FLORENCE, S.C. — Florence One Schools board member E.J. McIver is registered to vote in Florence County.
McIver was arrested on the morning of Sept. 26 at 102 Kenton Place in Goose Creek, a suburb of Charleston.
During the arrest, McIver’s wife allegedly stated that the couple had nothing to do with Florence other than McIver serving on the school board and that they lived at the Goose Creek residence.
This led some members of the community to question whether McIver is eligible to be a member of the school board.
However, the arrest warrants obtained by the Morning News on Monday list McIver’s address as 706 Carver St. in Florence.
The Morning News was subsequently able to verify that McIver is registered to vote at the Carver Street address and is not registered to vote in Berkeley, Charleston, or Dorchester counties.
South Carolina Code implies that a member of a school board must be a qualified elector. Qualified electors must be over 18 and registered to vote a precinct in the county in which they intend to vote.
McIver is registered to vote in Florence Ward 3, which votes at Carver Elementary School.
McIver was arrested on Sept. 26 and charged with embezzlement of public funds in an amount less than $10,000 and misconduct in office.
According to arrest warrants issued on Sept. 17, McIver is accused of using a school district credit card for items outside his duties as a board member.
On the embezzlement charge, McIver is accused of using the card for “personal gain such as groceries, hotel stays, and meals. ...”
McIver also is accused of using funds advanced for a conference without actually attending the conference.
The warrant also notes that McIver had not submitted any receipts for $732.82 in charges between Jan. 12, 2016- Aug. 25, 2019.
Embezzlement of funds under $10,000 is a felony, and persons convicted can be fined in the discretion of the court proportioned to the amount of embezzlement and imprisoned for not more than five years.
The section of code that lists the penalties for this crime also notes that a the person convicted of a felony is disqualified from holding any office of honor or emolument in this state, but the General Assembly, by a two-thirds vote, can remove this if the amount embezzled is paid back.
On the misconduct charge, McIver is accused of using funds advanced for a conference without actually attending it.
The misconduct in office charge is a misdemeanor and carries penalties of up to a $1,000 fine and one year in prison.
The code section also notes that the presiding judge in whose court a defendant is convicted must transfer a copy of the indictment to the governor, who must declare the office vacant. The office must then be filled as if the person has died or resigned meaning a special election would be called.
The warrants indicate the alleged crimes occurred between Jan. 12, 2016 and Aug. 25.
McIver was released on a $5,000 personal recognizance bond on the day he was arrested.
He defeated Thurmond Bacote for seat 3 on the board in 2010 and 2014 and won re-election in 2018 when he defeated Charles P. Foxe and Robert LeMaster.