Vol. 12, No. 1, Pg. 22. Contesting Election Results in South Carolina.

• Author: By Wendy J. Keefer

South Carolina Lawyer

2000.

Vol. 12, No. 1, Pg. 22.

Contesting Election Results in South Carolina

22Contesting Election Results in South CarolinaBy Wendy J. KeeferA candidate for office in South Carolina is shaking hands with voters at a polling place on election day, and he or she notices that one of the potential voters is a man who moved to Savannah months before the election. The candidate brings this problem to the attention of a poll manager, who still permits the nonresident to vote. The candidate-who is not on good terms with the nonresident voter-loses the election by one vote. Does the candidate have any recourse?

During another election, voters of a particular precinct arrive at their designated polling place to vote. As each voter enters the voting booth, a poll manager insists on entering the booth with the voter to observe and assist the voter with the operation of the voting machine. The voters are disturbed by this irregularity and the lack of privacy and wish to challenge the procedure. What, if anything, is available to redress these voters' deprivation of a secret ballot?

Since this is an election year, this article will discuss briefly the rules and procedures that govern any protest or contest of election results in the state. Because no common law right to contest elections exists, any right to contest an election exists only under the state constitutional or statutory provisions, which provide specific procedures for such contests. To successfully contest an election, "the procedure prescribed by statute must be strictly followed." See Butler v. Town of Edgefield, 328 S.C. 238, 245, 493 S.E.2d 838, 842-43 (1997) ("The ability to contest elections is a privilege bestowed by state law. There is no common law or federal constitutional right to be afforded a hearing in an election contest.").

These statutory and constitutional provisions are "numerous and detailed," providing a specific procedure for challenging local, state and federal elections in South Carolina. See George v. Municipal Election Comm'n of the City of Charleston, 335 S.C. 182, 186, 516 S.E.2d 206, 208 (1999); see also S.C. Code Ann. §§ 7-17-10, et seq. (1976 & Supp. 1999).

The overall purpose of these statutes is "to assure the orderly and fair election of our public officials." See Greene v. South Carolina Election Comm'n, 314 S.C. 449, 453, 445 S.E.2d 451, 453 (1994). Thus, the orderly and fair election of public officials can be ensured only if those seeking to challenge the outcome of an election are familiar with the specific election contest requirements set forth in the statutes. This article only scratches the surface of these complex laws, providing a general guide relating to election contests and giving the contestant a "jumping off" place.

FILING THE CONTEST

Filing County Election Contests. The body with which an election

24 protest or contest must be filed and the time limits for filing that contest depend on the election level. To contest the election of a county officer or an officer elected to less than a county office, the contest must be filed with the chairman of the county board of canvassers. See S.C. Code Ann. § 7-1720, 7-17-30 (1976 & Supp. 1999). The time limit for filing a contest is short-the contest must be filed by noon on the Wednesday following the day on which the election results are declared. See S.C. Code Ann. § 7-17-30 (Supp. 1999).

The contest must be filed in writing and sufficient copies provided for all candidates running in the challenged election. Providing the requisite number of copies of the contest to the county sheriff perfects service of the contest on the chairman of the county board. Each candidate will then be provided notice of the time and place of a hearing, along with a copy of the filed contest. See, e.g., S.C. Code Ann. § 7-17-30 (1976).

Filing Multi-County, State and Federal Election Contests. Different from county elections, to contest an election for state officers, federal officers or officers for positions involving more than one county, the contesting party must file the contest with the Board of State Canvassers, i.e. the state Election Commission. See S.C. Code Ann. §§ 7-17-210, 7-17-260 (1976 & Supp. 1999). Again, the contest must be filed in writing and with the chairman of the appropriate board of canvassers. See S.C. Code Ann. § 7-17-260 (1976 & Supp. 1999). In these elections, though, the contest...