EXECUTIVE ORDER NO. 2009-07
WHEREAS, on May 16, 2009, the Municipal Election Commission for the Town of McColl (“Commission”) submitted to the Governor’s Office a Report on Election Protest declaring that illegal ballots were cast in the May 12, 2009, election for Mayor of the Town of McColl rendering doubtful the result of the election; and
WHEREAS, the Commission has ruled that a new election for mayor must be held and, because no appeal was filed to protest the ruling, the Commission’s decision is final; 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 office of Mayor of the Town of McColl on September 8, 2009, or at the earliest possible date and time after September 8, 2009, as is permitted by the United States Department of Justice; and (b) designate the McColl Election 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 10th DAY OF JUNE, 2009.
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Thursday, July 23, 2009 at 11:43 A.M.