The Resolution of Election Disputes: Legal Principles that Control Election Challenges
374 S.E.2d 685
297 S.C. 55, 374 S.E.2d 685
(Cite as: 297 S.C. 55, 374 S.E.2d 685)
Supreme Court of South Carolina.
Carl KNIGHT, Petitioner,
v.
The STATE BOARD OF CANVASSERS, The Dorchester
Board of Canvassers, and J.C.
Woodberry, Respondents.
No. 22939.
Heard Dec. 8, 1988.
Decided Dec. 14, 1988.
Unsuccessful candidate for sheriff petitioned for writ of certiorari contesting decision of State Board of Canvassers affirming results of county sheriff's election. The Supreme
Court held that: (1) Board's decision affirming counting of
absentee ballots for sheriff which did not meet all technical
absentee ballot requirements was not error of law, and (2)
poll managers' failure to count all absentee ballots in sheriff's election without interruption and without adjournment
did not affect result of election, and thus did not require that
election be set aside, although conduct violated statute.
Petition dismissed.
West Headnotes
[1] Elections
227(1)
144k227(1) Most Cited Cases
[2] Elections
298(1)
144k298(1) Most Cited Cases
Supreme Court's scope of review of decisions of State
Board of Canvassers is limited to corrections of errors of
law; findings of fact will not be overturned unless wholly
unsupported by evidence.
318
[3] Elections
216.1
144k216.1 Most Cited Cases
Statute providing that provisions concerning absentee registration and absentee voting shall be liberally construed prohibits Supreme Court from subjecting to strict scrutiny procedures for submitting and counting absentee ballots. Code
1976, § 7-15-20.
[4] Elections
227(8)
144k227(8) Most Cited Cases
State Board of Convasser's decision affirming counting of
absentee ballots for sheriff which did not meet all technical
absentee ballot requirements was not error of law. Code
1976, § 7-15-20.
[5] Elections
244
144k244 Most Cited Cases
Poll managers' failure to count all absentee ballots in sheriff's election without interruption and without adjournment
did not affect result of election, and thus did not require that
election be set aside, although conduct violated statute;
evidence indicated that absentee ballots which had been set
aside on election night were secured and that no tampering
had occurred. Code 1976, §§ 7-13-1110, 7-15-20.
**686 *56 Robert N. Rosen, of Rosen, Rosen & Hagood,
Charleston, for petitioner knight.
Nancy D. Hawk, Charleston, for respondent J.C. Woodberry.
[1] Elections
291
144k291 Most Cited Cases
Court employs every reasonable presumption in favor of
sustaining contested election and mere technical irregularities or illegalities are insufficient to set aside election unless
errors actually appear to have affected result of the election.
[3] Elections
95
144k95 Most Cited Cases
Page 1
David B. McCormack, of Buist, Moore, Smythe & McGee,
Charleston, for respondent Dorchester Bd. of Canvassers.
Deputy Atty. Gen. James P. Hudson, Columbia, for respondent State Bd. of Canvassers.
PER CURIAM:
This is a proceeding under a writ of certiorari. Petitioner, a
candidate for sheriff, contests the decision of respondent
State Board of Canvassers (State Board) affirming the results of the Dorchester County Sheriff's Election. He contends that due to various statutory irregularities in the submission of and counting of absentee ballots, a new election
should be held. Respondents oppose the ordering of a new
election. Respondent Woodberry seeks costs and attorney's
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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