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being undertaken, the Cabarrus Election Board conducted a <br />preliminary hearing upon the referendum complaints. The Board <br />dismissed 127 complaints (either because they were considered <br />frivolous or pertained to other complaints being heard), but <br />found probable cause on 27 complaints. The Board scheduled a <br />hearing upon the 27 complaints and the audit/reconciliation for <br />Monday, June 13, 1994 at 9 o'clock a.m. This date was determined <br />so staff could complete the audit/reconciliation, paperwork, <br />investigations, subpoenas, etc. and to also prepare for the May <br />31, 1994 2nd Primary. <br /> <br />5. On Friday, June I0, 1994 the attorneys for both sides along <br />with the Cabarrus County Board of Elections attorney conducted a <br />preheating conference, reviewed procedures for the hearing, <br />exchanged all documentation and identified potential witnesses. <br /> <br />6. Before the local hearing, the Cabarrus Board's attorney, <br />Fletcher Hartsell, was advised by the State Board of Elections <br />administrative office and the Attorney Generals office to the <br />effect that "any verified number of ineligible voters found in <br />excess of the margin of the vote was sufficient and appropriate <br />to recommend a new referendum and that such a Cabarrus Board <br />recommendation, unencumbered with the additional matters involved <br />in the remaining issues, would serve as the "cleanest" record and <br />clearest recommendation and action." The State Board staff also <br />expressly advised that it was inappropriate to ask voters how <br /> <br /> <br />