Residents ask Supreme Court to seat Pierce as Atlantic Beach mayor

Two Atlantic Beach residents filed papers Friday asking the state Supreme Court to issue an emergency injunction in the town’s mayor’s race. The petition asks the court to seat Councilwoman Retha Pierce as the new mayor of Atlantic Beach.

Patricia Bellamy, and Nicole Kenion filed the request for an injunction on Dec. 10 with the court and was filed with the Supreme Court on Dec. 12.

The filing comes within days of the Dec. 2 special election ordered earlier this year after the Nov. 2007 race was decided by a single vote in favor of Pierce.

Pierce defeated Armstrong by one vote in November 2007, but Armstrong protested the election.

Circuit court judge Michael Baxley ordered the new election in an order handed down on April 16 citing recent legal troubles with the two candidates for mayor and the allegations of voter bribery.

The Nov. 2007 race was between incumbent mayor Irene Armstrong, Pierce, and a write-in candidate.

Baxley’s order was for a new election in the town and also opened up candidate filings for the mayor’s seat.

In an appeal to the state Supreme Court, Pierce asked the court to uphold the Nov. 2007 results and to not reopen candidate filings in the race.

The Supreme Court upheld Baxley’s decision to order a new election, but the justices said Baxley did not have the authority to reopen candidate filings, which kept Pierce and Armstrong’s names on the ballot, along with a write-in candidate.

There are 374 registered voters in Atlantic Beach and 71 votes in the Dec. 2 race, which Pierce fell just one vote shy of winning the majority of votes in the race, forcing a runoff between Pierce and write-in candidate, mayor pro-tem Charlene Taylor.

There were 11 absentee ballots cast in the race, including one from incumbent mayor Irene Armstrong and another form mayor pro-tem Charlene Taylor, who ran as a write-in candidate.

The Dec. 12 filing with the Supreme Court asks that justices issue a temporary or permanent injunction in the mayor’s race.

The filing asks the court to issue a declaration that Pierce defeated Armstrong by a vote of 37 to 2, and accused Armstrong of a “scheme to violate the court’s order.”

In the filing, Taylor, former interim town manager Charles Williams, Armstrong, town attorney Amanda Bailey, Horry County Elections Commission director Sandy Martin, and the state Election Commission, are all listed as defendants in the case.

The request states that the Armstrong selected Taylor as “Her proxy or replacement in the election,” according to the copies News13 obtained from the Horry County Election Commission Friday.

In March, the 15th Circuit Solicitor, Greg Hembree, sought and secured indictments against the town’s manager and mayor.

Ex-mayor Armstrong faces three counts of voter bribery and charges that she misappropriated public funds.

All parties involved in the case have until noon Monday Dec. 15 to file rebuttals in the case.

The runoff election between Pierce and Taylor is set for Dec. 16.

You can count on News13 to continue to follow this story as it develops.