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Updated: SC High Court: Dozens Cannot Appear on Ballots

More than 100 candidates in June primary races across the state could be removed from the ballot after Wednesday's S.C. Supreme Court ruling.

 
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This story has been updated to provide language from the Supreme Court ruling and campaign comment.

The path to the S.C. Statehouse and county-wide offices just got a lot easier for dozens of candidates across South Carolina.

And for dozens of others, it just became impossible — at least in 2012 and at least as members of their own party. Read the ruling here.

The S.C. Supreme Court ruled unanimously Wednesday that candidates who did not file Statement of Economic Interest forms along with their Statement of Intention of Candidacy forms by the required deadline cannot appear on the June party primary ballots. 

The case brought by two Lexington County voters was designed to affect only a few races in Lexington County, but the justices said during arguments on Tuesday that it would have broad impact statewide, causing "chaos" like a class-action filing.

As a result of the ruling, the state's two major political parties now have until Friday to provide lists of legally certifiable candidates to the state Elections Commission and to the county election commissions. A majority of counties statewide have at least one candidate in House, Senate, or county-level races who failed to be properly certified, according to state election commission attorney Elizabeth Crum.

"We fully appreciate the consequences of our decision, as lives have been disrupted and political aspirations put on hold," said the court's decision Wednesday. "However, the conduct of the political parties in their failure to follow the clear and unmistakable directives of the General Assembly has brought us to this point. Sidestepping the issue now would only delay the inevitable."

Basically, under the letter of the law, candidates must file a Statement of Economic Interest form simultaneously with their Statement of Intention of Candidacy and do so by March 30 if they're running as a Democrat or Republican. Many candidates, all challengers, either never filed an SEI, filed it late, or didn't file it at the same time with their SIC form.

The state's political parties are tasked with properly certifying their candidates for office, and there had been "systemic failure of the political parties to follow the law," the justices noted. 

State Democratic Party chairman Dick Harpootlian admitted on Tuesday during oral arguments that, "Yes, we were asleep at the wheel."

Depending on how the final certified lists from both parties shake out, upwards of a hundred or more candidates could potentially be removed from the ballot, ending their bid for office as members of their respective parties. In some cases, that will mean that contested primary races will now be uncontested races that will ensure incumbency for a number of candidates statewide.

But, technically at least, all is not lost for decertified candidates removed from their party's ballots.

Those candidates who are removed from the ballot still have a shot to run in the fall general election; however, they just won't be able to run as a Democrat or Republican. Candidates could file to run as Independent candidates or wage write-in campaigns in the general election. 

To run as an Independent, candidates would have to file the required forms (including SEI and SIC forms) and pay required fees by noon on July 16, as well as submit a petition with the signatures of at least five percent of the registered voters living within the area or district represented by the office. 

A third option might even be for candidates to join and run as a nominee  of another party certified in South Carolina, which include the Libertarian, United Citizens, Reform, Constitution, and Green parties. The deadline to file to run as one of these third party candidates is Aug. 15.

"There is a question of whether this dispute is ripe for review, as no harm has been incurred because an unqualified candidate has not been elected," the court ruling stated. "This issue is ripe for judicial determination.  Absent relief, plaintiffs, as voters, face the substantial likelihood that they will be presented with a slate of candidates, of whom one or more may not be certified after the election. 

"This is a matter of great public importance," the ruling added. "Integrity in elections is foundational. It is that recognition of the importance of the integrity of public elections that leads us to grant relief at this time."

One of those candidates whose race might be imperiled is GOP state Senate candidate Katrina Shealy of Lexington, who is running to unseat incumbent Sen. Jake Knotts. Shealy was one of the three candidates listed in the lawsuit as non-compliant. The campaign is still trying to figure out where it stands, said Communications Director Sheri Few.

"We're still evaluating the situation… and determining what our options are," she told Patch. "Obviously it is not an outcome that is desirable," she said, adding the campaign expected to make a formal statement Thursday.

Clay Burkett, a GOP candidate for Lexington County Coroner who was also named in the suit for non-compliance, expects to have his name removed from the ballot. Burkett told Patch he had an email from state election officials saying that he "had done everything right."

However, by filing his financial disclosure a week past the March 30 deadline, his party improperly certified him and he is technically non-compliant. Undeterred, he said he planned to file as an Independent and get on the November general election ballot.

"I'm not going away just because the Supreme Court said I can't be on the Republican Party primary ballot," he said.

"In my opinion, the Supreme Court has done an injustice to the citizens of Lexington County to where they can't make a choice now," Burket added. "My phone has been blowing up since five o'clock. Even Frank Barron, one of my opponents called me, and he said he didn't think it was right the way they did things."

Democrat Walid Hakim of Lexington, also named in the suit for noncompliance in his bid to seek the District 88 House seat of Republican Mac Toole, said his campaign would release an official statement on Thursday.

Incumbent Garry Smith, running for re-election in House District 27 in Greenville, remains safely on the ballot, but added that for challengers across the state, "It’s hard to say what will happen. There is a lot still to be determined…. I’m concerned any time a candidate’s name is taken off the ballot, it’s less choice for a voter."

In Berkeley County, Republican Party Chair Tim Callanan said the ruling would impact all four of his candidates who are running for election for the first time.

The court was unanimous in its ruling, but Chief Justice Jean Toal had recused herself in the matter and was replaced on the five-person court by retired Judge James Moore of Greenwood. 

Related Topics: S.C. Supreme Court and election 2012

Will Herr

9:51 pm on Wednesday, May 2, 2012

Bad day for SC voters. State Supreme Court Justices should be ashamed.

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Mike N.

7:13 am on Thursday, May 3, 2012

While I'm sure that the Justices had to rule based on the letter of the law, I'm with you - it's a bad day for voters. This was clearly a poorly thought out attack on a single candidate, with a huge backfiring.

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Robert Kelly

8:51 am on Thursday, May 3, 2012

Yes, a bad day when the people responsible for writing the laws are cavalier in following them. Why wouldn't the State Court rule this way? The parties and the candidates involved are the ones who should be ashamed.

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Gretchen

8:10 am on Friday, May 4, 2012

RULES ARE RULES. If these people cannot abide by the RULES, then how can they hope to run the State by the RULES of the State. Come on ... quit baby-sitting everyone for everything. Let them be RESPONSIBLE for themselves.

Barbara McGowin

10:54 pm on Wednesday, May 2, 2012

Why are incumbents exempt? I don’t see that in the law. http://www.scstatehouse.gov/code/t08c013.php
It does specifically state: SECTION 8-13-1368. Termination of campaign filing requirements; dissolution of committees; final report.

(A) A candidate is not exempt from the campaign filing requirements as provided in this article until after an election in which the candidate is a candidate or is defeated and after the candidate no longer accepts contributions, incurs expenditures, or pays for expenditures incurred.

The only mention of incumbent exemption is:
(3) Violations of this section by incumbent commissioners seeking reelection must be reported by the Public Service Commission to the State Ethics Commission.

THERE ARE NO INCUMBENT EXEMPTIONS FOR FILING AN SEI WITH SIC!

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Carolyn Farr Smith

11:16 pm on Wednesday, May 2, 2012

Barbara, Incumbents are not exempt, but they would have filed economic interest statements when they ran for office or while they were in office.

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Barbara McGowin

12:43 am on Thursday, May 3, 2012

Carolyn, it does not matter if they filed an SEI when they ran for office or while they were in office. The law requires all candidates to file an SEI and SIC simultaneously. If they filed an SEI while in office that is a requirement of being in office, not a requirement of a candidate.

Barbara McGowin

12:32 am on Thursday, May 3, 2012

The law providing filing requirements is found at: http://www.scstatehouse.gov/code/t08c013.php
Here is the South Carolina Supreme Court’s ruling:
http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=27120
It is said that incumbents are exempt from filing statement of economic interests (SEI) and all candidates that filed with a party on March 30th, except for incumbents, are disqualified because an SEI was not filed with the SCDP simultaneously with statement of intended candidacy (SIC).
All candidates ( even incumbent candidates) are required to file an SEI and SIC simultaneously. Here's the law: http://www.scstatehouse.gov/code/t08c013.php
SECTION 8-13-1368(A) A candidate is not exempt from the campaign filing requirements as provided in this article until after an election in which the candidate is a candidate or is defeated and after the candidate no longer accepts contributions, incurs expenditures, or pays for expenditures incurred.
The only mention of incumbent exemption is:
(3) Violations of this section by incumbent commissioners seeking reelection must be reported by the Public Service Commission to the State Ethics Commission.
THERE ARE NO INCUMBENT EXEMPTIONS FOR FILING AN SEI WITH SIC! The only reason why they added this piece about violations of incumbent commissioners is because all of the verification requirements concern political parties. In the case of a commissioner, the verifying party would be the Public Service Commission.

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Barbara McGowin

12:37 am on Thursday, May 3, 2012

I disagree that a paper form of SEI is required to be provided simultaneously with a paper form of SIC for the 2012 filing deadline March 30th.
Please see http://www.scvotes.org/candidate_information/filing_forms
It states:
Statement of Economic Interests and Campaign Disclosure - These forms must be filed online. Forms, requirements, and filing instructions are available from the State Ethics Commission: http://ethics.sc.gov/.

You cannot file a paper document that isn't provided. Therefore, the only way that an SEI may/can/shall be filed is electronically. SIC form is provided at http://www.scvotes.org/candidate_information/filing_forms

The only way an SEI can be provided to the party official is electronically; there is no paper form. And even the electronically filed SEI can't be printed as it is provided in segments or information bites and not in a printable form. There is no "paper" SEI to be filed simultaneously. The party officials must verify the "simultaneous" filing of SEI with SIC by verifying that an SEI was filed electronically upon receipt of SIC paper document. There is no other way.
It is logical to assume that if there is no other way to file an SEI other than electronically and that political parties verifying simultaneous filing of SEI and SIC must do so by verifying an electronic SEI is filed upon receipt of the SEI paper form.

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Barbara McGowin

12:47 am on Thursday, May 3, 2012

"SEI" 3rd word from the end of comment above, should be SIC.

JoSCh

8:22 am on Thursday, May 3, 2012

I hope they get us down to just one Republican choice for each office on the ballot soon, or better yet, one line item with a checkbox next to "Yes". I think that just may be enough for the citizens of SC to wake up...

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Carolyn Farr Smith

9:03 am on Thursday, May 3, 2012

Barbara, What I should have said is that incumbents, because they had filed while in office or while running for office, would have knowledge of the law while a person running for the first time may not. If the state party's are not helping candidates to file the appropriate paperwork or properly certifying that paperwork, then they, too, have a responsibility in making sure a candidate has done everything needed to file for office and to be named on the ballot.

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ReadIt

9:22 am on Thursday, May 3, 2012

you make rules to follow them, not to break them. If you didn't do your research to become a candidate, then I don't want you in office to begin with.

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Mike N.

10:02 am on Thursday, May 3, 2012

Check yesterday's opinion piece - if even some of those assertions are facts, the ineligible candidates are not at fault for being given poor instructions. http://mauldin.patch.com/articles/potential-fallout-from-lexington-lawsuit-is-wide-ranging . Based on that, I wouldn't invalidate any of the candidates for failures on this specific rule.

Don

1:55 pm on Thursday, May 3, 2012

Barbara you quoted the wrong law.see law 8-13-1356.It states the filing requirement does not apply to those with disclosure statement on file.

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Wm Gebrosky

1:44 am on Friday, May 4, 2012

This is not right. Now a lot of voters will be left out of choices. I think I know who caused this. A rotund RINO who saw the writing on the wall.

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