The unanimous voice vote of the Judiciary Special Laws Subcommittee means island residents could be just three steps away from a possible third incorporation.

The previous two attempts were struck down by the state Supreme Court, which declared enabling laws unconstitutional "special legislation."

Lead sponsor Glenn McConnell, R-Charleston, believes this bill is legally bulletproof. Charleston Mayor Joe Riley has promised to sue if it becomes law.

The legislation, which has passed the Senate, amends population and boundary restrictions on new cities to make it easier to incorporate. It would apply statewide, but one provision is specifically crafted for James Island. It would let unconnected properties be part of the same town if they are separated only by certain public lands or waters.

The bill is expected to sail quickly through the Judiciary Committee and the full House, thanks to the support of powerful Lowcountry lawmakers.

If it passes without amendments, it would go to the governor's desk.

"This thing is going through," said Wallace Scarborough, R-Charleston. "And why not? We send people over to Iraq right now to fight for the right to self-determination, the right for people to vote. This (current law) is a complete contradiction to what we are fighting for in Iraq."

Both sides were at the subcommittee meeting.

Francis Bleecker, a Charleston City councilwoman who represents a portion of James Island, asked lawmakers to reject the legislation on the constitutional grounds.

"This is a direct effort for the third time to introduce special legislation that is terrible public policy," she said.

Two former James Island councilmen and former Mayor Mary Clark told lawmakers that they've worked hard to have a town.

"Let them challenge it, but the people have spoken," said the Rev. Parris Williams, a former councilman. "We have the determination, and we are going to fight."