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Writer's pictureBryn Eddy

Legal fees for special election appeal doubles Atlantic Beach's election spending, town says

The Town of Atlantic Beach has spent about $12,000 so far on the special election for the open seat on town council.


The figure is more than double the amount the town usually sets aside for elections, which is approximately $5,000, town manager Benjamin Quattlebaum said.


Candidate Michael Isom has appealed the town's decision to elect John David to take the seat previously held by James DeWitt II.


DeWitt died from gunshot wounds in Richland County on Oct. 9 after holding the seat on town council for about a year.


Isom's appeal states that David does not meet the residency requirement to be on town council.


Chris Whitmire with the South Carolina Election Commission said that David is a registered voter in Atlantic Beach and so he therefore meets the residency requirements to be on council.


Whitmire added that if David rented his property out to a tenant, which is what Isom claims David did, David may still serve on council if he can prove he is returning to his Atlantic Beach residence.


"Part of it is having the intention of returning there with your assets," Whitmire said. "You can be temporarily away."


Because of Isom's appeal, the town's election commission has had to pay for attorney fees, thus raising the price tag on this election.


The approximately $12,000 the town has spent so far on this special election from the town's general fund includes legal fees and the usual election expenses such as poll workers, Quattlebaum said.


A hearing was held on April 24 before Circuit Judge Debra McCaslin and Amanda Bailey, the attorney representing the town's election commission, said McCaslin has not made a decision at this time.


Joe Montgomery, chairman of the election commission, said he is confident she will rule in the commission's favor.


"I feel good about it because judges usually don't overturn an election unless there's a flagrant violation, somebody does something intentionally, and that didn't happen in this case," he said at Monday's town council meeting. "This election has cost us more money than any other election since I've been chairman of the commission that I know. ... These lawyers don't work for nothing."


It's possible a decision could be made this week.

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