New election ordered for Atlantic Beach mayor's race

The 15th Judicial Circuit's administrative circuit judge, Michael Baxley, ordered a new trial in the contested mayor's race from Atlantic Beach, according to a certified order News13 obtained from Horry County clerk of court, Melanie Huggins Wednesday.

The town's election commission ordered a new election in November after incumbent mayor, Irene Armstrong, lost the election to town councilwoman, Retha Pierce, by one vote.

Both appealed the commission's decision to hold a new election to the 15th Circuit court on Nov. 26, 2007.

Baxley ordered a new election for the town, with a reopening of the candidate filing period, and the order will allow Horry County Elections Commission to conduct the new election.

Pierce beat Armstrong by a vote of 71-66, but Armstrong challenged 10 votes, but the town's election commission only certified four of the 10, which made the vote totals 71-70.

The town's election commission certified the results on Nov. 15, 2007, but following a protest hearing, the commission ordered the new election, which led to the appeals from Armstrong and Pierce.

Baxley's order mention's the indictments that an Horry County grand jury handed up against Pierce and Armstrong.

The grand jury indicted Pierce in connection to a traffic stop on Dec. 25, 2007 where Horry County police charged her with resisting arrest and reckless driving.

The same grand jury indicted incumbent mayor, Armstrong last month and charged her with paying two Atlantic Beach residents $30 for votes in the mayor's race and one vote for her brother, Jake Evans, in the town's council race.

Baxley's order said the indictments have little on his order, "This Order is not to be construed as this civil court taking a position with regard to the merit of these criminal allegations. However, these charges have so undermined the public confidence in the previous election process and the present candidates that this court invokes its equitable powers to ensure the integrity and sanctity of the electoral process."

News13 tried contacting Pierce by phone Wednesday, but as of this posting our phone call was not returned.

News13 spoke with current councilman Donnell Thompson, who has supported Pierce in her bid for the mayor's office.

Thompson said he's pleased that this would guarantee change for the town of 381 people, and Thompson added that he has not ruled out a run for the seat.

Thompson told News13, "I have to look at where I feel that I could do the most good for Atlantic Beach. As mayor, I couldn't do much more than what a councilmember could do, but there is certainly going to be change."

Baxley's order states that the closeness of the election, the questions about residency status of certain votes, the fraud charges, all make the election suspicious and a new election should be held because, "There is no more fundamental right accorded to the citizens of this democracy than the right to choose those who shall govern, and to do so in a free and fair election, according to the order.

The order said Atlantic Beach agreed to allow the county election commission to conduct the new election.

No word yet when the election commission will open for candidate filings or the date when a new election will be held.