Election Commission
upholds Charleston sales tax vote
Associated
Press
COLUMBIA, S.C. - 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.
---
Information from: The Post and Courier, http://www.charleston.net/ |