Posted on Fri, Dec. 03, 2004


Election Commission upholds Charleston sales tax vote


Associated Press

A half-cent sales tax approved by Charleston County voters last month is a step closer to becoming a reality after the State Election Commission upheld the vote.

The commission agreed unanimously Thursday there were no significant problems with the referendum this time around. But there have been problems.

Voters approved the tax in 2002, but the vote was thrown out after the state Supreme Court ruled the ballot wording was biased. That wording was thrown out for the election Nov. 2, but Joey Douan, a Charleston County Council candidate, again challenged the ballot.

Douan has 10 days to decide whether to appeal the commission's decision to the state Supreme Court, where he won a year ago. Douan said he hadn't made a decision and would talk about it with his attorney.

Voters approved raising the county's sales tax to 6.5 percent from 6 percent. The tax increase, set to take effect May 1, is expected to raise $1.3 billion over 25 years for new roads, public transit and parks.

Two commission members said the county's ballot language might have had problems, but they weren't serious enough to void the election.

"I think the language of the ballot does not meet the technical, specific requirements of the statute, but I would call that a harmless error," chairman Karl Bowers said. "The result was a resounding win in favor of the referendum."

Commissioner Edward Pritchard, who lives on Sullivan's Island, said the statute allowing sales tax votes is somewhat confusing. But Pritchard said the wording the high court previously ruled was biased had been removed.

Douan said he wasn't surprised by the commission's ruling.

"This is not about opposing the will of the people. It's strictly about legality and the law," he said.

Douan won an appeal of the 2002 half-cent sales tax vote, but he has not succeeded in getting the county to reimburse him for several thousand dollars worth of attorneys fees.

If Douan files an appeal, the high court could decide not to hear it. Then, Douan's only remaining appeal would be a separate civil lawsuit pending in Charleston County's Court of Common Pleas.

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Information from: The Post and Courier, http://www.charleston.net/





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