BURNETTOWN -- January won't just symbolize the start of the new year, but it will also mark the beginning of Earl Couch's first term as a Burnettown town councilman.

The Aiken County Election Commission held a hearing Monday night at Burnettown Town Hall to determine whether or not Couch was actually a resident of Burnettown. The commission voted unanimously to uphold the election results 6-0, after reviewing the evidence presented by the parties who lodged the complaint and by the councilman-elect.

A protest was filed November 10 with the Aiken County Registration and Elections office by the four candidates who failed to win election to one of the two council seats. James McIntosh, Karen Long, Sharon Gagnon and David Wise lodged a complaint against Couch, claiming he was a resident of Langley and not Burnettown.

"It feels good to have the commission rule in my favor," said Couch. "I'm ready to move forward, and help the citizens of Burnettown."

Wise asked that his name be removed from the petition. The commission accepted his request.

"I didn't have any prior knowledge that one of the other candidates had conducted an investigation," said Wise, during the meeting. "I signed the petition because I had some concerns as a citizen."

McIntosh said he conducted an investigation for 34 days, checking on Couch's whereabouts from 11:30 p.m. to 8 a.m., in an attempt to establish evidence that Couch was in fact a resident of Langley and not Burnettown.

"I'll have to live with the decision," said McIntosh, who finished third in the town council election. "I still believe that the state law was violated."

Gagnon presented four signed affidavits from witnesses who said they believed Mr. Couch was a resident of Langley, and lived at a home on Jackson Street.

Couch countered by providing the commission with residency documentation that included his drivers license, automobile registration, voter registration, tax assessment documentation, home owner's insurance policy, club membership, business address and mailing address that reflected that his home was 146 Burnett St., in the town limits of Burnettown. Couch does own a home in Langley, but it's an investment property, and not his primary residence.

A neighbor, Homer L. Durden corroborated Couch's story.

"I've lived in Burnettown for 20 years, and he's (Couch) been there for the last 15 years," said Durden.

The election commission deliberated over the evidence presented by both sides before making their decision, and were satisfied with the documentation presented by Couch. The board voted unanimously to uphold the election results 6-0.

"This is a wonderful display and representative of government where people have the right to protest," said Benjamin Christensen, Aiken County Elections Commission board member. "The commission kept an open mind when presented with the evidence, and the evidence presented to us pointed us in the direction to go."

Any protest appeals to the commission's decision would have to go through the State of South Carolina, said A. Kay McIver, commission chairwoman.