Winner of Charlotte NC Senate race faces residency challenge that could change outcome

The second-place finisher in a Charlotte N.C. Senate race is challenging the apparent win by one of her opponents.

Lucille Puckett, who ran in the Democratic primary for state Senate District 41, filed a protest Monday with the Mecklenburg County Board of Elections alleging Caleb Theodros did not meet the residency requirements to run in the district. The challenge calls for Theodros to be disqualified as a candidate and removed from contention for the seat.

Her challenge will be presented to the board Friday ahead of its canvas of election results, board spokeswoman Kristin Mavromatis said, “to determine if a hearing is warranted.”

The challenge was first reported by The Charlotte Observer’s news partner WSOC-TV.

Caleb Theodros
Caleb Theodros

Theodros got the most votes among four candidates on Election Day, with 42.9% of ballots cast. Puckett was in second with 31.2%. Kendrick Cunningham and Robert Bruns followed, with 16.5% and 9.4%, respectively.

No Republicans or third-party candidates filed to run in the district. So, the Democratic primary winner will head to Raleigh.

Senate District 41 is currently represented by Democratic Sen. Natasha Marcus, but she opted to run for state insurance commissioner rather than another term in the legislature after she was drawn out by redistricting. The new District 41 stretches from west Charlotte to Plaza Midwood.

Qualifications challenged

In her filing, Puckett claims Theodros has not lived in the district long enough to meet the residency requirement in state law. State statutes say candidates for the North Carolina Senate must “have resided in the state as a citizen for two years and in the district for one year prior to the general election.”

Lucille Puckett
Lucille Puckett

Puckett cites reporting from WSOC-TV, which said Theodros didn’t update his voter registration to an address in District 41 until late November. He previously was registered in Senate District 40 and told WSOC-TV he moved to his current residence in the district in July 2023.

He reiterated that claim to the Observer Wednesday, saying he’s aware of Puckett’s filing and has confidence the Board of Elections “can resolve any concerns effectively.”

“I’m sure that they’re going to put these baseless accusations to rest,” he said.

Theodros first registered to vote in North Carolina in 2012, according to State Board of Elections records. He’s voted in multiple general elections and Democratic primaries — all while registered in Mecklenburg County. He voted by mail in last week’s primary, records show. Before that, he last voted in person in the 2022 general election.

Puckett told the Observer she feels it’s “not normal” if Theodros changed his voter registration twice in 2023. She said it appears he waited until redistricting to pick where he’d live and run for office. She also questioned whether Theodros’ address on file today is his primary residence.

“It’s about transparency,” she said.

Puckett said that she tried to raise alarms before the primary but was told she missed the window to dispute Theodros’ candidacy and would have to wait until after the election.

If the challenge moves to a protest hearing, the county elections board would evaluate evidence, including witness testimony, affidavits and documents, the State Board of Elections says. The county board’s decision can be appealed to the state board and, eventually, N.C. Superior Court.

Puckett said she will appeal if the county board doesn’t find in her favor.

Who are Caleb Theodros and Lucille Puckett?

Theodros is the former chair of the Black Political Caucus of Charlotte-Mecklenburg and a past candidate for Charlotte City Council District 3.

On election night, he called his apparent win “a profound honor” and said he would focus “on crucial issues like mental health, economic development and women’s rights” in the legislature.

Puckett is a previous candidate for Charlotte mayor and the state legislature. She also has leadership experience with the Charlotte Housing Authority Board and NAACP, among other civic groups. Puckett said in her Observer candidate survey she would prioritize addressing “senseless gun violence, low-income housing and economic mobility” if elected.