SC Supreme Court sends year-old contested Bluffton election back to court

More than a year after the contested 2008 Bluffton Town Council election, the S.C. Supreme Court ruled Monday that holding a new election is a decision for Beaufort County Circuit Court.

The state's high court said the S.C. State Election Commission, which overturned a Beaufort County Board of Elections & Voter Registration decision to hold a new election, did not have authority to make that decision. The state Supreme Court said the matter should have gone to Circuit Court.

Scott Marshall, executive director of the county elections board, said Tuesday a hearing has not yet been scheduled.

The election on Nov. 4, 2008, to fill two seats was contested and appealed by all four candidates.

The losing candidates -- third-place finisher Jeff Fulgham and fourth-place finisher Normand E. "Gus" Thomas -- said address coding errors might have prohibited some Blufftonians from voting while allowing non-residents to cast ballots in the mayoral and council races.

Fulgham, who finished 26 votes behind second-place finisher Allyne Mitchell, protested the results several days after the election. The county elections board ruled a new election should be held.

First-place finisher Fred Hamilton and Mitchell appealed to the State Election Commission, which upheld the Nov. 4 results, citing "insufficient evidence" voters had been disenfranchised.

Fulgham and Thomas appealed to the state Supreme Court.

In February, Hamilton and Mitchell were sworn in, despite the pending court case.