Gecy v. Bagwell

642 S.E.2d 569, 372 S.C. 237 (2007)

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Gecy v. Bagwell

South Carolina Supreme Court
642 S.E.2d 569, 372 S.C. 237 (2007)

Facts

In 2005, Tammy Bagwell (plaintiff) was a candidate for the Ward IV seat on the Simpsonville City Council. Bagwell was running against incumbent Robert Gecy (defendant). After the election results were tabulated, Gecy received 430 votes, the majority of the total votes cast, whereas Bagwell received 427 votes. One write-in vote was submitted in favor of a third individual. Gecy ultimately won the election. Bagwell timely filed a protest with the Simpsonville Election Commission (the commission). After a hearing, the commission determined that two of the votes were illegally cast by voters who did not vote in the correct precinct and did not notify election authorities of an address change. The commission deducted the two votes from Gecy’s total vote count. With the subtraction of these two votes, Gecy no longer received the majority of the total votes cast. The commission ordered that a new election be held. Gecy appealed to the circuit court. The circuit court overturned the commission’s order and reinstated Gecy into the city council seat. Bagwell appealed to the South Carolina Supreme Court, seeking a new election for the Ward IV seat.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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