State v. Williams

• Decision Date: 12 July 1930
• Docket Number: 12948.
• Citation: 154 S.E. 164,157 S.C. 290
• Parties: STATE ex rel. HARRELSON v. WILLIAMS, Mayor, et al.
• Court: South Carolina Supreme Court

154 S.E. 164

157 S.C. 290

STATE ex rel. HARRELSON v. WILLIAMS, Mayor, et al.

No. 12948.

Supreme Court of South Carolina

July 12, 1930

Application for writ of mandamus by the State, on the relation of R. B Harrelson, against R. J. Williams, as Mayor, and J. H. Kirby and others, as Aldermen, composing the Town Council of the Town of Mullins, and Lawson Jordan.

Writ issued, directing town council to order a special election for Mayor of the Town of Mullins for the next ensuing term.

A. F Woods, of Marion, for relator.

James C. Hooks, of Mullins, and Lide & McCandlish, of Marion, for respondents.

GRAYDON A. A. J.

This is an action brought in the name of and with the consent of the Attorney General of the state of South Carolina ex rel. R. B. Harrelson against the mayor and aldermen of the town of Mullins, S. C., requesting the issuance of a writ of mandamus by this court to compel the town council of the town of Mullins to order and hold an election for mayor for the next ensuing term as required by law. The relator in this case has followed the procedure laid down in the case of State ex rel. Culp v. City Council of Union, 95 S.C. 131, 78 S.E. 738. The statute provides that an election shall be held for the town council for the town of Mullins on the second Tuesday in January every two years (section 4558, vol. 3, Code of 1922; amended February 19, 1929, 36 Statutes, p. 77).

The Democratic party on December 17, 1929, held a primary election in the town of Mullins for the purpose of nominating a mayor and six aldermen to participate in the general election for the ensuing term commencing June 10, 1930. There were six hundred and ninety-eight votes cast in this primary election of which Lawson Jordan received three hundred and eighty votes and R. B. Harrelson received three hundred and eighteen votes. The method of holding and the result of this Democratic primary is not here in question. The sole question before this court is whether or not Lawson Jordan, who received the nomination of the Democratic party, is and was qualified on January 14, 1930, to be elected mayor of Mullins, S. C.

It is admitted by all parties that the books of registration for this municipal election were duly opened in accordance with law and that the books of registration closed in accordance with law in December, 1929, thirty days before the general election. At such registration sixteen persons were duly registered for the general election to be held in the town of Mullins on January 14, 1930. Lawson Jordan did not present himself for registration and did not secure a municipal registration certificate, although it is admitted that he was a duly registered elector for the State and county. All of the votes cast in the general election were for Lawson Jordan.

It will be observed here that the qualifications for registration in the county and state are slightly different from the qualifications for registration in a municipality. In a municipality a person presenting himself for municipal registration is not only required to have a certificate from the registration officers of the county, but he must show further that he has been a resident within the corporate limits of the town for at least four months before the election, and that he has paid all taxes due and collectible for the preceding fiscal year.

It would be well here to again call attention to the distinction between a qualified elector and a qualified voter. In a county or state election a person may be a qualified elector and yet not be a qualified voter, because, in addition to being, registered, he must show at the time he presents himself to vote that he has paid all taxes assessed and collectible during the previous year. Watson v. Spartanburg County Board, 141 S.C. 347, 139 S.E. 775.

So therefore, we may have a qualified elector under the county and state law who is not a qualified voter. In a municipal election when a person applies for registration he is required to prove the payment of taxes during the preceding year as a condition precedent to obtaining a municipal registration certificate, and the...