Jasper County asks court to call a special election, rule on councilman’s residency issue
Jasper County filed a complaint Tuesday asking the court to intervene in its County Council controversy, leaving the fate of one council member who does not live in the district he serves unclear.
In the month since it was discovered that Councilman Alvin Adkins resides in a district different than the one he was elected to, the council and county have sought legal advice in private while publicly hearing comments from residents ultimately saying Adkins should be able to finish his term.
Adkins, despite living in the Coosawhatchie District and listing that address on his registration forms, was elected to represent the Pocotaligo District in 2020. He’s obtained legal representation since this issue arose but has said he will not resign.
At the last council meeting, members voted 3-2 in favor of a redistricting ordinance with a new map that would draw Adkins’ address into the Pocotaligo District with Adkins voting with the majority.
The map, which is based off 2020 U.S. Census data that needs to be redrawn before the filing period opens in March for this year’s elections, only needs one more review and approval from council for passage.
Although the map would seemingly resolve the residency issue, the filing says the county is concerned if Adkins votes on the ordinance but is later deemed unqualified then the integrity of the elections “are susceptible to collateral attack at a later date” but if he does not vote the ordinance will likely not pass with a 2-2 vote.
Due to the deadlock, the county has asked the court to make a judgment on multiple issues:
▪ Is Adkins qualified to represent the Pocotaligo Township District seat?
▪ If Adkins is not qualified for that position, is there a vacancy on council for said district?
▪ If there is a vacancy, when did that vacancy occur and is a special election required?
▪ Has Adkins been serving as a “de facto council member” since he took office and, if so, continue to do so until a special election can be held?
▪ Would the passage of a redistricting ordinance that puts Adkins’ address into the Pocotaligo District remove the need for a special election?
▪ Were votes cast by Adkins as a council member beginning in January 2021 through the present properly counted?
Jasper County lacks the power to declare a vacancy on the council and to call the local elections board to hold a special election, according to the filing, so it is asking the court for an injunction in order for the election to be held more than 180 days before the general election as required by state law.
“Jasper County will suffer irreparable harm without an injunction from this Court, as without an injunction, a timely special election will not occur, and without a timely special election, Adkins will no longer qualify as a de facto officer,” it says.
‘A unique situation’
Jasper County Council is made up of five members across four districts. Each district has at least one member who lives in the district they ran to represent. One of the four districts will have two councilmen, because the fifth member is an at-large position, meaning they can live in any of the districts.
All five positions are elected at large though, meaning people across all districts are voting for who will represent each one.
“This is definitely a unique situation,” State Elections Commission spokesperson Chris Whitemire said. “I’ve never seen this specific issue because it’s complicated by a very unique district scheme. I’m not aware of another county that has the same type of voting.”
He said because everyone in the county votes for the same positions, there’s not a voter registration system that would alert someone wanting to run for office that they live in a certain district.
“I know Jasper is looking at what we can do to help avoid this in the future,” Whitemire said, adding that although the elections office isn’t required to remind residents filing of what the districts are but could take steps like having an update map available.
Four residents who spoke on Adkins’ qualification issues at the previous council meeting called for the county to change to single-district voting, mirroring how many of its neighbors vote.
“We’ve been doing it wrong in Jasper County for many years,” a former county elections board member said at the meeting. “...No other county in the state is doing it the way Jasper is doing it.”
The next regularly scheduled council meeting is Feb. 22.
