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Ruling: Bush v. ECBE

web posted October 17, 2006
Herbert Zack Bush v. Edgefield County Board of Elections
ACTION NO. 2006-CP-19-181

ORDER

In the matter of Herbert Zack Bush v. Edgefield County Board of Elections, Mr. Bush is appealing a decision contained in an order of the Edgefield County Board of Elections dated September 11, 2006, signed by Carol J. Rhodes, chairman.  Said order reflects that the commission held a hearing on August 31, 2006 to determine whether or not Mr. Nathaniel Jackson was a resident of Edgefield County, his address being 420 Railroad Avenue, Johnston, SC.  The chairman applied SC code 7-5-120 and 7-5-230.  At the hearing, Mr. Bush presented testimony and documentary evidence, as did Mr. Jackson.  A tape recording, which has been marked for our purposes as Defendant’s exhibit 15, was made of the entire proceeding.  At the conclusion of the hearing, the members of the Edgefield County Board of Elections dismissed Mr. Herbert Z. Bush’s petition and found that Nathaniel Jackson is duly and equally registered as a voter in Edgefield County at 420 Railroad Avenue, Johnston, SC.  Mr. Bush has appealed this order.  

The parties appeared before me on October 13, 2006 in the Lexington County Courthouse.  Testimony was taken as well as exhibits one through fifteen for the respondents/defendants, Edgefield County Board of Elections, and plaintiff’s exhibit one, consisting of five separate pages.  All parties had ample opportunities to present their testimony and evidence.  I note court’s exhibit one that was also placed into evidence consisting of Judge William P. Keesley’s memorandum, the Board of Elections order and Mr. Bush’s letter of appeal.  I will further note that, upon inquiry, Mr. Bush does not contest that Mr. Jackson was a resident after August 28, 2006.

Having reviewed all of the record, exhibits, evidence, and transcript of the hearing, I find as follows,

The standard for review in this case is the Administrative Procedures Act , which requires that the court determine whether or not there was substantial evident to support the Board’s decision and whether or not there was any abuse of discretion in the decision making process.  I find that the Board acted appropriately, both in following the law, i.e. 7-5-120 and 7-5-230 and in providing appropriate hearing procedures.  They protected and preserved their evidence and appropriately issued an order and provided Mr. Bush information necessary to appeal same.  

After reviewing the entire case, I can find no abuse of discretion and there is substantial evidence in the record to support the Board’s decision that Mr. Nathaniel Jackson is a registered voter of Edgefield County, residing at 420 Railroad Avenue, Johnston, SC.

And it is so ordered.

                    _________________________________
                    The Honorable A. Victor Rawl

Lexington, South Carolina

October ____, 2006

 


 

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