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Town attorney: court hearings will decide contested mayoral election

Town of Atlantic Beach Town Council · September 9, 2024
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Town attorney Dwayne Green told the council two pending court proceedings — a Common Pleas hearing set for Sept. 18 and a writ of mandamus filed with the South Carolina Supreme Court — will determine whether alleged irregularities affect seating in the recent mayoral and council contests.

Dwayne Green, the town's retained attorney, told the Town of Atlantic Beach council on Sept. 9 that pending court proceedings will decide disputes arising from the recent mayoral election.

"We do have a couple of court hearings pending, which will decide the election issue," Green said, adding that one hearing in Common Pleas was set for Sept. 18 and that a writ of mandamus has been filed seeking review by the South Carolina Supreme Court. "Those are the two pending legal proceedings that have to be decided before those matters are put to rest."

The remarks came during the public-comment period after resident Dianne Hill asked for an update on the status of the mayor's race and on when a certified councilmember might take a seat. Mayor Jake Evans deferred detailed comment to legal counsel.

Green told the council the litigation includes questions about whether illegal votes were cast that affected the outcome and whether a council member may be seated while related contests are pending. "There was a Common Pleas hearing, two hearings regarding motions filed by Carla Taylor as to whether or not she can sit pending these election contests," he said. "One will be in September and that's regarding the mayoral election. The writ of mandamus has not been set a date yet."

Green said the Common Pleas matter has a scheduled date and the Supreme Court matter typically takes 30–60 days to set, and he advised the council to await the courts' rulings before acting on seating questions.

No council action was taken at the meeting on election matters; Green's update was presented for informational and procedural clarity. The Sept. 18 hearing remains the next public milestone identified by the town attorney.