Local Radar

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Vote behind closed doors of public body raises questions

web posted September 1, 2006

EDGEFIELD – A Residency Hearing was held Thursday night by the Edgefield County Election Commission due to a challenge of the residency of school board hopeful Nathaniel Jackson by Zach Bush. Though in the end the Election Commission ruled against Mr. Bush’s challenge, it was the manner in which they did it that raised eyebrows with some.

After giving both men the opportunity to challenge and question each other’s evidence, several times, chairwoman Rhodes said, “at this time this board is going to meet and discuss and take a vote. Is there somewhere back there,” she said referring to the room behind them and asked Edgefield County Attorney Buzzy Byrd to join them in the closed session.

After returning from the closed session chairwoman Carroll Rhodes stated the election commission has decided to rule against Mr. Bush and in favor of Mr. Jackson, allowing him to continue his candidacy for the school board.

When the meeting of the Election Commission returned to open session chairwoman Carroll Rhodes stated, “Okay ladies and gentlemen, we have met and discussed, and, you probably realize we did a little homework ourselves.” Mrs. Rhodes continued, “The Edgefield County Registration and Election Commission has ruled against Mr. Bush and feels he did not provide enough information or prove that Mr. Jackson does not live at 420 Railroad Avenue.”

However, the Election Commission is an appointed commission and a public body approved and appointed by the Edgefield County Council. As such, they are required to adhere to the laws governing meetings, discussions, hearings, and closed sessions of all public bodies. By South Carolina law, no vote or poll of the public body may be held behind closed doors. “No action may be taken in executive session except to (a) adjourn or (b) return to public session. The members of a public body may not commit the public body to a course of action by a polling of members in executive session,” the law reads.

Strangely enough, no public discussion of the public body took place and there was no motion or second made to obtain a permissible vote of the commission. Moreover, in order for a public body to go into executive session a motion, a second, and a vote is required after stating the limited reasons for taking a public body behind closed doors. There was no such motion, second or vote prior to going into the closed session by the commission.

Zach Bush, who made the challenge to Mr. Jackson’s residency, said he was going to appeal the decision, and the vote held behind closed doors. Mr. Bush also said he was going to challenge the fact the Voter Registration Office did not advertise the books being opened for candidates for the school board elections, which are to run in the local papers. Mr. Bush contends no such legal notices were placed in the local papers. This has been confirmed by at least one of the local print media he said.

"They (the Election Commission and voter registration office) really dropped the ball on this one," Mr. Bush said, "they're gonna get a call from (Attorney General) Henry McMasters on this one." Mr. Bush said he fully intends to push the issue of Mr. Jackson's residency and the actions taken by the Election Commission.

EdgefieldDaily.com will have more on this developing story as it continues to unfold.

 

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Chamber of Commerce

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