State deems ballot group's activities OK

COLUMBIA --- The government group administering the ballot initiative to incorporate three small Aiken County communities appears to have done nothing improper, the state Department of Revenue said.

The department had examined the Lower Savannah Council of Governments' Web site after state Sen. Greg Ryberg, R-Aiken, questioned whether the nonprofit had improperly engaged in political activity.

About 4,000 registered voters in parts of Vaucluse, Warrenville and Graniteville will be eligible to decide today whether the communities are incorporated into one.

Noting that the council is a 501(c)(3) entity, which includes tax-exempt, charitable organizations, Mr. Ryberg had questioned whether the council had overstepped its bounds by helping the Graniteville Town Incorporation Committee with its accounting in the run-up to the election.

In a letter last week, Rick Handel, the department's general counsel for policy, said such organizations can engage in political activities as long as they are not campaigning for a particular candidate.

"It does not appear that (the council) is involved in a 'political campaign,' " Mr. Handel wrote.

Mr. Ryberg also had assailed the council's refusal to reveal the names of all its donors, whose contributions to promote the incorporation effort total more than $40,000.

To that, Mr. Handel said, "There is nothing in the state income-tax law that would require the release of contributors' names, and to the extent we might determine the names, we would not be permitted to make them public."

He noted the state attorney general may determine whether the contributors' names must be disclosed under the Freedom of Information Act. The council had said the names could be kept secret, citing an exemption in the FOIA for charitable gifts.

On Monday afternoon, Danny Varat, a spokesman for Mr. Ryberg, and Connie Shade, the assistant executive director for the council, both said they had yet not seen the department's letter.

Reach Sarita Chourey at (803) 727-4257 or sarita.chourey@morris.com.