Atlantic Beach, Horry County officials will work to resolve election machine issue

An Horry County magistrate Wednesday told Atlantic Beach and Horry County officials to resolve a dispute about the possession of voting machines used in the November election without his help.

Magistrate Bradley Mayers said he is taking the issue under advisement and if officials can not reach an agreement he will preside over the matter. If the issue is not resolved, Mayers said he will review it again early next year.

The election machines at the center of the debate will remain in the secure custody of the Horry County Sheriff’s Office until the issue is resolved, Mayers said.

Atlantic Beach leaders refused to return the voting machines after the election. Horry County sheriff's deputies took the voting machines Dec. 13 after Mayers issued a court order for deputies to seize the machines.

Atlantic Beach leaders say they want the machines returned so they can have an expert review and inspect them.

During Wednesday’s hearing Mayers denied a motion by Atlantic Beach leaders to dismiss the action because of lack of jurisdiction.

“I don’t have jurisdiction over election matters. This is an action to get personal property back,” Mayers said.

Kenneth Davis, who is representing the town, said the machines were being held in a locked evidence room because of an ongoing protest in the November election. Davis said the town had ordered a transcript of the election protest, but had not received it until last week and thus the election commission could not file its final report.

“Without a record before the court there is no record for any party to appeal from. That process is still ongoing,” Davis said.

Arrigo Carotti, Horry County attorney, said there was no formal protest filed in the town’s election with the Horry County Clerk of Court, but that there were contested ballots that were ruled on by the town’s election commission. None of the candidates in the election filed an appeal with the clerk’s office by Nov. 15, so another election is expected to be held by the town, Carotti said.

“The election is over. It is done and there is no further process,” Carotti said. “The election is over. They’re just wanting a new election as soon as possible.”

Tales of illegal voting machine, conspiracy and corruption in the town “fuel the ongoing feud and bitterness of the powers that be of the town of Atlantic Beach,” Carotti said.

Town council member Jake Evans, who won the November election before the results were overturned, said he understands the frustration Horry County officials have with town officials.

“Atlantic Beach officials are so hard to deal with,” Evans said after Wednesday’s hearing. “I think the town of Atlantic Beach clearly understands now they are doing something wrong by keeping these machines. I think it’s clear to them. I think it was clear to them in the beginning that they had no right to possess these machines.

Atlantic Beach Mayor Retha Pierce said the machines should have never been removed and their seizure interrupted the election process because the municipal commission has not ruled it is over.

“If that’s the best the judge can do under the circumstances or at this moment . . . I would rather hear him say he is taking it under advisement rather than say he is giving the machines back,” Pierce said. “Ultimately I would like to see the machines go back to Atlantic Beach where they were under lock and key in the evidence room because they are part of the process that is not complete.”