HORRY COUNTY, SC - Atlantic Beach Mayor Retha Pierce has appealed a South Carolina Circuit Judge's ruling that there was no evidence of Fraud and Impropriety in a May 22nd town election.
However, her appeal to the South Carolina Supreme Court is still pending because Pierce is missing certain parts of the appeal.
Supreme Court clerk Daniel E. Shearouse said Pierce's lawsuit is without essential documents to proceed with the appeal such as:
*a signed copy of a notice of the appeal
*listing of names, mailing addresses and phone numbers for all council of record and any party who is not represented by council
*proof of service statement as of the date she received written notice of entry of the order
Pierce was also advised by the court to make sure she follows court rules about which arguments may be raised during the appeal.
Shearouse said Pierce must prove that her appeal to the state supreme court was served and filed within the 30 days of Judge Larry Hyman's August 1 decision to dismiss her prior appeal.
In March, South Carolina Governor Nikki Haley stepped in and ordered Horry County to oversee the election in Atlantic Beach after the town's election commission threw out the results from the November 2011 election and failed to set a new election date.
Councilwoman Windy Price also filed a separate appeal against the election's validity.
Circuit Judge J. Derham Cole denied Price's appeal on August 27.
In her appeal, Price cited issues of "voter intimidation" and "secrecy of the ballot" issues." There was no testimony from any witnesses and no evidence aside from generalized allegations, according to court paperwork.
Price has filed a motion to amend or altar the judge's order, which gives her a longer time to appeal the case, according to Horry County spokesperson Lisa Bourcier.
County attorneys have filed in opposition to Price's latest motion.
In both elections, Price and Pierce lost the mayor's race to councilman Jake Evans.
Jake Evans can't take office until the appeals are resolved.
