George v. Municipal Election Commission of the City of Charleston 516 S.E.2d 206 335 S.C. 182, 516 S.E.2d 206 (Cite as: 335 S.C. 182, 516 S.E.2d 206) S.C.Code Regs. 45-5. **207 *183 Samuel W. Howell, IV, and Edward M. Whelan, of Haynsworth, Marion, McKay & Guerard, LLP, Charleston, for appellants. William B. Regan and Frances I. Cantwell of Regan & Cantwell, Charleston, for respondent. WALLER, Justice: G. Robert George, the City of Charleston Republican Party, and others (Appellants) contested the results of a special municipal election in Charleston. The three-member Municipal Election Commission of the City of Charleston (Commission) *184 voted unanimously to uphold the results of the election. The circuit court affirmed Commission's decision. We reverse. [FN1] FN1. We granted the parties' request in February 1999 to expedite this appeal. See Rule 234(b), SCACR 1999 is a general election year in the City of Charleston, including elections for mayor and six council seats. Prospective candidates must file a petition with Commission no later than May 20, 1999, in order to compete in the primary election August 3, 1999. Thus, it is important to know whether the 1998 referendum, which changed city elections from partisan to nonpartisan, was a valid election. FACTS Commission learned in September 1998 that it had to organize a special election to be held November 3, 1998, the same day as the general election. Voters would decide whether the city's elections would be changed from partisan to nonpartisan. Commission traditionally had worked with Charleston County officials during elections, using the county's electronic voting machines and getting help from county precinct workers. This time, county election officials were unable to assist Commission due to the length and complexity of the ballots in county, state, and national races, although the county did provide some poll managers in the city election. On Election Day, city voters signed in at their polling places Page 2 and cast their ballots in county, state, and national races on the county's electronic voting machines. The machines were contained in separate booths that ensured voters' privacy. City voters then walked to a nearby table six to eight feet in length. They signed in again and were given a punch-card ballot to vote on the city referendum. After voting, they dropped the ballots in a sealed cardboard box on the table. Commission officials instructed poll managers to allow voters who desired more privacy to step away from the table, turn around, or shield their ballot by holding it behind the ballot box while completing it. [FN2] FN2. Voters also elected Paul E. Tinkler to fill the vacant seat in city council District 9. Appellants initially challenged Tinkler's election, but stipulated to the dismissal of that appeal before the circuit court. Consequently, Tinkler's election to the District 9 seat is not affected by our decision. *185 Commission held a hearing November 9, 1998, after appellants contested the results. All parties and Commission stipulated that (1) Commission did not provide voting booths in any city precincts, and the majority of voters in the city election did not vote in a voting booth; and (2) punch-card ballots used in the city election were not designed to be folded because they were counted by a computer, and the majority of voters did not fold the ballots. Appellants presented no evidence or witnesses at the hearing, but grounded their arguments in the stipulations. Appellants conceded no one testified he or she saw the vote made by another person, no one testified he or she refused to vote due to the method of voting, and no one testified he or she was confused or intimidated during the process. Candidate Paul E. Tinkler, one of Tinkler's poll watchers, and two voters called by the Committee for Nonpartisan Elections testified they believed the method of voting sufficiently protected their right to cast a secret ballot. They simply cupped their ballots in one hand, punched the desired slot, and dropped them in the box. Other voters usually were standing in nearby lines when voters completed the city ballots. City residents voted to change municipal elections in the © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 221