The Resolution of Election Disputes: Legal Principles that Control Election Challenges 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) watch them cast their ballot, and to ensure the overall integrity of the electoral process. State ex rel. Edwards v. Abrams, 270 S.C. 87, 92, 240 S.E.2d 643, 645-46 (1978); Peterson v. City of San Diego, 34 Cal.3d 225, 193 Cal.Rptr. 533, 666 P.2d 975, 976 (1983); Moon v. Seymour, 186 S.E. at 745; Clark v. Quick, 377 Ill. 424, 36 N.E.2d 563, 566 (1941); Evans v. Reiser, 78 Utah 253, 2 P.2d 615, 625 (1931), superseded by statute on other grounds as stated in Mosier v. Gilmore, 635 P.2d 55 (Utah 1981); Sims v. Atwell, 556 S.W.2d 929, 933 (Ky.Ct.App.1977); 26 Am.Jur.2d Elections §§ 299, 328 (1996). This Court has held that secrecy of the ballot was violated when a husband and wife were allowed to enter the voting booth together and discuss their vote, Edwards v. Abrams, 270 S.C. at 91-93, 240 S.E.2d at 645-46; when the numbering system for ballots and voter sign-in lists could be used to identify a particular voter's ballot, Corn v. Blackwell, 191 S.C. 183, 4 S.E.2d 254 (1939); and when voters were required to *190 place their ballots in "for" and "against" boxes that plainly revealed their choice, Birchmore v. State Bd., 78 S.C. at 471-72, 59 S.E. at 148. Although the records in those cases revealed no actual proof of intimidation or fraud, the procedures substantially affected an essential element of the election (secrecy of the ballot), as well as the fundamental integrity of the election. "While in this particular instance it is possible that no evil results followed from the mode in which the election was conducted, yet we cannot be unmindful of the fact that we must be guided by those general principles of law and policy that will enable us to determine future litigations, under the election laws of the state consistently." Birchmore v. State Bd., 78 S.C. at 472, 59 S.E. at 148 (nullifying election results). A. THE VOTING BOOTH [7] Municipal elections must be conducted pursuant to the South Carolina Election Law contained in Title 7, with any necessary changes in points of detail. S.C.Code Ann. § 5-15-10 (1976). The Legislature has established explicit requirements for voting booths. There must be provided at each polling precinct at least one booth. At least one booth must be provided for each two hundred and fifty registered electors or a major fraction thereof of the precinct. The booths must be made of 224 Page 5 wood, sheet metal, or other suitable substance; must not be less than thirty-two inches wide, thirty-two inches deep, and six feet six inches high; must have a curtain hanging from the top in front to within three feet of the floor; and must have a suitable shelf on which the voter can prepare his ballot. In primary, general, and special elections, the booths must be provided by the commissioners of election or other electoral board. Only one voter shall be allowed to enter a booth at a time, and no one except as provided herein is allowed to speak to a voter while in the booth preparing his ballot. S.C.Code Ann. § 7-13-740 (Supp.1998). The Court has indicated that minor variations in the design of a voting booth are not likely to prompt it to void an election. Smoak v. Rhodes, 201 S.C. at 241, 22 S.E.2d at 686 ("It will not be contended that a few inches one way or the other in these matters [size of booth or length of curtain screening *191 booth] would vitiate an election"); Killingsworth v. State Executive Comm. of Democratic Party, 125 S.C. at 492, 118 S.E. at 824 (same). The Court has not, however, decided a case in which voters were not provided with any voting booths at all. Courts that have considered the issue disagree on it. The Georgia Supreme Court **211 has held that a statute requiring election officials to provide booths is mandatory, and nullified an election in which election officials totally disregarded the statute by providing no booths. Moon v. Seymour, 186 S.E. at 745; see also Cox v. Williams, 216 Ga. 535, 117 S.E.2d 899 (1961) (nullifying referendum results due to numerous irregularities, including the lack of screened voting booths). The North Dakota Supreme Court has taken the opposite view, holding that secrecy was adequately ensured in a school bond election by allowing voters to use three large tables in a large room. The court emphasized it did not intend to minimize the importance of voting booths. Mittelstadt v. Bender, 210 N.W.2d 89, 95-96 (N.D.1973). In a similar case, the Missouri Supreme Court refused to nullify a school bond election based on the lack of voting booths because the one-question ballot was easily concealed while marking it. Lake v. Riutcel, 249 S.W.2d 450, 451 (Mo.1952); see also Cashen v. Bd. of Education, 2 © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.