PENDER COUNTY — The North Carolina GOP has resolved a challenge to Beth Burns’ recommended appointment to the Pender County Board of Commissioners. A complaint was submitted to the state GOP by Pender County Board of Commissioners Chairman Randy Burton on Friday, Aug. 28.
According to a document shared by the Pender County GOP, Burton submitted a question to the North Carolina Republican Party asking if a spouse is barred from voting for their partner in the GOP Executive Committee appointment. Burns and Shayne Frey — the latter of whom won the primary earlier this year for the commissioner District 1 Republican nomination — both nominated themselves to take over Brad George’s seat after he resigned Aug. 1.
Burns won the appointment by one vote, and her husband, Jim Burns, is on the GOP executive committee that voted for George’s replacement.
READ MORE: Pender school board member to resign contingent on her commissioner appointment
ALSO: One vote decided the GOP nomination to fill vacant Pender commissioner seat
The executive committee consists of the immediate past county chair, the county finance chair, one member from each of the affiliated Republican organizations identified in the North Carolina Republican Plan of Organization and any elected officials a part of the Republican Party that reside in Pender County — including members of the board of commissioners and school board. Jim Burns is on it, as he also serves as the soil and water supervisor; he was one of 29 voting members present the night of the Aug. 20 meeting where secret ballots were issued for the executive committee members to vote.
Beth Burns declined to comment about the complaint, saying she would like to allow the process to play out and see what happens at the Sept. 8 commissioners meeting.
Pender County GOP President Joshua Smith told Port City Daily Monday he was made aware of Burton’s complaint Friday at 4 p.m. — eight days after the initial vote to recommend Burns.
In the complaint, Burton pointed to Article V.A.2.e of the Pender County GOP Plan of Organization — which is the local party’s internal governing document including procedures for voting, meetings and vacancies. Plans must be readopted or amended annually.
The article states any member with a “personal interest in the outcome of any vote” cannot participate in any meeting where the vote is being discussed or otherwise acted on. The county GOP interpreted this to mean the people in the race cannot vote; on Aug. 20, both Frey and Burns were recused from casting ballots.
The North Carolina Republican Party investigated Burton’s complaint and found no violations, noting the county also followed the state’s plan of organization.
The State GOP policy says counties have until Dec. 31 to revise plans to be in compliance with the state GOP’s Plan of Organization. Because the county adopted its 2026 organization plan months before the state adopted its own, it is assumed the plans may not be consistent with one another — meaning the county plan needs to be amended. Per the state GOP, until a county updates its plan to be in compliance, the county works under the state’s framework.
The state plan does not include a provision regarding voting recusals.
Port City Daily asked Smith if he thought Burton’s inquiry was an ethical issue since it was a commissioner challenging a commissioner appointment.
“I feel that anybody should be able to challenge any decision. I’m all for that, so I do not feel there’s a conflict of interest,” Smith responded.
Burton did not respond to Port City Daily by press.
Smith hopes there are no additional challenges. It’s the second roadblock to Burns’ appointment — the first came two days after her recommendation by the executive committee. The state GOP informed Burns she could not serve on the school board while also acting as a commissioner.
Smith said he had cleared Burns’ ability to serve on both boards with the county board of elections — who, according to Smith, had cleared it with the state. The Pender GOP cited North Carolina state statute 128-1.1, which specifies someone cannot hold two elected positions at once; it also indicates an elected official can hold one elected position and be appointed to another. Technically, Burns was appointed to the board of commissioners by the executive committee.
“Beth Burns actually reached out to the state board of elections herself to ask the question,” Smith said. “I believe a good two weeks prior to this, she actually got a response from them two days after the executive committee meeting, saying that there was a problem, and I think that’s what sparked the conversation with the North Carolina Republican Party.”
The process to fill the vacancy on the school board will commence once Burns is sworn in to the commissioners, starting with Smith sending out a 10 day notice for an executive committee meeting.
Smith is unsure if an actual complaint was filed regarding holding the school board and commissioner positions in tandem and has requested documentation.
But Smith expects Burns to be sworn in at the Sept. 8 Pender County Board of Commissioners meeting.
“You know, dragging this out into the media for the next three, six, nine, weeks is not going to be helpful for our Republican candidate on the ticket in November,” Smith said.
Frey will face off against Democratic challenger and former Topsail Beach commissioner Tim Zizack in the November election. The winner will take over from Burns at that time.
Have tips or comments for Sophia DePhillips? Email [email protected]
At Port City Daily, we aim to keep locals informed on top-of-mind news facing the tri-county region. To support our work and help us reach more people in 2026, please, consider helping one of two ways: Subscribe here or make a one-time contribution here.
