Jackson County Board of Elections recounts of early and election-day votes showed the town’s current mayor Davis with 35 votes to alderwoman Burton’s 41. However, Davis picked up an additional six votes through absentee ballots.

If the election’s one vote for a write-in candidate had been cast for either Burton or Davis, the election would have been settled Nov. 8.

“The recount does reveal it was a tied vote,” said Lisa Lovedahl-Lehman, Board of Elections Director.

With the recount leaving the two candidates still locked 41 to 41, officials had no choice but to hand the election over to lady luck. In the event of a tie, election law calls for the two candidates to draw lots.

Aware of the tie and the potential of drawing lots, Burton said that Forest Hills residents were in disbelief when she told them that was most likely how the score would be settled.

“I said ‘No, it’s the law’,” Burton said.

The law does not indicate any specific way in which lots must be drawn — pulling straws, tossing dice, drawing cards or flipping a coin all are possibilities.

Biblically speaking, drawing lots refers to a process in which individuals mark a stone and place their stone in a container, which is then shaken, said Burton, a retired Presbyterian minister. Whichever stone pops out first denotes the chosen one.

“I don’t want to do that,” Burton said.

However, also referencing religious preference, Burton suggested the candidates draw from the passage Matthew 22:21 “Give therefore to Caesar the things that are Caesar’s, and to God the things that are God’s.” The passage refers to money, Burton said, and thereby a coin toss.

“Since we’re both ministers I think that would be appropriate,” Burton said.

“Let’s go then,” Davis said.

The candidates settled on a two out of three scenario. Davis, given the opportunity to pick first, chose heads.

Board of Elections Chairman Stephen Foster then tossed three separate coins.

“Two heads and one tail,” Foster announced.

“God has spoken,” Davis said.

Davis’s election as mayor is his third. He was first elected to office in 2001, at which time he ran unopposed. Davis was re-elected in 2003, also unopposed.

Forest Hills’ charter dictates that mayors serve only two-year terms, while board members serve four-year terms. Burton, who was originally appointed to the town board in 2001 to fill an unexpired term, officially was elected to the board in 2003. Her election as mayor would have left a seat open on the board, to which a new member would have been appointed.

Both Davis and Burton cited improved relations between the town of Forest Hills and university students who live nearby as platform goals. Students have long been a source of angst for the quiet residential community, as residents say students either renting homes or living in apartments hold too many parties, drive too fast and litter.

Burton helped form a committee with representatives from the town, the university and local landlords upon her election with the hopes that the group could find a common ground; however, that committee has yet to achieve any measurable results.

However, Davis said that his first two goals with his new term in office would be to continue working to gain N.C. Department of Transportation approval of town roads and to create a new, decorative entrance to the town off N.C. 107.

“There’s a lot of work to be done yet,” Davis said.