The upcoming recount in the closely contested primary between Phil Berger, a leading Senate figure, and Sam Page, Rockingham County Sheriff, has sparked concerns about potential fairness in the process. Page has flagged issues surrounding impartiality, especially pointing to State Auditor Dave Boliek’s involvement.
State Auditor Dave Boliek has been called upon by Page to step aside from the recount oversight. Page raised an eyebrow over Boliek’s presence at a campaign event with Berger, stating, “He was up in my county during the early voting doing a news conference with my opponent at a polling site,” as reported by WRAL. Page argues this constitutes a conflict of interest, urging Boliek to recuse himself.
Responding to these concerns, Boliek remarked, “There’s nothing to recuse myself from,” clarifying that the recount procedures are determined by the appointed board, not the auditor, thus negating any conflict of interest claims.
Phil Berger has held a strong position in the Senate for 15 years and has represented Rockingham County for 25 years, establishing deep connections within various boards and agencies that might influence post-election proceedings.
Some key figures associated with these boards have historical ties to Berger or have previously run against him, including his son, who is a member of the N.C. Supreme Court. Despite this, Sam Page has not commented further on any additional conflicts of interest.
Rockingham County Board of Elections
The Rockingham County Board of Elections is tasked with conducting the recount and reviewing any election challenges. Page secured most of the votes in this area, yet two of the board’s five members have connections to Berger or his family. Another member is a former challenger of Berger.
Chairman Don Powell: Former commissioner and ally of Berger’s son, Kevin. Powell lost his re-election in 2024, partly due to opposition to a casino proposal, an issue Page also campaigned against.
Bert Jones: Previously served alongside Berger in the state legislature.
Wally White: A Democrat who once ran against Berger in a Senate election.
State Board of Elections
The State Board of Elections handles appeals from county boards and oversees election challenges. Recent legislative changes have shifted appointment powers from the governor to the state auditor, ensuring a GOP majority on the board.
Executive Director Sam Hayes: Former counsel to House leaders aligned with Berger. Hayes emphasized his commitment to the law, stating, “There is no need for me to recuse myself because I intend to follow the law, as I have done throughout my tenure.”
Chairman Francis de Luca: Appointed twice by Berger, de Luca has led organizations promoting conservative policies.
Leah Byers, legislative liaison: Previously worked with a top Berger ally in the Senate.
Brian LiVecchi, chief of staff: Formerly chief of staff for the lieutenant governor, who presides over the Senate.
Office of State Auditor
Despite numerous ties to Berger, the auditor’s office insists it plays no role in the election recount process.
Auditor Dave Boliek: Known for campaigning with Berger and past donations, though not in the current election cycle.
Brent Woodcox, chief of staff: Previously a legal advisor to Berger and Senate Republicans.
Dallas Woodhouse, elections liaison: Former executive director of the N.C. Republican Party.
Wesleigh Stout, general counsel: Related to individuals involved in Berger’s campaign.
Randy Brechbiel, communications director: Former spokesperson for Berger in the Senate.
N.C. Supreme Court
Legal challenges may eventually reach the N.C. Supreme Court, where Berger’s son serves. Past cases have seen similar situations reach this level.
Justice Phil Berger Jr.: Serving on the court since 2021, he has previously faced recusal requests concerning cases involving his father but was not deemed in conflict.
Justice Tamara Barringer: A former colleague of Berger in the Senate, she has not recused herself from prior cases concerning him.
