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Lawyer says Helms' can't run for Concord mayor

By Ben McNeely | Media General

Published: August 7, 2009

CONCORD — A Concord lawyer has filed a challenge to Mike Helms' candidacy for mayor of Concord.

In an affidavit filed with the Cabarrus Board of Elections on July 31, attorney Sam Davis, of Hartsell & Williams, said Helms does not live at the address he gave the board of elections when he filed to run.

A hearing before the Board of Elections has been set for Aug. 20 at 1 p.m. at the elections office.
Davis' affidavit claims Helms changed his address from 7900 Malibu Road, Mount Pleasant, to 578 Main St. S.W., Concord, on Jan. 6. Helms listed the Concord address and a cell phone number when he filed to run for mayor.

The affidavit said the house "does not appear to have utilities and therefore is not suitable for habitation. The house does not appear to have an electric meter and the house does not have electric service."

The deed to the house on Main Street is listed to Michael Edward Helms and Jonathan A. Helms, both of Mount Pleasant. The deed indicates the property was not acquired for habitation, according to the affidavit.

Davis claims in the affidavit Helms doesn't live, and hasn't lived at the Main Street house in Concord, and is ineligible to run for mayor.

"I think if you are going to run for office, you ought to live in the town you want to lead," Davis said. "I don't have anything personal against him. If he lives there and can prove it, that what it's all about."

North Carolina statutes require a candidate to live within the district or municipality where he or she is running for office. Further, state statutes also require that a candidate must abandon a previous house and make the new house their permanent residence or have the intent of making the new house their permanent residence.

Helms said he does live at the house in Concord and that his wife lives at their house on Malibu Road in Mount Pleasant.

"My bed is there, my mail is delivered there, my cars are registered there, my insurance is registered there," Helms said. "He (Davis) can file whatever he wants, I have nothing to hide."

Helms said he has been renovating the house on Main Street in Concord for the past two years and moved into the house in January after someone broke into the house and stole tools. He said he moved in to protect his property.

"I had to replace the door, door stop and all," Helms said.

Helms said he has not received any notice of the challenge or the hearing, because he has been on vacation for the past two weeks.

Helms, a current member of the Cabarrus County Board of Education, lists his Mount Pleasant address and phone number on the board of education Web site. In his previous filing to run for office, he listed his Mount Pleasant address and phone number, according to the affidavit.

Helms is running against incumbent mayor Scott Padgett and challenger Johnny Almond.