South Carolina Ping List
Posted on 11/30/2004 7:28:36 PM PST by SC Swamp Fox
Several elections appeals set
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The state panel also set a Dec. 6 hearing for the appeal from Joe DeFeo in an Horry County Council race and Dec. 7 to hear protests in the state House District 106 and state Senate District 28 contests.
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Losing Republican state Senate candidate Katherine Jenerette filed a 13-page protest of alleged multiple election irregularities. Her case will be heard at 10 a.m. Dec. 7.
Here is a link to the 13 page Protest Brief in PDF format. (1.3Mb)
Summary of the protest brief:
Specification 1 - Attempt by person(s) to obtain money from the candidate in exchange for guaranteed votes from Dillon County Precincts.
Possible applicable statues: SC Law SECTION 7-25-50; 7-25-60 and US Code 42 U.S.C.§ 1973i(c)
Specification 2 - On two occasions during my Senate race, my opponent indirectly and directly offered my husband and me two different jobs in exchange for withdrawing from the race.
Possible applicable statues: SC Law SECTION 7-25-200 - Unlawful inducement to file for or withdraw from candidacy for election.
Specification 3 - Deception of Voters of Party Affiliation to fraudulently influence voters to cast their vote for what they thought was the Republican Candidate for Seat 28. A Trojan Horse approach for a Democrat Candidate in an overwhelmingly Republican County. A series of events; which can be linked to the Senator and statement by Elliot contributed to many voters to believe that he was in fact the Republican candidate and that I was the Democrat.
Possible applicable statues: SC Law SECTION 7-25-190
Specification 4 - Deception of Voters of Party Affiliation to fraudulently influence voters to cast their vote for what they thought was the Republican Candidate for Seat 28 and/or vice versa what they thought was the Democrat candidate, via the Sun News Voter Guide published on Sunday, October 31, 2004.
Specification 5 - Abenstee ballots were mailed to elderly voters in Marlboro County and than personally picked up by people including Red Smith.
Possible applicable statues: SC Law SECTION 7-25-100 - and Federal jurisdiction rests on the fact that the mail is a federal instrument.
Specification 6 - NC Voters crossing state line providing and provided transportation and voting in a South Carolina election.
Possible applicable statutes: The Travel Act, 18 U.S.C. §1951, is a federal statute that makes it a felony to travel across state lines to aid of activity that constitutes voter fraud under the law of one or more of the states involved in the interstate travel. SC Law Section 7-25-20.
Specification 7 - Out of District Voter, Non-Qualified Voters
Possible applicable statutes: SC Law Section 7-25-20.
Specification 8 - Opponent Making a speech at a polling place
Specification 9 - Opponent Making a speech at a polling place
Specification 10 - Opponent assisting voter at a polling place
Possible applicable statutes: SC Law Section 7-25-100 B (1)
Specification 11 - Machine Malfunctions Possible Tampering
Specification 12 - Machine Malfunctions Possible Tampering
Specification 13 - Machine Malfunctions Possible Tampering
Specification 14 - Voter Intimidation - Taking Photo of Attendees at a Meet the Candidate BAR-B-Q
Item 1: While attending a Barbeque Meet the Candidate event specifically for me in McColl, the Mayor of McColl, Gary Quick was in full view of attendees taking pictures of people attending the event (potential voters) from across the street in his pickup truck with a large 4x8 Sen. Dick Elliott sign in the bed of his truck.
Possible applicable statutes: SC Law SECTION 7-25-80. Threatening, intimidating, or abusing voters
Specification 15 - Intimidation of a voter and business owner.
Item 1: John Doe who owns a business in North Myrtle Beach told me that someone representing Sen. Dick Elliott told John Doe that he had to take a Jenerette for Senate bumper sticker out of his window of his business. John Doe said to the representative that he would be happy to put a Dick Elliott sign in the window as well. The Representative said that didn't matter, but the Jenerette sticker had to go, otherwise he and Dick Elliott would run the business owner out of business.
Possible applicable statutes: SC Law SECTION 7-25-80. Threatening, intimidating, or abusing voters
Specification 17 - Organized Destruction, Theft, Vandalism of Property to wit: Election Material, Road Signs, Yard signs
Item 1: Within 12 hours of my 4x8 and 22x28 yard signs going up two weeks before the election, there was a concentrated and organized effort on the behalf of my opponent and/or his supporters to destroy, vandalize, and steal my election signs. Nearly every sign that was not on private property out of nearly 250 signs were destroyed, some cut - I have photos of two cut-up signs, knocked down or stolen. There can be no other explanation for the destruction, vandalism and theft of my signs of the magnitude, effort and speed of which this occurred throughout the district. Within three days, 6 of 11 4x8 signs went completely missing in the city limits of North Myrtle Beach. On a daily basis, my supporters had to hunt down, scab and repair, and replace signs throughout the district. Tearing down signs is not a political statement - it is a crime. I have pictures of mutilated and torn down signs. There can only be one party interested in preventing me from advertising my candidacy - I only had one opponent Senator Dick Elliott. On the other hand Senator Elliott's signs went undisturbed by me or my supporters from April; when he disregarded county and municipality ordinances, when he put his signs up until and after the election. Police Reports were made.
Specification 18 - Possible Violations of Voting Rights Act 42 U.S.C. § 1973
Item 1: Because of his deception of party affiliation, Sen. Elliott disenfranchised minorities among others of their voting rights to be able to make a proper choice of their candidate in this election. See the Bellamy letter, Specification 3 and 4.
Specification 19 - Armed Law Enforcement officer at Polling Place
Item 1: A poll watcher told me that at the West Loris Precinct, an armed plain clothes policeman stayed at the precinct all day. According to the poll watcher who was assigned to that poll, a poll worker asked the police officer what he was doing there, in which the police officer replied none of his business. It was soon learned that the police officer's name was Maurice Jones and that his wife Jenetta was the poll manager. When the poll closed at 7 p.m., the poll watcher noticed that Mr. Jones was writing down the license plate numbers of the poll watchers.
Possible applicable statutes: SC Law Section 7-13-160.
Specification 20- Offer of a Job
Specification 21 - Use of Public Employees and vehicles for the purpose of putting out and taking up election signs and material. (I have pictures)
Item 1: It has come to my attention that McColl city employees used city vehicles to place and take up election signs for Sen. Elliott under the Mayor of McColl's instruction. This was for the purpose of helping the Senator in his bid for re-election and not for removing signs in the right away.
Specification 22 - Voter Deception and or Fraud - In ALL Horry County Precincts. See Specification number 3 and 4, newspaper articles, Bellamy letter, more.
So what happened?
Posted on Wed, Dec. 08, 2004
http://www.myrtlebeachonline.com/mld/myrtlebeachonline/news/local/10365163.htm
State panel denies election appeals
Commission tosses one Horry County protest, rejects other
By Zane Wilson
The Sun News
COLUMBIA - The state Election Commission turned down protests from two Horry County legislative candidates Tuesday.
The panel ruled unanimously against a protest filed by Republican Senate candidate Katherine Jenerette and dismissed the protest from Democratic House candidate Dick Withington.
Withington did not attend the hearing, and commission Chairman Butch Bowers said he would entertain a motion for dismissal from Rep. Nelson Hardwick, R-Surfside Beach, who beat Withington in the House District 106 race.
Hardwick made the motion, and the board voted to accept it.
Withington issued a statement Tuesday afternoon saying he wanted the board to consider the merits of his protest and because it did not, he will appeal to the state House.
Jenerette, who sought the Senate District 28 seat held by Democrat Dick Elliott, filed a 13-page list of allegations of improprieties and other acts she said could have affected the outcome of the election.
She said she was surprised by "the high level of voter fraud" in the election.
"This is as blatant as Chicago politics," she said.
But she had no evidence the Election Commission would accept and did not present any witnesses.
Bowers would not allow Jenerette or her husband, Van Jenerette, to testify about things other people told them.
She brought a police incident report to submit as evidence that some of her allegations were being investigated, but the commission said that was insufficient evidence.
Most of Katherine Jenerette's argument was over theft and destruction of her signs, which she said could have affected the outcome.
When her signs were destroyed and vandalized, "this had a huge effect on people seeing them," she said.
Martin objected several times when she tried to discuss how the signs affected the race.
"These are very serious allegations," and they should not be heard without evidence to support them, Martin said.
The commission took about 15 minutes, deliberating in private, to rule against the protest. Members did not discuss the ruling in public and did not say why they voted it down.
Jenerette said the commission was fair and that she understood why they operated according to court rules.
"I am surprised that they didn't allow the police report," she said.
Elliott said no one in his campaign did anything improper.
"I'm delighted, and I'm ready to go to work," he said.
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Contact ZANE WILSON at 520-0397 or zwilson@thesunnews.com.
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