[Editor’s note: The piece was updated after press to clarify the withdrawal process, as what the county board of elections provided earlier in the day is different than statutory procedure as allowed by law. It also includes a letter from Jaymes Osborne addressed to the party and community, sent to Port City Daily around 4:30 p.m.]
WILMINGTON — A candidate for the New Hanover County School Board of Education has withdrawn from the race following news he resides with a registered sex offender, who has campaigned for his election. The personal information was never revealed to the county’s Democratic Party until Primary Election Day; it has spurred opposition among its constituency and some elected officials, who called for Southerland to step back despite winning enough votes to campaign for the general election.
Southerland announced his withdrawal on Thursday morning, meaning a different candidate will enter the top fold. According to the New Hanover County Board of Elections, the next person in line would secure the vote if it were a nonpartisan race. However, the school board is partisan, which means the executive committee of the New Hanover County Democratic Party will pick Southerland’s replacement, according to state law.
READ MORE: NHC Democratic Party calls on candidate to withdraw over relationship with sex offender
“Once selected, the party must provide formal certification of the replacement candidate to the county board of elections,” the new county elections director, DeNay Harris, said.
The county first said the party’s selection would have to be turned over to the BOE ahead of the county canvass on Friday, March 13; however, after press it retracted that statement upon further review with its legal counsel. A candidate cannot withdraw after election day and before canvass, the county explained, stating “the applicable statute [NC §163 113] and process for this situation are different” than what was initially believed.
Democratic Party Chair Jill Hopman said she was still working through the procedure Thursday morning and didn’t have updates immediately on who Southerland’s replacement may be. Her goal is to have one chosen by the party’s March 31 convention. Hopman added she was “relieved” by Southerland’s decision to step away.
A newcomer to the political field, Southerland received 15.63% of the vote at Tuesday’s polls, coming in fourth place behind Brittnei LaRue, Wendy Dale and Jerry Jones Jr. Four seats are open on the school board and despite the news about his association with a registered sex offender coming to light, Southerland maintained Wednesday he would remain a candidate.
As noted throughout his campaign, Southerland said he was running for the school board to give back to the community but also unseat Republicans. He acknowledged to Port City Daily Thursday that continuing on this path would be moot to his end goal.
“While I stand by my character and the work I hoped to do for this community, it has become clear that continuing this campaign would overshadow the real conversations our schools deserve,” Southerland wrote. “I entered this race to advocate for students, educators, and families and to bring practical solutions to the challenges facing our schools. Unfortunately, the focus of this campaign has shifted almost entirely to controversy surrounding my personal life and that of a survivor who paid their dues rather than the issues that matter to voters.”
His decision to drop from the race came on the heels of a story WHQR published Wednesday morning that noted Southerland was living with Jaymes Osborne, a registered sex offender who the candidate claimed was “wrongfully convicted” for obtaining images of child pornography. Osborne pleaded guilty to one count of possessing child pornography to receive a less severe sentence five years ago in Virginia, and was sentenced to 36 months in prison and 15 years of probation, as well as put on a national sex offender registry list.
Osborne claimed he was unaware roughly 13,500 images were downloaded to his phone’s memory card, obtained from the Telegram app in an attempt to find video or photo evidence of his own abuse from youth. He detailed to the news outlet he was drugged, kidnapped and sexually assaulted at age 11 or 12 and learned later in life there was media on the internet showcasing the abuse, which he attempted to retrieve.
Both Osborne and Southerland live together at the same address and told WHQR they both faced abuse in childhood as well. Southerland said the traumatic experience was part of his inspiration to campaign for the safety of children in hopes the district could receive more resources in schools and help victims.
The pushback
The New Hanover County Democratic Party promptly responded to the unfolding information and asked Southerland to step down Wednesday. Many voters and advocates began pushing back against his strategy to remain a candidate. So have elected officials and even his campaign challengers.
New Hanover Commissioner Stephanie Walker wrote Southerland’s “intentional non-disclosure of this information disqualifies him as a candidate,” but also shows a wanton disregard for a school district steeped in a history of sexual abuse scandals, which requires a rebuilding of trust.
“As a child survivor of sexual assault, I unequivocally condemn sexual abuse and exploitation in all forms, especially toward children,” she added. “Child advocacy is one of the primary reasons that I first sought public office and continues to guide my decision as a steward of this community.”
House District 18 Rep. Deb Butler, representing New Hanover County, also issued a statement on Wednesday, noting anyone running to be an elected official must understand the importance of trust and accept responsibility to put their best foot forward in the interest of constituents.
“You cannot earn the faith and trust of a community without transparency and good judgment,” she wrote. “Sadly, Mr. Southerland exercised neither when he failed to disclose his relationship with a convicted sex offender. That was a material fact that he intentionally withheld from the voters of New Hanover County. In my opinion, that disqualifies him from public service and I support the Democratic Party’s position calling upon him to withdraw. I urge him to do so at once.”
Southerland acknowledged Thursday in his withdrawal announcement he should have addressed his and Osborne’s living situation “outright” and with more transparency: “For that, I take responsibility.”
However, he also maintained a position of approaching the situation with “fairness and consistency,” saying it raises questions about how sensitive situations are handled in political culture. Southerland explained to WHQR Wednesday he didn’t think he needed to disclose information about someone else’s personal history when he was the one in the race; Southerland chalked it up to naivete as a first-time candidate.
While he apologized, he also took issue with people often being outspoken in favor of rehabilitation but not being more forgiving of circumstances surrounding this particular case.
“Our society often speaks about rehabilitation, compassion, and second chances,” Southerland wrote Thursday. “Yet when those principles intersect with politics, they are sometimes set aside in favor of public pressure and political calculation.”
After press Thursday, Osborne sent a letter to Port City Daily that is addressed to the party and the community. He commended Southerland for hearing his story, treating him with dignity and support, and helping him along on a journey that has also included years of therapy.
“I want to be clear about something important: the label of ‘sex offender’ does not automatically define someone as a predator,” Osborne wrote. “That distinction matters. It certainly matters to me, because it does not reflect who I am and I refuse to allow anyone to feel emboldened to associate my existence as such. I am a survivor of trafficking.”
His letter can be read in full here.
The Democratic Party stated Wednesday it supported “survivors of sexual abuse, particularly women and children.” But it also considered Southerland’s nondisclosure a hard misstep.
“In our school district, with its very dark and regrettable past, these crimes hit far too close to home,” the county party detailed in a statement.
Just last week the school board approved another settlement agreement in a civil case against former teacher Michael Kelly, convicted of sexual exploitation and indecent liberties with students.
In addition to living together, Southerland and Osborne worked together at PTPT Studio, with Southerland serving as dean of performing arts and Osborne as a teaching artist. The training program works with youth and adults in various classes and performance opportunities.
As part of Osborne’s sentence, he is “prohibited from engaging in employment or volunteer services that allow him access to computers or minors,” WHQR reported. His association with the school was scraped from the website Wednesday. By that evening, Southerland also was no longer working there, according to artistic director of PTPT, Emilia Torello.
Torello confirmed with Port City Daily on Wednesday evening both Southerland and Osborne are no longer affiliated with the studio or its apprentice theater program.
“Out of respect for all involved, we will not be commenting further on this matter,” she wrote in a text message.
What’s next?
Southerland told Port City Daily he would turn over his withdrawal paperwork to the county board of elections by the weekend. It has to be notarized and submitted in writing to become official.
“In practical terms, a candidate’s intent to withdraw at this stage is not legally effective until after the election results are canvassed and the candidate is officially declared elected,” New Hanover County Board of Elections spokesperson Kristen Daley wrote in followup email after press.
The New Hanover County Board of Elections will proceed with the normal canvass process on March 13, counting and certifying all results “as they appear in the election, without regard to the candidate’s stated intent to withdraw.”
Should Southerland still have the fourth-place spot and is declared elected, he can then opt to resign.
While Southerland had the least percentage of the top candidates in both races, at 15.63%, his 10,380 votes were still more than the top Republican vote-getter, Pat Bradford, who received 8,335 votes (or 22.61% of Republican voters).
The four Democratic school board candidates secured more overall votes — 48,346 — than the Republicans; Pat Bradford, Josie Barnhart, Amy Dunning and Chris Sutton received 30,148 collectively. However, only 16% of the voting population out of 184,000 registered voters turned out during the primary. There is likely to be more voters come November, as the formal 2022 midterm elections had a 52.41% turnout rate in New Hanover County, with around 94,300 voters casting ballots.
Democrat Brittnei LaRue was the top vote-getter of both races in this year’s school board primary, at 22.17%.
Behind Southerland, Margie Gewirtzman came in fifth place with 9,364 votes and in last place for the Democrats was Nelson Beaulieu, at 8,715. Beaulieu also spoke out Wednesday about the situation.
A history and political science professor at Cape Fear Community College and former school board member, Beaulieu wrote on social media he supported the Democratic committee selecting someone new. More so, he said if Southerland continued his campaign, Beaulieu would not support it at the polls.
“And I’ve never failed to vote for a Democratic candidate,” Beaulieu said. “He can’t win, but infinitely more important … he shouldn’t win.”
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