By Betsy Finklea
A protest was heard in the Dillon County Council District Four Race on Thursday.
Buzzy Finklea, a candidate in the District Four race, was protesting on the basis that Brad Coward does not have a valid voter registration and should not have been allowed on the ballot because his voter registration is at his business address in a core commercial zone and not a residence.
The Democratic Party Executive Committee ultimately decided to uphold the election. Only three members showed up to hear the protest–Dr. Rodney McCorkle, chairman; Cynthia Pernell, vice-chair; and Kathy Smith. There are 19 election precincts.
At the beginning of the hearing, Attorney Trey Cockrell of Chesterfield, who was representing Brad Coward, made a motion to dismiss the case saying that Coward had not been served with the petition. He handed up case law and said because of this he felt the case must be dismissed. Brad Coward was not present at the hearing.
The moderator told Finklea that Coward had not been served with the proper documentation to start this hearing. She said clearly he somehow knows about it.
She swore Dr. Rodney McCorkle, Democratic Party Chairman, to ask him some questions regarding the issue of service of the paperwork. He said he did nothing to get Coward served. She asked if this protest was served with the Sheriff of Dillon County.
She then questioned Finklea about the paperwork after she swore him in. Finklea said that he deposited the copies of the protest with the Dillon County Sheriff’s Office. He said the Sheriff’s Office was going to serve Dr. McCorkle. He was out of town, and they served it on the Vice-Chair Cynthia Pernell. Finklea said according to the law it was the Democratic Party Chair’s responsibility to have it served on Coward. He said additionally he emailed it to Dr. McCorkle. He said it was the Democratic Party’s duty to serve it on Brad Coward.
The moderator denied Cockrell’s motion on subject matter jurisdiction.
Finklea said the point he is arguing is that Brad Coward not a qualified elector because 304 South Marion Street, Latta, is in a core commercial district and cannot be the address for which he registers to vote because the law says it must be a residence, and therefore, his voter registration is invalid.
Finklea said he reason has nothing to do with whether he resides at 306 South Marion Street, Latta, which he does not. He resides at 238 Emmanuelville Loop, Dillon. The reason that he cannot live at 306 South Marion Street, Latta, is because it is not a residential district, it is zoned as a commercial district by the Town of Latta as shown on this map.
He presented a copy of the Town of Latta zoning map for this area where the core commercial district was outlined with an X denoting Coward’s claimed residence.
Finklea said the Town of Latta defines a commercial district as as a district “established to encourage the maintenance and expansion of a centrally located trade and commercial service area. These regulations are designed to protect the essential characteristics of the district by promotion of business and public uses which serve the general public and to discourage developments or uses which do not lend themselves to pedestrian traffic.” The permitted uses include: Banks and other financial institutions including loan and finance establishments, barber shops and beauty shops, commercial recreation, clubs and lodges, offices (business professional, governmental, dental, and doctors), restaurants, hardware stores, hotels, libraries, printing establishments, repair shops including automotive, taxi stands, theatres, police and fire stations, post offices, museums, various retail stores, etc. There is no mention of a residence because this is a commercial, not residential, zone, Finklea said.
Finklea said Coward does not even make the pretense that it is a residence, Finklea said, as he has a sign placed on the building designating it as a business office as shown in two photos that Finklea presented.
Another way to look at it is this. If you work at Wal-Mart, you could not use Wal-Mart’s address to register to vote because this is your place of employment and not your residence. It is zoned in a commercial district.
Mr. Coward cannot use 306 South Marion Street, Latta, as his residential address because it is his business and in a commercial district.
Therefore, if he cannot live there, he cannot register to vote there either. You must register at your residence. This would make his voter registration invalid and therefore, he is not a qualified elector. On that note, he is probably not legally serving as a Latta Town Councilman because he is not a qualified elector and he should not have been allowed to register as a candidate because he has no valid voter registration because he has to register at a residence address not a business address.
The S.C. Constitution Article VI, Section 1 says “No person may be popularly elected to and serve in any office in the State unless he is registered to vote in the geographical area represented by the office.”
Mr. Coward’s first home cannot be 306 South Marion Street, Latta. It is a business in a commercial district. Again, the Town of Latta zoning map shows this as a commercial district and not a residential district.
Finklea said on scvotes.gov, the S.C. Election Commission website, it states:
“You must register at the address where you reside. For guidance in determining what residence to claim for voter registration purposes, see S.C. Code of Laws Section 7-1-25.”
SECTION 7-1-20 of the S.C. Code of laws “Voter”, “registered voter”, “elector”, “registered elector”, “qualified elector”, or “qualified registered elector” means a person whose name is contained on the active roster of voters maintained by the State Election Commission and whose name has not been removed from the roster for any of the reasons named in Section 7-3-20(D)(5) and who possesses a valid registration certificate.
Finklea showed a copy of the voter registration roster showing that Coward registered at 304 South Marion Street, Latta.
SECTION 7-1-25 states that a “A person’s residence is his domicile. “Domicile” means a person’s fixed home where he has an intention of returning when he is absent. A person has only one domicile.”
Cockrell made a motion to dismiss for failure to state claim of relief in this matter. He said his understanding of the argument is that no voter can reside in a commercial district and that invalidates all people who have a home in a commercial district. He said that is absolutely not the law as he understands it whether this is a commercial district or not that this home is older and would be grandfathered in. He said South Carolina law allows you to live in a cardboard box if that it what you have for a home. A hotel or apartment complex can be a home and would invalidate every vote in that commercial district. He said that there is no relief that can be granted based on the complaint that he has made.
The moderator said Cockrell made another motion to dismiss Finklea’s case and that it is overbroad.
Finklea said nobody lived in there for years after it was zoned and if somebody had been living there that would have been different. Later on the house was bought by the Cowards and they rented it to someone. He said but there was a lapse and you cannot go back. Finklea said he was on the Latta Town Council when the zoning was set up.
Cockrell said once something is grandfathered in, it is grandfathered in in the best interest of the best use of the property. he said Finklea’s thought would be contrary to public policy.
Finklea said he lives at 427 West Main Street in Latta. He said he lives in Latta. He said across from his house there was a little eating/hot dog place across the street, and it was grandfathered in, but when the owner went out of business. Somebody else tried to buy it after a period of time that it had been closed and the town wouldn’t allow him to do it because they said it was grandfathered in for him and not for future use. He said he was going by what the town had already done.
Finklea also entered in to evidence the town code he read out as to the definition of core commercial.
Cockrell then asked a few questions and presented his client’s position. He made a motion for a directed verdict. He then asked a few questions to Finklea.
Cockrell asked Finklea how long he had known Coward. Finklea said about 20 years. Cockrell asked him if it was his position that Coward was not a valid voter. Finklea said that his registration card is invalid because he lives in a core commercial district instead of a residential district. He asked if there was any other reason that he was saying that Coward was not a valid voter. Cockrell asked if he was qualified in every other way other than where he resides. Finklea said as far as he knew. Cockrell asked Finklea if he realized that Coward had lived at that residence since August 19, 2022. Finklea said he said he has lived there, but he has not lived there.
Cockrell presented the form that Coward filed to run for office and a change of address form. Finklea said voter registration didn’t check to see if it was residential and that’s why they allowed him to do this. Finklea said they made a mistake when they certified it.
Cockrell asked Finklea when he first become concerned that he believed Coward was living in a commercial area. Finklea said it was right before the election. He and his daughter were riding by and he said that’s where Brad Coward lives and then she said isn’t this a commercial district. He said that’s when it struck him.
Cockrell asked if Finklea petitioned the County Election Commission to challenge his voter registration. Finklea said no. Finklea said he didn’t have time. The ballots were already printed. They were going to vote the next day. People had already been voting absentee ballots for a while and early voting was done.
Cockrell asked Finklea what agency he believed was in charge of determining whether a voter registration is valid or invalid. Finklea said he felt like the Democratic Party should do it and before the ballots are printed the Election Commission should do it.
Finklea said he thinks both took for granted that it was residential.
Cockrell asked Finklea if he was upset with voter registration for issuing Coward a voter registration at this address. Finklea said yes. Cockrell said so the county election commission messed up. Finklea said the Democratic Party messed up too.
Cockrell asked other than the fact that he is domiciled at 304 South Marion Street, is there any other reason to disqualify him. Finklea said no.
Cockrell gave a statute for the record that stated that someone does not have to be qualified until the time of the general election. He read part of Section 7-13-350 which states: “Any candidate who does not, or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office for which he has filed shall not be nominated and certified, and such candidate’s name shall not be placed on a general, special, or municipal election ballot.”
Cockrell said this is a primary election, correct. Finklea said yes. He said so you would agree the general election is in November. He said let’s say you’re right, he can’t live there. He said he can fix that right. Finklea said yes. Finklea said a way he could fix that is to appeal to the zoning commission and they make a recommendation and the town council votes on it or he goes somewhere else and buys a house. Cockrell said the time for this objection to be addressed is at the general election. Finklea said he shouldn’t have been put on the ballot in the first place. Somebody didn’t check it out.
Cockrell concluded his questioning. Two questions were asked by Kathy Smith about the commercial zoning and residency and voter registration.
Cockrell then made some concluding remarks about the statute and asked for a dismissal.
The Executive Committee went into executive session and then came out with their decision. All three members present voted to uphold the election.
Finklea questioned why only three of 19 precincts were present. The moderator said the party has determined in the past that it does not have to have a quorum for this meeting. With no further questions, the meeting was adjourned.
