WHEREAS, the South Carolina Democratic Party Executive Committee ("Committee"), pursuant to its authority under Article 5, Section 17, Title 7 of the South Carolina Code of Laws, (1976), as amended, voided the Lee County School Board District Two Democratic Primary held on June 8, 2004, and the Democratic Run-off held on June 22, 2004, due to voting irregularities; and
WHEREAS, on July 2, 2004, I received a request from the Committee to set a new primary election for Lee County School Board District Two; and
WHEREAS, the Lee County Board of Elections and Registration has requested that the new election be held on September 21, 2004, in order to comply with the notice provisions in the South Carolina Code of Laws and the pre-clearance requirements of Section 5 of the Voting Rights Act of 1965; and
WHEREAS, Section 7-13-1170 of the South Carolina Code of Laws (1976), as amended, provides "when any election official of any political subdivision of this State charged with ordering, providing for, or holding an election has neglected, failed, or refused to order, provide for, or hold the election at the time appointed, or if for any reason the election is declared void by competent authority, and these facts are made to appear to the satisfaction of the Governor, he shall, should the law not otherwise provide for this contingency, order an election or a new election to be held at the time and place, and upon the notice being given which to him appears adequate to insure the will of the electorate being fairly expressed. To that end, he may designate the existing election official or other person as he may appoint to perform the necessary official duties pertaining to the election and to declare the result."
NOW, THEREFORE, pursuant to the authority vested in me by the Constitution and Statutes of the State of South Carolina, I hereby (a) order that a new primary election be held for Lee County School Board District Two on September 21, 2004, or at the earliest possible date and time after September 21, 2004, as is permitted by the United States Department of Justice; and (b) designate the Lee County Board of Elections and Registration to perform the necessary official duties pertaining to the election and to declare the result.
GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 16th DAY OF JULY, 2004.
Last Updated: Tuesday, July 7, 2009 at 11:15 A.M.