(A) Within 48 hours after the closing of the polls, any candidate may contest the result of the election as reported by the managers by filing a written notice of the contest together with a concise statement of the grounds therefor with the Berkeley County Voter Registration and Election Commission. Within 48 hours after the filing of the notice, the Berkeley County Voter Registration and Election Commission shall, after due notice to the parties concerned, conduct a hearing on the contest, decide the issues raised, file its report together with all recorded testimony and exhibits, with the Clerk of Court of the county, notify the parties concerned of the decision made and when the decision invalidates the election, the Council shall order a new election as to the parties concerned.
(B) Neither the Mayor nor any member of Council shall be eligible to pass on the issues arising in any contest in which the person is a party.
(C) Within ten days after notice of the decision of the Berkeley County Voter Registration and Election Commission, any party aggrieved thereby may appeal from the decision to the Court of Common Pleas. Notice of appeal shall be served on the opposing parties or their attorneys and filed in the office of the Clerk of Court within ten days. The notice of appeal shall act as a stay of further proceedings pending the appeal.
(Ord. 09-006, passed 10-13-2009)