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) Ill.App.2d 490, 119 N.E.2d 823, 824-25 (1954) (upholding results in school board election where no booths were provided; no statute required the use of booths in such elections). In this case, it is undisputed that Commission did not provide any voting booths, and that the record contains no actual proof of voter intimidation or fraud. We acknowledge that Commission's decision to proceed without booths is understandable, given the hasty preparations and the inability of Charleston County officials to provide their traditional assistance. Nothing in the record suggests Commission failed to appreciate the importance of its responsibilities. Absent the several statutes that address the secret ballot requirement of Article II, Section 1, we would be less constrained in deciding whether Commission met the constitutional requirement in this case. However, we are guided both by the constitution and the Legislature's explicit instructions on how to ensure the right to a secret ballot. *192 We conclude this election challenge is not one in which we are faced with minor violations of technical requirements. The history of the secret ballot, our precedent, and the statutes persuade us that the voting booth is an essential element of the electoral process. The lack of any evidence of voter intimidation or fraud is not dispositive because the total absence of booths affects the fundamental integrity of the election. See Edwards v. Abrams, supra; Corn v. Blackwell, supra; Birchmore v. State Bd., supra. We cannot condone the method of voting employed by Commission because it would unwisely sanction a practice that "circumvent[s] the plain purposes of the law and open[s] the door to fraud" and intimidation. May v. Wilson, 199 S.C. at 360, 19 S.E.2d at 470. Accordingly, we choose to follow the view espoused in Moon v. Seymour, supra, and hold that the statutory provision for voting booths is mandatory in these circumstances. Therefore, the total absence of voting booths violates the constitutional and statutory right to a secret ballot. B. THE BALLOT [8] The Legislature has required that election officials pre- Page 6 pare ballots which are designed to be folded. After signing in to vote, the voter shall immediately go to the booth and mark his ballot preparatory to depositing it in the ballot box. After the voter has marked his ballot, he shall fold it so as to leave the stub remaining attached thereto visible in such position that it can be detached without unfolding. When the ballot is returned, one of the managers shall detach and retain the stub, and the voter shall then deposit his folded ballot in the box. S.C.Code Ann. § 7-13-730 (1976); see also S.C.Code Ann. § 7-13-611 (Supp.1998) (ballot form containing instructions for voter to fold the ballot). Punch-card ballots used in vote tabulating machines must have serially numbered stubs and strips, which "shall be attached to each ballot card in a manner and form similar to that prescribed by law for paper ballots." S.C.Code Ann. § 7-13-1370 (1976). Regulations promulgated by the State Election Commission require punchcard ballots either to be placed in an envelope by the voter or *193 be foldable to ensure **212 secrecy of the ballot. 24 S.C.Code Ann.Reg. 45-5 (1976). The purpose of folding the ballot is to ensure secrecy. Gardner v. Blackwell, 167 S.C. 313, 322, 166 S.E. 338, 341 (1932); Hyde v. Logan, 113 S.C. 64, 81, 101 S.E. 41, 46 (1919). In Smoak v. Rhodes, the Court refused to nullify an election in which the record contained no proof that ballots were not folded or that the secrecy of the ballot was violated. Id., 201 S.C. at 243-44, 22 S.E.2d at 687-88. In this case, however, it is undisputed that voters were specifically instructed not to fold the ballots. We hold that the use of ballots that were not designed to be folded violates the constitutional and statutory right to a secret ballot. We do so for the same reasons expressed in connection with the absence of the voting booth. The provision for foldable ballots is mandatory because it affects an essential element of the election and the fundamental integrity of the electoral process. CONCLUSION We reverse the circuit court's order and nullify the referendum results because the total absence of voting booths and foldable ballots violates the statutory and constitutional right to a secret ballot. © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 225