In some S.C. municipalities, new council members won their
offices days before Tuesday’s election.
And no one had to vote.
Two small towns in the Midlands and Central Pacolet, in the
Upstate, decided to take advantage of a law that went into effect in
January. The law allows municipalities to cancel elections if there
is no competition for a seat and no one files as a write-in
candidate 14 days after the initial filing period closes.
Pine Ridge, in Lexington County, and Arcadia Lakes, in Richland
County, decided to cancel their elections this year, saving an
estimated $400 to $600 each. In both municipalities, there was only
one candidate seeking each open seat on council. Pine Ridge’s annual
town budget is $191,000; Arcadia Lakes’ is $104,000.
Critics of the law say the municipalities should err “on the safe
side” and hold the canceled elections. They say the law may be
repealed once the General Assembly comes back into session in
January.
“We think this is unconstitutional law,” said Howard Duvall,
executive director of the Municipal Association of South Carolina,
adding S.C. voters have a right to add anyone they want to the
ballot.
Write-in candidates have won major elections, Duvall said, citing
the late U.S. Sen. Strom Thurmond and Spartanburg’s mayor, Bill
Barnet.
Duvall said the Municipal Association’s general counsel asked the
attorney general’s office for a ruling on the matter and that last
month, the attorney general agreed with the Municipal Association.
Duvall said when the General Assembly returns to session, it will
ask legislators to repeal the law.
The bill’s sponsor, state Sen. Bill Mescher, R-Pinopolis, ran for
office in 1997 but did not face any competition. He won the
Republican primary and did not have a Democratic opponent in the
general election. But for Mescher to officially take the seat,
voters had to go to the polls, costing Charleston and Berkeley
county taxpayers.
Pine Ridge administrator Sherry Brooks said if her town was
dealing with any controversial issues or if anyone had “even called
the town about it,” she would have suggested going through with the
election.
In Arcadia Lakes, based on the new law, incumbent Jane Hazzard
and newcomer W. Russell “Rusty” Onley will be sworn into office Nov.
6.
Both candidates for the Pine Ridge seats — councilmen Mike
McMillanand Daniel Davis, will return to office. McMillan has been
on council since 1989; Davis was elected in 1995.
Brooks said, unusually, few voters cast ballots in Pine Ridge
when candidates are unopposed.
In 1997, when each candidate was unopposed, 38 votes were cast.
In 1988, with the same scenario, only 22 votes were cast.
Brooks said the town decided to save the money needed for the
election — about $300 — figuring no one would launch a last-minute
write-in bid.
Still, candidates have won write-in elections in the past in Pine
Ridge.
Councilman Bob Price won his first Pine Ridge election in 1999 as
a write-in candidate. In that election, no one filed for the seat.
Price was approached by a few people to run for office when it
started to look like the seat would be vacant.
“I really had no opposition,” he said.
This year, Price said both the councilmen up for re-election have
done great jobs. But he is disappointed his town canceled the
election.
“I just wish some more of our citizens will get involved in the
future.”
Staff writer Maurice Thomas contributed to this story. Reach
Angle at (803) 771-8512 or mangle@thestate.com.