Elections – Administrative – Statement of Economic Interest – Statement of Intention of Candidacy — Simultaneous Filing Requirement

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Anderson v. South Carolina Election Commission (Lawyers Weekly No. 010-041-12, 5 pp.) (Per Curiam) S.C. S. Ct. Click here for the full-text opinion.

Holding: Non-exempt individuals who are seeking nomination by political party primary to be a candidate for office must file a Statement of Economic Interest (SEI) at the same time and with the same official with whom the individuals file a Statement of Intention of Candidacy (SIC). Further, an official authorized to receive SICs may not accept the forms unless they are accompanied by an SEI; an individual who did not file an SEI at the same time and with the same official with whom the individual filed an SIC should not appear on the party primary election ballot or the general election ballot; and the Lexington County Democratic Party, the Lexington County Republican Party, the S.C. Democratic Party, and the S.C. Republican Party unlawfully certified individuals seeking nomination by political party primary who did not file an SEI at the same time and with the same official with whom the individual filed an SIC.

Where we are not being asked to judge a disputed legislative election but to interpret a statute, we reject the argument that this court lacks subject matter jurisdiction.

In addition, this issue is ripe for judicial determination. S.C. Code Ann. § 8-13-1356(E) contemplates a post-primary election remedy prohibiting a person whose name inadvertently appears on the ballot from being certified as a candidate for the general election. However, we discern no legislative intent that such remedy is exclusive.

Where there exists the substantial likelihood that the respective political parties have erroneously certified candidates for inclusion on the primary ballot, by requiring compliance with the law now, we avoid the greater chaos and multiple challenges that would inevitably follow the party primary elections. Moreover, we are confronted not with the prospect of a single candidate’s name appearing on a ballot “inadvertently,” but with systemic failure of the political parties to follow the law. The effect of the political parties ignoring their statutory gatekeeping role is the prospect of the inclusion of many candidates on the ballot who did not comply with the statutory requirements. Accordingly, we grant relief to require compliance with the law and ensure that only legally qualified candidates are included on the ballots.

S.C. Code Ann. § 8-13-1356(B) unambiguously mandates that an individual file an SEI at the same time and with the same official with whom the individual files an SIC. This requirement is buttressed by the unambiguous prohibition against a political party accepting an SIC unless it is accompanied by an SEI.

Even though S. C. Code Ann. § 7-11-15(3) requires that an individual’s name appear on the ballot if the individual produces a signed and dated copy of a timely-filed SIC, this is only required “except as otherwise provided by law.” We decline to ignore the “except as otherwise provided by law” language of § 7-11-15(3) and the clear mandate of § 8-13-1356(E) when the statutes are easily reconciled.

Even though S.C. Code Ann. § 8-13-365 requires that the SEI be filed electronically on the State Ethics Commission’s website, this filing is not part of the process that qualifies an individual for inclusion on the ballot. Consequently, filing an SEI with the State Ethics Commission cannot excuse noncompliance with § 8-13-1365(B).

Section 8-13-1356 does not unconstitutionally alter the qualifications for one to serve as a legislator; instead, it merely delineates filing requirements to appear on a ballot.

The names of any non-exempt individuals who did not file with the appropriate political party an SEI simultaneously with an SIC were improperly placed on the party primary ballots and must be removed. We direct the appropriate official of the political parties to file with the State Election Commission or the appropriate county election commission, by noon on May 4, 2012, a list of only those non-exempt candidates who simultaneously filed an SEI and an SIC as required by § 8-13-1365(B).

We do not reach the crossclaims of the State Election Commission and the Lexington County Commission of Registration and Elections. These bodies may resubmit requests for reimbursement once the costs are ascertained.