State high court
hears arguments in Atlantic Beach election case
Associated
Press
COLUMBIA, S.C. - The South Carolina Supreme
Court could order a new election for Atlantic Beach mayor and town
council after lawyers said some people were forced to reveal their
votes.
The state high court heard arguments Tuesday in the case brought
by two council members who lost re-election bids and a losing
mayoral candidate who say the election should be overturned because
the state's secret ballot laws were violated.
As many as 48 voters did not get to cast secret ballots, said
Helen McFadden, an attorney for the losing candidates. About 21 of
those voters were told to write their choices on a blank piece of
paper and six signed their names to the papers, McFadden said.
"These people know each other," she said. "There's a high
likelihood they could look at the handwriting and know whose ballot
it was."
In addition, 27 absentee ballots were cast in such a way that
numbers on the ballots could be matched up with names on an absentee
poll list, making it possible for election officials and others to
see how those individuals voted, McFadden said.
Chief Justice Jean Toal said the secret-ballot issue represents a
serious violation of the election process and could be grounds to
hold a new election. But Toal said the Supreme Court may not be able
to consider those potential violations on appeal because the issue
had not been raised before the local election commission or a lower
court.
Former council members John Sketers and Charlene Taylor and
Delores Wilson, a council member who lost her bid to unseat Mayor
Irene Armstrong, appealed the results of the election first to the
election commission and then to a circuit court judge. But arguments
in those cases focused on voter fraud, such as ineligible people
casting ballots and people being paid to vote.
"The arguments raised today were not raised in the original
election protest," said Charles Terreni, a lawyer representing
council members Jake Evans and Sherry Suttles. "When we allow these
kinds of issues to be heard for the first time in appeals court,
we've turned the election process on its head."
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Information from: The Sun News, http://www.myrtlebeachaccess.com/ |