After the local Legislative Delegation stacked the newly merged Board of Elections and Voter Registration with Republicans a few months ago, Charleston Democratic officials made it clear they planned to challenge the law that established the new board.

The legal red flags had been up since Gov. Mark Sanford vetoed the bill last year. As the General Assembly is all too inclined to do in such local matters, it overrode the governor's veto, despite his legal misgivings.

Legislators have been used to getting away with such overrides, primarily because they often deal with local bills of relative insignificance. Not so in this instance, and certainly not after the controversy over the board appointments.

The law is being attacked as unconstitutional special legislation. Such legislation has been prohibited since the 1970s when counties were given Home Rule. If a judge upholds the challenge, it could well result in the reinstatement of the two separate boards. Another alternative would be for lawmakers to try to fix the flaw by passing a statewide bill that gives counties the option of merging their boards.

This is serious business. Elections are contentious enough without having the status of those who are conducting the elections constitutionally suspect. The court and/or lawmakers need to give this lawsuit priority.