ST. GEORGE – Monday’s regularly scheduled meeting of St. George Town Council was canceled three hours beforehand, after the candidate, whose election as mayor was upheld last week by First Circuit Court Judge James Williams, received a temporary injunction.

Anne Johnston was declared the winner of the April 3 nonpartisan election last week, when Williams reversed the 2-1 decision of the Municipal Election Commission that had ordered a new election.

According to Mayor David Sojourner, who had not run for re-election, Johnston sought the injunction when she realized that, according to the council agenda, she would not be sworn in as mayor at the meeting. However, the election of a mayor pro tem and the appointments of council committees were scheduled.

“Mrs. Johnston took out a restraining order to block the Town Council from meeting,” Sojourner confirmed Monday night. “The judge issued an order saying that there is not to be another election. But, Charles Frazier, Kenny Pendarvis (the other two candidates) and the Election Commission have 30 days in which to appeal. These 30 days have not expired. ... We were all set to go and around 4 p.m. we were served with a restraining order that we couldn’t have the Town Council meeting tonight.”

A hearing on the matter is scheduled before Williams at 2 p.m. Tuesday in the Orangeburg County Courthouse.

According to Sojourner, the town’s attorney from Haynesworth, Sinkler and Boyd, advised that the new mayor not be sworn in until the 30-day appeals period had expired.

“So, we figured we got 30 days to wait, unless we received a notarized affidavit (that no one would appeal). No one has appealed yet, but we have 30 days from May 9,” he said. “If we swear somebody in, then we’ve got more trouble.”

Johnston could not be reached Monday night for comment.

In the April election, she received 323 votes to 312 votes for Frazier and 40 votes for Pendarvis. Both Frazier and Pendarvis filed protests, alleging that voting irregularities occurred and that there were problems with voting machines.

In his May 9 ruling, Williams stated that the Municipal Election Commission had erred in setting aside the result and ordering a new election and that Johnston be declared the winner.

T&D Government Writer Tucker Lyon can be reached at tlyon@timesanddemocrat.com or by calling 803-533-5545.

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