BERKELEY COUNTY, S.C.—On Tuesday, Amy Kovach appeared inside a Moncks Corner courtroom where her lawyer has requested that one of two charges against her be dismissed.
Her attorney reportedly made a motion before a circuit court judge to drop the charge against Kovach that claims she used public funds to influence the outcome of an election during the ‘Yes 4 Schools’ campaign.
In a report by WCBD-TV, Jerry Theos told Circuit Judge Roger Young that the law Kovach is accused of violating does not apply because this was a bond measure, not an election. He said even if it did apply, she was only informing the public, which is her job duty.
“When you say, vote yes for schools. Support this referendum. Defeat the opponents. That sort of thing is expressed advocacy. That’s far different from saying, ‘Here are the facts. Here are the needs the school district has. Here’s our budget,'” the state’s attorney told the court.
Channel 2 also reported that several elected officials were also in court—including State Senator Larry Grooms who reportedly wanted to see if the judge agrees that government resources can be used to influence an election.
“If the judge decides that an entity can, then this opens up Pandora’s box. That means that a school district can spend unlimited taxpayer resources to defeat or elect candidates of their choice,” Grooms told reporter Raymond Owens.
According to Live 5 News, the judge did not make a decision on Tuesday.
Kovach is also facing a forgery charged.
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