Douan v. Charleston County Council

W.J. Douan et al. (“Petitioners”) challenge the State Election Commission’s decision to uphold the election results for the Sales and Use Tax Referendum (“Referendum”) presented to voters during the 2002 general election in Charleston County.

Factual/Procedural Background

In 1995, the General Assembly enacted S.C.Code Ann. §§' 4-37-10 et seq. (Supp.2002) to provide counties with an optional method of financing transportation facilities. Section 4-37-30 empowers counties to impose a sales and use tax in order to raise revenue for transportation related projects. Section 4-37-30 provides, in…