Results of Atlantic Beach special election appealed to state Supreme Court

Published: September 25, 2012 

01-13-09/Tuesday-----Atlantic Beach councilwoman Retha Pierce (center) reacts as supporters including the Rev. Wendy Price congratulate her after the results of TuesdayÕs mayoral election were announced Tuesday evening at the Atlantic Beach Community Center congratulate her. "The voters have voted not one time, not two times but three times." ****NAMES ARE CQ*** Photo By Randall Hill / rhill@thesunnews.com

— A notice of appeal from mayoral candidate Retha Pierce has been submitted to the South Carolina Supreme Court in reference to the results of the town’s May 22 special election.

Supreme Court Clerk Dan Shearouse said the court received the notice of appeal on Sept. 13. However, there was no proof of service attached, he added.

“She’s got to serve the respondents,” Shearouse said.

Those named in the appeal are the Horry County Election Commission, Gov. Nikki Haley and the S.C. Election Commission, Shearouse said.

A hearing date has not yet been set.

An attempt to reach Pierce for comment was unsuccessful.

Appeals filed by Pierce and fellow mayoral candidate Windy Price with the Horry County Circuit Court were dismissed in August, and the May election results were affirmed.

Pierce and Price allege that Haley didn’t have the right to order the election, and that Horry County didn’t have the authority to run it or the protest hearing held on May 25. Town Council member Jake Evans won the election with 84 votes to incumbent Pierce’s five and Price’s one.

In their appeals, Pierce and Price made allegations of voter intimidation and that the election was improper. Their cases were separate, and heard by two different judges - Judge Derham Cole for Price and Judge Larry Hyman for Pierce.

Lisa Bourcier, Horry County spokeswoman, said via email Tuesday that the county has so far accumulated a little more than $13,000 in legal fees as a result of the appeals.

Evans, who can’t be sworn in as mayor while the appeals process continues, said none of this is about the election or the results.

“It’s about buying as much time as they can. As long as this thing drags out, that’s what they’re after,” Evans said.

Contact BRAD DICKERSON at 626-0301.

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