CHERAW – The final and official results are in from Cheraw Town Hall and the Cheraw Election Commission that the Nov. 3 Cheraw Municipal Election stands correct and final. After the voting polls closed for the Nov. 3 Cheraw Municipal Election, as of 7 p.m. last Tuesday, Cheraw has now elected two new members to serve on the Town Council. Representing District two, Billy Wallace, defeated Robert Benton by 12 votes and in District six, Reid McBride, won with 146 votes to Mickey Workman’s 32. Benton said, “I don’t feel bad about it because I have a lot of faith in God. What happens; happens. I will continue to support the town and help in any way that I can, even as a non-council member.”
McBride also said, “I hope to maintain the voter’s confidence in me for the next four years as we work together to get Cheraw back on track.”
Councilwoman Jacqueline Ellerbe-Shannon, who won by two votes over her opponent, J.J. Wallace, for District 4, will continue on to serve another four-years.
“As your voice, I will continue to advocate for positive changes that will benefit all citizens in the Town of Cheraw. As always, I enjoyed the interaction with so many of the residents during this campaign period. Although this was a close race, I feel honored to serve the Town of Cheraw for another term. I appreciate all of the support I received,” said Ellerbe-Shannon.
J.J. Wallace said, “I was disappointed that I lost such a tight race but I think it needs to be addressed.” Wallace did address the issue by requesting an election protest hearing from the Town, which was granted and held last Friday. During the hearing, he contested the election results. He strongly asked the Election Commission for a continuance, due to his not having enough time to have his witnesses present to testify on his behalf. The Election Commission, which consists of Rev. Diane Charles, Cathy Melton-Bell and Brenda Gilliam-Ratliff, deemed the decision final that the election remains as it is, with Ellerbe-Shannon being the winner in District four. Therefore, his request for the continuance was denied based on policy and that protests be resolved within a 48-hour period.
“We are basing our evidence only on what we have seen and heard today during this protest hearing,” said Election Chairman Diane Charles.
Wallace was informed that he could appeal the decision that was made by the Election Commission, if he chose to do so. Cheraw’s Town Attorney, Anthony Harris of Harris, McLeod and Ruffner, was also present to provide any legal input during the hearing.
Listed below are only two of several of Wallace's concerns in which he contended the following could have occurred:
The uncertified vote count being 54-52, that evidence of a margin error clearly exists, that shows that the outcome of the race could have been altered by a combination of simple human error and/or electronic voting system error;
At least one under vote was recorded by the electronic voting system, which is defined as being by the United States Election Assistance Commission in the 2005 Voluntary Voting System Guidelines as being:
(a)The voting system shall provide feedback to the voter that identifies specific contests or ballot issues for which he or she has made no selection or fewer than the allowable number of selections (e.g., undervotes).
(b)The one write-in vote was recorded, which could conceivably alter the outcome altogether of the race in question, depending on voter intent.
The protest document also states that Wallace contested that Ellerbe-Shannon, under Municipal Election ordinance of the Town of Cheraw, was not duly qualified to have been placed on the ballot, as candidate J.J. Wallace and the Town officials who have long been aware of, since at least, June of 2008 and before the allege.
Ellerbe-Shannon responded to Wallace’s allegations of her not being a qualified candidate. According to Ellerbe-Shannon, her rebuttal stipulated that since no ballot was provided to the person who was told by a man in a car to vote in District six, therefore, this issue should not be addressed.
At press time, Billy Wallace and Mickey Workman could not be reached for comment. The newly elected Town Council members will begin their terms in January of 2010.