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County says administrative error invalidated recent referendum charter amendments; council to re-run process if desired
Summary
County legal review found that referendum questions approved by voters were not posted for the required five consecutive weeks, rendering the proposed charter amendments invalid; council and Charter Review Commission may re-submit questions for a future ballot.
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Dorchester County officials told the council that an administrative error in the post-election process means referendum questions approved at the last election cannot legally amend the county charter.
Council President announced that during bond-review legal work, county counsel and the Charter Review Commission were advised that the county did not comply with state law requiring five consecutive weekly advertisements of referendum questions after council approval. Because the advertisement requirement was not met, legal counsel concluded the ballot language cannot be used to change the charter.
The council took collective responsibility for the administrative error and said the referendum questions could be reintroduced on a future ballot if the Charter Review Commission and council choose to do so. County counsel and staff said they will issue a formal press release and that they were reviewing whether county code or policy changes could capture elements of the failed charter amendments without requiring a new charter amendment process.
The council emphasized the finding was an administrative mistake, not a deliberate omission, and apologized to the public. County officials said the decision about re-submitting the referendum questions will be up to the Charter Review Commission and the council ahead of the next election cycle.
County legal staff said there may be ways to implement some parts of the approved questions through code or policy changes, but that the charter change itself requires correct statutory advertisement and ballot procedures.
