S.C. Attorney General Henry McMaster's office said Monday that the referendum's ballot language is flawed and should give voters the chance to vote on the separate projects -- roads, bus service and open space -- instead of casting a single yes-no vote.

Robert Cook, assistant deputy attorney general, wrote the opinion at the request of three Republican lawmakers from the Charleston area: Sens. Glenn McConnell and Arthur Ravenel and Rep. Chip Limehouse.

"In our view, both the language and the spirit of (the state law allowing the referendum) require that each project be voted on in 'yes-no' fashion separately," Cook wrote. "County Council should thus proceed cautiously."

The opinion does not carry the force of law. Ultimately, the courts would settle the issue if the language draws a legal challenge.

McConnell said County Council should take heed and change the ballot, partly because the county already has had one half-cent tax thrown out by the courts. In 2003, the S.C. Supreme Court ruled that the county's ballot language was illegal because it was biased in favor of the tax, which passed by a narrow margin. That ballot called it "the traffic congestion relief, safe roads and clean water sales tax."

"There's just no lesson in the second kick of the mule," McConnell said Monday.

If approved, the sales tax would rise to 6-1/2 percent for 25 years or until $1.3 billion is raised for road projects, including the new Cooper River bridge, for public transportation and for buying park sites and other undeveloped land.

McConnell said County Council should change the ballot language accordingly. County members are scheduled to discuss half-cent-related issues tonight and again Thursday.

Council Vice Chairman Curtis Bostic had not seen the opinion by late Monday. "Really, until I've seen the opinion, I couldn't tell you anything intelligent," he said. "I think we'll need to sit down and study the issue."

Joey Douan, a former County Council candidate who successfully sued to toss out the 2002 half-cent vote, said Monday he was "tickled to death" to hear of the opinion.

Douan said he would like to see County Council change the ballot wording but doubted there was enough time. He and his attorney Tommy Goldstein appeared before both County Council and the Charleston County Election Commission to voice concerns about the ballot, to no avail. "I feel sometimes like I'm just beating my head against the wall," Douan said.

McConnell said he sought the opinion after reading a letter from Goldstein and after consulting with others.

Others, including Charleston Mayor Joe Riley, want the ballot to stay the same.

"I think what County Council has done is exactly the right thing and they have followed carefully the directions of the court," he said. "I'm surprised at the attorney general's opinion, but as we know, that has no force and effect."

Cook recommended the council seek a resolution from the courts before the election, but it's unclear if there will be enough time to do that.

If there's not enough time, McConnell said the county should play it safe and change the language.

"These are bridges they should have crossed at an earlier time," he said. "The taxpayers don't need to be saddled with the bill for these flawed elections."

Douan said he might challenge this year's result but wouldn't commit to a challenge because the courts and county were reluctant to reimburse his attorney's fees for his successful 2002 lawsuit. "As far as saying that I will or won't, I don't know."

Bostic noted that the county has firsthand experience that shows the courts don't always see things the same as the attorney general: The previous attorney general endorsed its reassessment cap, which the S.C. Supreme Court later threw out.

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