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Elections – Witness Residence Requirement for Petition is Struck

By S.C. Lawyers Weekly staff
Published: June 7,2013

Libertarian Party of Virginia v. Judd In this suit by the Libertarian Party of Virginia, the 4th Circuit says a Virginia statute that requires signatures on nominating petitions for the party’s presidential candidate to be witnessed by a Virginia resident, is unconstitutional.

Criminal Practice – Guilty Plea Vacated for Officer’s Lies

By S.C. Lawyers Weekly staff
Published: April 4,2013

U.S. v. Fisher : A defendant’s guilty plea to drug charges was not voluntary when it was based on a police officer’s lies in an affidavit for a warrant to search defendant’s home and vehicle; the 4th Circuit says defendant’s due process rights were violated and reverses the district court

Elections – Civil Practice – Preliminary Injunction – SEI Filings – Voting Rights Act – Preclearance — Constitutional

By S.C. Lawyers Weekly staff
Published: October 15,2012

Smith v. South Carolina State Election CommissionBefore the S.C. Supreme Court issued recent decisions that require candidates to file paper statements of economic interest (SEIs) at the same time that they file their statements of intention of candidacy, candidates had been following the advice of the S.C. Election Commission and the S.C. Ethics Commission and filing their SEIs only electronically.

Elections – Voter ID Law – Voting Rights Act – Preclearance – 2013 Elections

By S.C. Lawyers Weekly staff
Published: October 10,2012

South Carolina v. United States As authoritatively interpreted by S.C. officials – allowing voters without a photo ID to vote if they sign an affidavit giving any true explanation of what stopped them from obtaining a photo ID -- Act R54 is precleared under Section 5 of the Voting Rights Act for elections beginning in 2013.

Elections – Statement of Economic Interest – Failure to File – Primary Winner – Special Election

By S.C. Lawyers Weekly staff
Published: September 21,2012

Tempel v. South Carolina State Election Commission Where the Republican Party left candidate Paul Thurmond on the primary ballot because they mistakenly believed he had fulfilled the applicable filing requirements, candidate Thurmond has been disqualified as the Republican nominee, and the Republican Party must conduct a special primary election pursuant to S.C. Code Ann. § 7-11-55.

Elections – Fundraising – Corporate Contributions – Donor Recruitment – Reimbursement

By S.C. Lawyers Weekly staff
Published: July 13,2012

U.S. v. Danielczyk In this prosecution of two corporate executives for an alleged scheme of recruiting donors and reimbursing their contributions to Hillary Clinton’s 2006 and 2008 Senate and Presidential Campaigns, the 4th U.S. Circuit Court of Appeals reverses dismissal of a charge of corporation contributions in violation of 2 U.S.C. § 441b(a).

Elections – Voting Rights Act – Constitutional – Due Process & Equal Protection – Primary Ballots – Disqualification – Civil Practice – Temporary Restraining Order Motion

By S.C. Lawyers Weekly staff
Published: June 27,2012

Smith v. South Carolina Election Commission The plaintiff-candidates allege that Anderson v. South Carolina Election Commission, 725 S.E.2d 704 (S.C. May 2, 2012) (“Anderson I”), rehearing denied Order No. 2012-05-03-05 (S.C. May 3, 2012) (“Anderson Order”), and Florence County Democratic Party v. Florence County Republican Party, Slip Op. No. 27128 (S.C. June 5, 2012), have been inconsistently applied...

Elections – Civil Rights – National Voter Registration Act – Application Disclosure

By S.C. Lawyers Weekly staff
Published: June 21,2012

Project Vote/Voting for America Inc. v. Long Virginia election officials violated the National Voter Registration Act by refusing to disclose completed voter registration applications with voters’ Social Security numbers redacted; the 4th Circuit affirms a district court decision that Section 8(i)(L) of the NVRA does apply to such applications and defendants violated the NVRA.

Elections – Advocacy Group – FEC Regulation – Constitutional – Vagueness Challenge — PAC Disclosures – ‘Major Purpose’ Test

By S.C. Lawyers Weekly staff
Published: June 21,2012

The Real Truth About Abortion Inc. v. FEC Appellant, a Virginia nonprofit group called “The Real Truth About Abortion Inc.,” loses its constitutional challenge to a regulation of the Federal Election Commission that appellant says is unconstitutionally vague with regard to whether “Real Truth” has to make disclosures as a “political action committee.”

Elections – Anderson – SEI Filing — ‘Public Official’ — ‘Candidate’

By S.C. Lawyers Weekly staff
Published: June 5,2012

Florence County Democratic Party v. Florence County Republican Party Even though S.C. Code Ann. § 8-13-1300(4) defines “public official” to include a “candidate”, candidates with current statements of economic interests (SEIs) on file were not exempt from filing SEIs when they filed their statements of intention of candidacy (SICs).