WHEREAS, on January 12, 2005, I received a Decision of the State Election Commission, in its capacity as the State Board of Canvassers, upholding the Order of the Jasper County Board of Canvassers (Jasper County Election Commission) to set aside the November 2, 2004, election for Jasper County School Board District 6 due to voting irregularities; and
WHEREAS, the Jasper County Election and Registration Commission ("Commission") has requested that a new election be held on April 5, 2005; and
WHEREAS, the Commission has stated that, in requesting this date, it has complied 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 election be held for the Jasper County School Board District 6 on April 5, 2005, subject to pre-clearance approval by the United States Department of Justice, or at the earliest possible date and time after April 5, 2005, as is permitted by the United States Department of Justice; and (b) designate the Jasper County Election and Registration Commission to perform the necessary official duties pertaining to the election to declare the result.
GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 7th DAY OF FEBRUARY, 2005.
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