COLUMBIA, S.C. - The buses may soon stop in
Charleston after the state Supreme Court threw out a half-cent sales
tax passed last year by Charleston County voters.
The tax, earmarked mostly for transportation items, asked voters
desiring "traffic congestion relief, safe roads and clean water
sales tax" to vote yes.
The justices nullified the vote Monday because the wording of the
ballot appeared to favor passing the tax.
The decision means the Charleston Area Regional Transportation
Authority likely will have to begin cutting service and may have to
shut down the buses entirely, authority Chairman Patterson Smith
said.
The authority has serious money woes after taking out a $3.5
million loan shortly after the tax was passed last November to keep
the buses going. Proceeds from the new tax were supposed to pay the
loan off.
"We are looking to see who our friends are," Smith said.
The authority is bringing in executives from the two private
companies that help run the bus system to talk about what can be
done in the short term. "They tell me the system will operate
tomorrow," Smith said Monday.
In the long term, Smith plans to ask the County Council to appeal
the ruling as quickly as possible. County Council Chairman Timothy
Scott did not return a phone message seeking comment.
"If CARTA's finances do not change, we will have to begin a
graduated shutdown with proper public notification," Smith said.
More than a dozen local elected officials sued over the sales tax
after it passed by 865 votes out of about 100,000 ballots cast,
concerned about the wording of the question.
The justices were unanimous, with Chief Justice Jean Toal writing
that the county could advocate the tax before Election Day but had
to provide an objectively worded question at the ballot box.
"The voter instructions here appeared calculated to persuade and
ultimately mislead voters into voting in favor of the tax by
obscuring the fact that a vote for clean water was a vote for
increased sales tax," Toal wrote in the court's decision.
The issue should have never come before the court because County
Council was told the ballot question "would not fly," said Trent
Kernodle, an attorney representing several sales tax opponents.
After reading the question four months before votes were cast,
the county Election Commission told officials the wording was not
neutral. The council agreed to reconsider, then voted to keep the
original language.
"It's sad because they had an opportunity to fix it," Kernodle
said.
Merchants were supposed to start collecting the tax in May, but
the high court stepped in a few weeks before, saying there would be
no way to refund money collected if the tax was overturned.
The tax was expected to raise $1.3 billion in the next 25 years
to build roads and bridges, pay for public transportation and buy
undeveloped land for parks and forests.
The mayors of Mount Pleasant, North Charleston and Charleston
also supported the tax and the municipalities filed briefs on behalf
of the county.
A similar tax put on the ballot in 2000 failed by about 900
votes.
The county could apparently try to get the tax passed again. The
justices only nullified the results of the 2002 election.
Opponents of the tax also sued over a pamphlet printed by County
Council listing projects to be funded by the tax that was handed out
at polling places.
The justices didn't rule on the pamphlet, since they said the
wording of the ballot already invalidated the election. But they did
ask lawmakers to clarify whether local election officials should be
able to hand out information at polling places when candidate
campaign literature is banned.
"Nevertheless, we can find no logical distinction which would
allow partisan campaign literature drafted by a government entity to
be distributed within 200 feet of a polling place on Election Day
when the same literature distributed by a private party would not be
allowed," Toal
wrote.