[8/21/03]Whether Kenneth Downs’ name will appear on November ballots in District 1 is to be decided by next week, the county election-commission chairman said.

Downs, 39, filed to run for supervisor in District 1 as an independent, but a question about his residency arose. Candidates must live in the districts they represent.

“We had a meeting Friday and we were going to decide one way or the other,” James McMullin said Wednesday. “Johnny Brewer (commissioner from the district) said he wanted to check this week to see for sure whether (Downs) was living out there.”

If certified, Downs will face District 1 incumbent and Republican primary winner David McDonald, 53, and independents Billy R. Boone, 53, and Michael J. Terry, 56.

Where Downs had lived was in District 1, but became part of District 2 when lines were shifted in this year’s redistricting. After the March 1 filing deadline, election commissioners, based on the address he gave, offered Downs a place on the District 2 ballot. He has declined that offer, saying he purchased land on Dillon Ridge Road in District 1 and would live there.

“The attorney general’s office tells us that if he can convince us that he has moved to the first district,” then he must be qualified as a candidate, McMullin said. “He has not convinced us either way.”

Party primaries were Aug. 5. The general election is Nov. 4.

“We’re going to approve him if it’s possible,” McMullin said. “At the same time, we’ve got to keep our heads above water and make sure we’re not doing anything illegal.”