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16. On Monday August 1, 1994, the Cabarrus County Board of <br />Elections met to discuss certification. To comply with the North <br />Carolina Election Laws, the local Board felt it still needed <br />guidance from the State Board of Elections on the specific issues <br />in order to accurately carry out their legal duties and the State <br />Board's wishes (especially since the local Board had still <br />received no formal written notification from the State Board <br />since its June 22, 1994 order). The Cabarrus Board faxed to the <br />State Board of Elections its letter of intent and asked for <br />guidance from the State Board in 3 specific areas. <br /> <br />17. On Tuesday, August 2, 1994 at 4:20 P.M., Gary Bartlett, <br />Executive/Secretary Director, without answering the questions, <br />issued a directive to "Certify Immediately the recount results <br />for the election for the City of Concord Mixed Beverage <br />Referendum. The Cabarrus County Board of Elections has no <br />discretion to delay certification and cannot place conditions of <br />certifying the election." <br /> <br /> The Cabarrus County Board of Elections never presumed to <br />place conditions on the State Board of Elections but rather to <br />receive direction and guidance about how to proceed. It is <br />standard procedure for County Election Boards in North Carolina <br />to receive guidance from the State Board in all technical and <br />complicated matters. This guidance or clarification is normally <br />in the form of a written opinion from the State Board or the <br />Attorney General's office. When communication is delivered in <br />this manner there is no chance of misinterpretation of wishes, <br /> <br /> <br />