

C.H. Presley Jr., who is running as an independent for the Commissioner of the Revenue position, referenced his name change at last week's "Meet the Candidates" Forum, sponsored by the Scott County Chamber of Commerce and the Scott County Virginia Star but few realized the significance of his words.

Presley's name has appeared on the ballot for the past four General Elections as "C.H. Presley Jr." but on the Nov. 6 ballot the name has been changed to "Clyde H. Presley Jr."

And Presley is demanding answers and action from local election officials and the State Board of Elections.

"I believe this is a deliberate attempt to harm my candidacy," Presley stated. "Willie [Mae Kilgore] has known me from day 1 as C.H. Presley. When she was fighting to keep her job, my dad, Clyde and I gave her money to help her cause.

"I have been C.H. Presley Jr. on the last four ballots. In my humble opinion, this is an effort by her to cause confusion at the polling place - enough confusion to make sure I'm not elected.

"I further believe that if this was an unfortunate mistake and if she was sincere then a half page ad should be run."

Candidates spend millions of dollars to ensure name recognition. Name recognition is considered an important factor in elections, as candidates with low name recognition are unlikely to receive votes from people who only casually follow politics.

It is also considered a major obstacle for challengers hoping to defeat incumbents. The fact that they are already in office, and have usually already won an election, gives incumbents an inherent name recognition advantage over most challengers.

According to the candidate, he initially wrote his name as "C.H. Presley Jr." on the declaration of candidacy form he completed April 6, 2007 that is required by the State Board of Elections. But somewhere along the line, his name was changed to "Clyde H. Presley Jr." on forms sent into the agency and will appear that way on the Nov. 6 ballot.

Presley, who has served 12 years as Scott County Commissioner of the Revenue, was defeated for his position in 2003. During each of those previous elections, his name appeared as "C.H." on the ballot. He discovered his new "identity" Oct. 12 when he was in the Scott County Registrar's office and noticed a sample ballot on the wall with the new name listed.

"After I saw the sample ballot in the registrar's office, I questioned Willie Mae Kilgore (Scott County Registrar) about it and she claimed the state had deemed the name that way," Presley said. "I told her then that I hoped I didn't fill out my declaration form incorrectly."

The incident continued to haunt Presley, who asked for a copy of his original candidate declaration form on Oct. 16, which listed his name to appear on the ballot as "C.H. Presley Jr."

Presley said he asked Kilgore what she could do about the incorrect name on the ballot and was told it was too late to change his name. He added that Kilgore said the mistake was the fault of the state. Presley said later she blamed the mix-up on a computer error and then claimed there were two files containing Presley's information.

The candidate took matters into his own hands and called the toll-free number of the State Board of Elections office in Richmond that was printed on the candidacy declaration paperwork. As an experienced candidate - the 2007 election is his fifth time on the ballot, Presley had never called the SBE before. But this time, he wanted some answers.

After talking to Matt Abell, Assistant Manger of the Election Services Division, who agreed Presley was correct that his name was listed wrong on the ballot; he was referred to Barbara Cockrell. Presley talked with Cockrell, who immediately told him he was absolutely entitled to be on the ballot as "C.H." and that he had a reason to contest the election results.

Cockrell confirmed that the report filed on June 19, 2007 in accordance with Virginia Code that required it be received by 5 p.m. on June 20 in the Richmond offices was not computer generated but was hand written. A copy of the SBE form 612 is signed by the registrar and dated June 18, 2007 and also signed by the secretary of the Scott County Electoral Board, Charles Sluss, and dated June 19, 2007.

Presley's name is written as "Clyde H. Presley Jr." on the form. According to the candidate, the registrar was advised to "make it right" for Presley and she submitted a request to this newspaper to publish a 2 x 7 ad with the authorization of the Scott County Electoral Board. SBE officials explained that the ballot cannot be changed because absentee voting is already underway.

Under state law, all ballots (sample, machine, etc.) must contain the same information. Cockrell told Presley that form SBE 612 was completed by Kilgore and that any information given to the State Board of Elections came from local sources.

Form SBE 612 is the official notification of all candidates verified by the local electoral board and certified by the registrar to be placed on the ballot. Presley also stated that the registrar has become too involved in local politics. A notion that was reaffirmed when Kilgore told him the local governing body, the Scott County Board of Supervisors, needed to be changed.

Kilgore referred all questions to her attorney, Terry Kilgore, who was contacted by Presley yesterday morning but didn't speak directly to him. Kilgore son's, Terry, is also on the Nov. 6 ballot, seeking another term as the First Legislative District Delegate.

On Nov. 6, C.H. Presley Jr., who has been called C.H. since birth, will be running for his former position under a new name, Clyde H. Presley Jr. He is considering taking additional action.

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