Disqualified Senate candidate’s votes will count in GOP Senate primary

North Carolina election officials will count the votes cast for Margot Dupre in the Republican primary for US Senate, despite the fact that Dupre has been disqualified from the race after a residency challenge.

A court filing Thursday at the North Carolina Supreme Court explained why.

Dupre is asking the state’s highest court to intervene in the State Board of Elections’ decision to disqualify her from seeking the GOP nomination for Senate. She filed a Supreme Court petition after the state Appeals Court ruled against her on Feb. 17.

Lawyers from the North Carolina Department of Justice, representing the elections board, responded Thursday.

“Petitioner is one of seven candidates for U.S. Senate in the March 3, 2026 primary election and is the first name on the ballot for the contest,” state lawyers wrote. “Petitioner’s Request to Stay the State Board’s Decision should be denied as her name will remain on the Republican Party ballot for the March 3, 2026 primary election.”

Based on a challenge to Dupre’s residency from voter Jerry Bryan Reinoehl, the state elections board held a hearing and issued a decision that Dupre “‘has not satisfied the requirements to seek office through a party primary’ and concluded that Petitioner is not eligible to be a candidate for the office of U.S. Senate in North Carolina’s Republican Party primary contest,” Justice Department lawyers explained.

“The injury Petitioner appears to be claiming is her alleged ‘exclusion from a congressional primary’ as a result of the State Board’s Decision,” the court filing continued. “Petitioner further argues that a stay would preserve the status quo.”

“Petitioner is mistaken. She has not been excluded from participation in the Republican Primary because of the State Board’s Decision. Petitioner’s name is on and will remain on the ballot, and votes cast in her favor will be counted,” Justice Department lawyers explained. “Thus, a stay of the State Board’s Decision is not necessary to preserve the status quo as Petitioner contends — Petitioner remains a candidate on the Republican Party ballot for the March 3, 2026 primary election, notwithstanding the State Board’s Decision and Order that she is disqualified as a candidate in the party primary.”

“The reason that Petitioner’s name is on, and will remain on the Republican Party primary ballot, is because the challenge to Petitioner’s candidacy was not resolved before absentee voting began in North Carolina, and there is no law to the contrary,” the court filing continued. “Votes for Petitioner will, therefore, be counted and reported.”

Changing the ballot is “not practical when a candidate is disqualified or otherwise deemed ineligible after voting in the primary election has begun,” Justice Department lawyers added.

“It is not practical at this late stage in the March 3, 2026 primary election to have ballots for the Republican Party primary reprinted,” the court filing continued. “Thus, Petitioner will remain on the ballot. And, in the absence of law instructing otherwise, any votes cast for Petitioner will be counted and reported.”

If Dupre secured the most votes, a state law — N.C.G.S. ß 163-114 — explains how a political party would fill a vacancy created when a nominee “becomes ineligible or disqualified before the date of the ensuing general election.”

This week’s Carolina Journal Poll of likely Republican primary voters showed Dupre with 0.6% support in the seven-person race. Former state and national Republican Party chairman Michael Whatley leads with 38% support, according to the poll.

“Disqualified Senate candidate’s votes will count in GOP Senate primary” was originally published on www.carolinajournal.com.