Tag: election protest

Lazarus Letter to S.C. Election Commission Executive Director has Odor of Sour Grapes

Mark Lazarus sent a letter to South Carolina Election Commission Executive Director Howard Knapp last week expressing dissatisfaction with the explanation the commission gave to Horry County Council for the mishandling of approximately 1,400 ballots in the June 2022 primary runoff elections.
The letter included the following statements, “I am disappointed in the state election commission’s refusal to ensure this election be conducted in a fair and competent manner, or to offer any remedy to legitimize this election that was tainted by a failed absentee ballot outcome…The Election Commission claims in their response such an error is “unacceptable,” and yet the commission deems as acceptable the skewed election results it produced?”
And
“Now that the state election commission has admitted the mishandling of 1,400 Republican ballots in the Horry County Council chairman’s race that was determined by about 250 votes, what will be done to remedy this election and determine who really won…I look forward to your response in how this situation can be remedied, and the 1,400 absentee voters’ rights and votes are restored to this race.”
The first thing that must be stated is Johnny Gardner won the election. There is no question of that fact. The wrong ballots were initially mailed to approximately 1,400 Republican voters. However, there is nothing on record to indicate even one vote cast, as stipulated in state law, was not counted. There are no remedies necessary nor 1,400 missing votes to be restored!

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Lazarus Drops Appeal, Concedes Gardner Victory

Horry County Council Chairman candidate Mark Lazarus dropped his election protest appeal Tuesday acknowledging his second defeat by incumbent council chairman Johnny Gardner in as many elections.
This is the third election Lazarus lost for county chairman. In all three losses, Lazarus investigated protesting the results, which demonstrates Lazarus’ inability to accept the reality of defeat.
The Horry County Republican Party Executive Committee properly dismissed the Lazarus election protest last week because the initial protest notice was filed one day after the deadline mandated by state law. Lazarus appealed that decision to the South Carolina Republican Party Executive Committee, but apparently had a change of heart as the appeal hearing approached.
Lazarus never had a legal protest because it was filed one day after the deadline mandated in state law and confirmed by the S. C. Election Commission published election calendar. The initial protest was filed on Tuesday July 5 rather than the deadline of noon Monday July 4.
Apparently, someone finally convinced Lazarus and his attorney Butch Bowers that 4 does not mean 5, Monday does not mean Tuesday and there was no way to win the protest appeal. It was time to stop publicly embarrassing themselves.

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Lazarus Appeals HCGOP Denial of Illegal Election Protest Amid Apparent Misrepresentation of Facts

Mark Lazarus has appealed the decision of the Horry County Republican Party Executive Committee to deny his request for a new runoff primary election for county council chairman.
A hearing of the appeal has been scheduled before the South Carolina Republican Party Executive Committee on Thursday July 14, 2022, in Columbia beginning at 6:30 p. m.
However, there is no legal basis for the SCGOP Executive Committee to hear that appeal.
The formal appeal document, prepared by Lazarus attorney Butch Bowers, contains apparent false statements about facts which render the entire protest and appeal process null and void.
The HCGOP Executive Party voted 40-5 with two abstentions to dismiss the protest on the grounds that it was not filed by the deadline mandated in state law.
State code Sec. 7-17-520 states, “The protests and contests in the case of county officers and less than county officers shall be filed in writing with the chairman of the county party executive committee, together with a copy for each candidate in the race not later than noon Monday following the day of the declaration by the county committee of the result of the election.”
Bowers did not file the election protest until 8:35 a. m. Tuesday July 5, 2022, in an electronic notification sent to and verified by the Horry County Sheriff’s Office.

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Lazarus Election Protest Dismissed by HCGOP Because Filing Deadline Missed

The Horry County Republican Party Executive Committee voted 40 to 5, with two abstentions Thursday night, to dismiss the election protest filed by defeated county chairman candidate Mark Lazarus.
The protest was dismissed not because of reasons cited in the protest filing, i.e. 1377 incorrectly mailed absentee ballots, 208 absentee ballots that arrived after the cutoff deadline for counting or an alleged 1027 disenfranchised voters.
No. The protest was dismissed for one very simple reason – It was filed too late. The protest missed the filing deadline mandated in state law by 20 hours and 35 minutes. And the protest filing itself contains all the evidence necessary to support its dismissal. (A picture of the email that included the electronic filing with the Horry County Sheriff’s Office is attached below.)
The pertinent section of state law relating to notice of protest of a partisan party primary or primary runoff states:
“SECTION 7 17 520 (Code of Laws of South Carolina) Protests and contests generally; filing and service.
“The protests and contests in the case of county officers and less than county officers shall be “filed in writing with the chairman of the county party executive committee, together with a copy for “each candidate in the race not later than noon Monday following the day of the declaration by the “county committee of the result of the election. Service may be perfected by depositing with the county “sheriff a copy of the protest for the chairman together with a sufficient number of copies to be served “upon all candidates in the protested or contested race.”

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Lazarus Election Protest Uses Supposition and Speculation Not Facts

The protest by candidate Mark Lazarus of the certification of the election results for the primary runoff election for Horry County Council Chairman will be heard at 6 p.m. Thursday July 7, 2022, by the Executive Committee of the Horry County Republican Party.
The protest brief, prepared by attorney Butch Bowers of Columbia, appears to be an amalgam of speculation and supposition rather than a protest based on hard facts.
At issue are 1377 absentee ballots sent to Republican voters. According to the Horry County Voter Registration and Elections Department, Democratic ballots were initially sent to the Republican voters. When the mistake was discovered, Republican ballots were sent.
According to the protest brief, 140 of those absentee ballots were received by the county elections office prior to close of polls on election day. Those ballots were included in the vote totals of the primary runoff election for county chairman.
State law is quite specific, absentee ballots must be checked that the ballots were signed by the voter to whom issued and witnessed by a different person with the witness address included with the ballot. In addition, only absentee ballots received by a county election office prior to close of polls on election day may be counted in vote totals, according to state law section 7-15-420.

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