The new Columbia City Council, from left: Sam Davis (District 1), Leona Plaugh (District 4), Brian DeQuincey Newman (District 2), Tameika Isaac Devine (at large) and Steve Benjamin (mayor). Not pictured: Belinda Gergel (District 3) and Daniel Rickenmann (at large).

Columbia City Council is back to full strength after District 2 City Councilman Brian DeQuincey Newman was sworn in last night to fulfill the remaining two years of former Councilman E.W. Cromartie’s term.

Cromartie, as I’m sure most of you know, was forced to resign in March after he agreed to plead guilty to federal tax evasion charges. He has not been sentenced yet.

Newman was sworn in by his father, Circuit Court Judge Clifton Newman. Judge Newman said it was 10 years and one month ago that his son held the Bible for him as he was sworn in as a judge. It was a nice moment.

During his speech, Newman called Cromartie the “most effective councilman in our history,” which earned a few “that’s right” from people in the audience, made up of mostly longtime District 2 residents. His comment got at least one opposite response from a Twitter user, showing that Cromartie is still a divisive figure in city politics.

Newman ended his speech this way:

“The election was the easy part. The hard work begins now.”

His first council meeting will be Wednesday at 9 a.m. An agenda has not been released yet.

Can’t wait that long? All sides have filed legal briefs with the court. Click the links below to read them:

Durham Carter’s brief (asking the court to order the election for April 6)

Paul Denman’s brief (asking court to postpone April 6 election)

City of Columbia’s brief

Columbia Election Commission brief

Some background in case you forgot:

E.W. Cromartie resigned from City Council and is headed to prison on federal tax evasion charges. The city scheduled an election to replace him for April 6. Paul Denman sues, saying the election is too soon. Durham Carter also sues, saying the city must hold the election on April 6. Judge James Barber rules in favor of Denman. Carter appealed to the South Carolina Supreme Court. He had to file his legal brief by noon today.

Denman’s brief is due by noon tomorrow.

The law requires a vacancy on City Council to be filled at the next regular election if that vacancy occurs less than 180 days before the regular election. Scott’s bill would change the law to require a vacancy to be filled in a special election if that vacancy occurred with 60 days or less from the next regularly scheduled election.

The proposed bill, which I have taken the liberty to nickname “Cromartie’s law,” is below:

INTRODUCED

March 18, 2010

S. 1299

Introduced by Senator Scott

S. Printed 3/18/10–S.

Read the first time March 18, 2010.

A BILL

TO AMEND SECTION 5-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR FORFEITURE OF THE OFFICE OF MAYOR OR COUNCILMAN AND THE FILLING OF A VACANCY IN EITHER OFFICE, SO AS TO PROVIDE AN ADDITIONAL PERIOD OF TIME THAT MAY BE UTILIZED TO FILL A VACANCY IN EITHER OFFICE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 5-7-200 of the 1976 Code is amended to read:

“Section 5-7-200.    (a)(A) A mayor or councilman shall forfeit his office if he (1) lacks at any time during his term of office any qualification for the office prescribed by the general law and the Constitution; (2) violates any express prohibition of Chapters 1 to 17; or (3) is convicted of a crime involving moral turpitude.

(b)(B) A vacancy in the office of mayor or council shall be filled for the remainder of the unexpired term at the next regular election, or at a special election if the vacancy occurs one hundred eighty days or more prior to the next general election, or within sixty days of the next regular election.”

SECTION    2.    This act takes effect upon approval by the Governor.

Notice who is not on that list: Ernest Cromartie III, E.W. Cromartie’s son.

Howard said the election, scheduled for April 6, does not give him enough time to run a campaign.

“I just think it’s going to get a lot crazier before it gets better,” he said.

Howard did not know about Paul Denman’s lawsuit, which is scheduled to go before a judge Thursday morning. But Howard said even if the April 6 election is halted, the council seat will be up for reelection in 2012. He might run then instead.

Also, WIS is reporting Cromartie was not at the meeting.

Click here to ready today’s story, which references the meeting.

Now that the election is (tentatively) set for April 6th, filing for the seat officially opens at noon Monday and closes at noon March 19th.

Here are the candidates I know about:

Chris Barcazk — real estate appraiser, ran for the Tameika Isaac Devine’s at-large seat in 2006 and lost. He does not live in the district, but he does own a house there and could move there to launch his campaign.

Brian DeQuincey Newman — Former Richland County prosecutor, now a personal injury and criminal defense attorney in private practice with Rikard & Moses. He is the nephew of legendary S.C. civil rights icon I. DeQuincey Newman.

Harold “Puff” Howard — owner of Puff Howard’s Towing and Howard’s Garage on Two Notch Road. He is the brother of State Rep. Leon Howard, the former chairman of the Legislative Black Caucus.

Laddie Howard — Former lobbyist with the S.C. Association of Counties, now runs his own lobbying business whose clients include the South Carolina Equality Coalition. Howard is not related to Puff Howard or Leon Howard.

UPDATE: Because so many of you have asked, I haven’t been able to reach Cromartie’s son, Ernest Cromartie III.

Before his resignation today amid charges of federal tax evasion, Cromartie presided over one last City Council meeting and ended it with one last speech.

Click here to hear it.

Here’s what the state law says about special election:

A vacancy in the office of mayor or council shall be filled for the remainder of the unexpired term at the next regular election or at a special election if the vacancy occurs one hundred eighty days or more prior to the next general election. (5-7-200)

If Cromartie resigns with less than 180 days left before the next general election, city voters can elect his replacement during the general election. If he resigns with more than 180 days left before the general election, the city must hold a special election.

The city’s next general election is April 6, 28 days away. That’s less than 180 days, which means the election will be on April 6, right?

Not necessarily. There comes a point when it would be impossible to hold the election on April 6th because it would be technically impossible. The city wouldn’t have enough time to hire poll workers, train them, print ballots, etc.

The question is, if Cromartie were to resign today, is 28 days enough time to hold the election April 6? City Council will have to decide, and it won’t be easy. Any decision they make will likely be roundly criticized. If the election is April 6, it will ensure a higher turnout in district 2, which would affect the mayor’s race. If council opts for a special election, it would cost more money and suffer from a lower voter turnout.