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) city of Charleston from partisan **208 to nonpartisan by a vote of 8,929 to 6,310. Appellants contend the circuit court erred in affirming Commission's decision to uphold the election results. ISSUE Did the total absence of voting booths and the use of punch-card ballots that were not designed to be folded violate the state constitution or statutes? DISCUSSION Appellants contend the state constitution and statutes required Commission to provide voting booths and ballots that may be folded in order to ensure each voter's right to cast a secret ballot. They argue the Court should nullify the referendum results due to the total lack of booths and foldable ballots. We agree. *186 [1][2] In municipal election cases, this Court reviews the judgment of the circuit court upholding or overturning the decision of a municipal election commission only to correct errors of law. The review does not extend to findings of fact unless those findings are wholly unsupported by the evidence. Knight v. State Bd. of Canvassers, 297 S.C. 55, 374 S.E.2d 685 (1988); May v. Wilson, 199 S.C. 354, 19 S.E.2d 467 (1942). The Court will employ every reasonable presumption to sustain a contested election, and will not set aside an election due to mere irregularities or illegalities unless the result is changed or rendered doubtful. Sims v. Ham, 275 S.C. 369, 271 S.E.2d 316 (1980); May v. Wilson, supra. [3] The statutory provisions regulating the conduct of elections are numerous and detailed. S.C.Code Ann. §§ 7-13-10 to -2220 (1976 & Supp.1998); S.C. Const. art. II, § 10. This Court, like many others, recognizes that perfect compliance in every instance is unlikely, and the Court is loathe to nullify an election based on minor violations of technical requirements. To that end, courts have developed principles to determine whether such provisions are mandatory or directory. [4] As a general rule, such provisions are mandatory in two instances: when the statute expressly declares that a particular act is essential to the validity of an election, or when enforcement is sought before an election in a direct proceed- 222 Page 3 ing. After an election in which no fraud is alleged or proven, when the Court seeks to uphold the result in order to avoid disenfranchising those who voted, such provisions are merely directory even though the Legislature used seemingly mandatory terms such as "shall" or "must" in establishing the provisions. "Courts justly consider the main purpose of such laws, namely, the obtaining of a fair election and an honest return, as paramount in importance to the minor requirements which prescribe the formal steps to reach that end, and, in order not to defeat the general design, are frequently led to ignore such innocent irregularities of election officers as are free of fraud, and have not interfered with a full and fair expression of the voter's choice." State ex rel. Parler v. Jennings, 79 S.C. 414, 419, 60 S.E. 967, 968-69 (1908); accord Laney v. Baskin, 201 S.C. 246, 253, 22 S.E.2d 722, 725 (1942); *187 Smoak v. Rhodes, 201 S.C. 237, 241, 22 S.E.2d 685, 686 (1942); Killingsworth v. State Executive Comm. of Democratic Party, 125 S.C. 487, 492, 118 S.E. 822, 824 (1921); State ex rel. Davis v. State Bd. of Canvassers, 86 S.C. 451, 460, 68 S.E. 676, 680 (1910). [5][6] The Court still may deem such provisions to be mandatory after an election--and thus capable of nullifying the results--when the provisions substantially affect the free and intelligent casting of a vote, the determination of the results, an essential element of the election, or the fundamental integrity of the election. Zbinden v. Bond County Community Unit School Dist. No. 2, 2 Ill.2d 232, 117 N.E.2d 765, 767 (1954); Lewis v. Griffith, 664 So.2d 177, 186 (Miss.1995); O'Neal v. Simpson, 350 So.2d 998, 1005-09 (Miss.1977); Mittelstadt v. Bender, 210 N.W.2d 89, 94 (N.D.1973). Furthermore, "where there is a total disregard of the statute, it cannot be treated as an irregularity, but it must be held and adjudicated to be cause for declaring the election void and illegal." Moon v. Seymour, 182 Ga. 702, 186 S.E. 744, 745 (1936); accord **209Lewis v. Griffith, supra. "The Court ... will not sanction practices which circumvent the plain purposes of the law and open the door to fraud." May v. Wilson, 199 S.C. at 360, 19 S.E.2d at 470. With those principles in mind, we turn to the provisions at issue in this case. "All elections by the people shall be by secret ballot...." S.C. Const. art. II, § 1. [FN3] Secret ballots have been required © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.