Joey Douan, a Charleston County Council candidate who has challenged the election's legality, has 10 days to decide whether to fight on before the S.C. Supreme Court, where he won a year ago.

On Nov. 2, voters approved raising the county's sales tax from 6 to 6.5 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, parks and open space.

The commission's decision followed an hour-long hearing that focused on Douan's appeal last month to Charleston County's Board of Elections and Voter Registration. That board also voted unanimously to uphold the sales tax result.

The four State Election Commissioners didn't publicly discuss Douan's case before making their decision, but two later said that while the county's ballot language might have had problems, 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 and has followed the half-cent issue locally, said he couldn't say that the ballot language complied with all the specifics of state law, but he noted that in the high court's 2003 ruling tossing out the tax, it cited two problems with the ballot but said they weren't sufficient to void the election. The 2002 tax was thrown out on a third argument: biased ballot instructions that were removed this time around.

Douan claimed the county violated the state law that allows sales tax referenda because the county didn't give voters a chance to cast separate ballots on roads, public transit and open space and because open space wasn't a proper use of the money.

However, Pritchard said, "I read and reread the statute (allowing sales tax votes). That statute is somewhat confusing in my opinion."

County attorneys declined to comment on the decision, but Douan said he wasn't surprised.

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

Asked if he planned to appeal to the Supreme Court, Douan said he would discuss it with his attorney. While Douan won an appeal of the 2002 half-cent sales tax vote, he has not succeeded in his efforts to get the county to reimburse him for several thousand dollars worth of attorneys fees from that fight.

If Douan files an appeal, the high court could decide not to hear it. Then 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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