Atlantic Beach delays election vote

Atlantic Beach Town Council members delayed a decision Monday on whether to hold a special election to fill two seats on the council.

"We decided to drop back, delay, make sure we are in line with the state election commission," said John Zilinsky, the town's attorney. "We asked that the council delay consideration of it tonight to make sure that it's not premature."

A resolution concerning a special election was left on Monday's meeting agenda by accident, according to the town's acting mayor Charlene Taylor.

Meanwhile, town officials learned that a filing for an injunction was made Monday in an attempt to stop a special election.

The November election for two town council seats led to a series of challenges and appeals, which are ongoing. November's election results were overturned by the town's election commission because of questions about the residency of write-in candidates Windy Price and Carolyn Cole, who won the election, and issues concerning votingirregularities and absentee ballots.

Price received 64 votes, Cole received 52 votes, and incumbents Charlene Taylor and Josephine Isom received 43 and 35 votes, respectively. Paul Curry, the only challenger on the ballot, received five votes.

Price and Cole were declared winners after the election commission voted to accept 28 of the 39 challenged ballots in the election. Taylor and Isom then protested the results and after two lengthy hearings the election commission voted to overturn the election results.

Price and Cole filed an appeal and a hearing that was scheduled for Jan. 20 was cancelled because transcripts from the election commission hearing were not ready.

The special election was on Monday's agenda initially in an effort to start the process, Zilinsky said. When questions were raised over whether there could be a special election because of the ongoing appeal, it should have been removed from the agenda, he said. If Price and Cole's appeal is upheld in court, then there would be no need for a special election, he said.

According to state code about municipal elections, "the notice of appeal shall act as a stay of further proceedings pending the appeal."

Zilinsky said he thought the state election commission was advising the town to have a special election but the town will now review state code and determine what, if any, future actions will be taken.

"There was a misunderstanding, an error in printing," said Taylor, who is currently acting mayor because Retha Pierce is suspended from the position.

"I'm willing to wait on what the judge says."

Cole said she thinks the town is not allowed to move forward with a special election because of the appeal.

"I think that the town of Atlantic Beach is consistent in breaking the law," she said. "Our government is determined to send a strong message to the S.C. Supreme Court, the Horry County circuit court that Atlantic Beach abides by no laws and that is of grave concern to us."

Monday morning, Cole, Price and Amy Breunig filed for an injunction again council members Charlene Taylor, Jake Evans, Josephine Isom and town manager William Booker.

Booker, who received notice of the injunction late Monday, said it went beyond trying to block the special election but was trying to block the town from spending money and appointing people to boards, as well. He said it was full of accusations and false statements.

"The whole point of the matter is they're trying to make a case for the special election that it shouldn't be held," Booker said. "It's a matter that needs to be settled between the court and the state election commission. Whatever they determine is what it's going to be."