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Elections – Administrative – Statement of Economic Interest – Statement of Intention of Candidacy — Simultaneous Filing Requirement (access required)

By S.C. Lawyers Weekly staff
Published: May 3,2012

Anderson v. South Carolina Election Commission 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).


Elections – Civil Rights – Voting Rights Act – Schools & School Boards – At-Large Elections – Multiple Seats – Multiple Votes per Voter (access required)

By S.C. Lawyers Weekly staff
Published: April 18,2012

Levy v. Lexington County In 1994, the General Assembly changed elections for the Board of Trustees for School District Three from an annual February vote to a biennial vote at the time of the general election in November (an at-large election in which voters may cast multiple votes to fill multiple seats on the board).


Elections – Civil Rights – Racial Gerrymandering Claim — Re-Districting – Constitutional – 14th & 15th Amendments — Voting Rights Act (access required)

By S.C. Lawyers Weekly staff
Published: March 14,2012

Backus v. South Carolina Although – as they were required to do under the Voting Rights Act – defendants considered race when they drew new legislative districts, plaintiffs failed to show that defendants subordinated traditional race-neutral principals to race as the primary consideration for drawing district lines.


Elections – Civil Practice – Intervention of Right – Redistricting Plan Challenge (access required)

By S.C. Lawyers Weekly staff
Published: February 24,2012

Backus v. State of South Carolina Senator Dick Elliott’s motion to intervene is granted because (1) his motion was timely filed; (2) he as asserting the same causes of action as the existing plaintiffs, his claims will also depend on whether race was intentionally used by defendants as the predominant factor in drawing districts to dilute minority voting strength, and the underlying facts are identical; and (3) allowing intervention will serve to avoid future litigation and to increase judicial economy and will not unduly delay this matter or prejudice either party.


Elections – Republican Primary – Presidential Preference – 2008 Statute – Budget Provisos (access required)

By S.C. Lawyers Weekly staff
Published: December 1,2011

Beaufort County v. South Carolina State Election Commission Even though the body of S.C. Code Ann. § 17-11-20(B) only requires the State Election Commission to conduct the presidential preference primary in 2008, § 17-11-20(B) is codified as a permanent statute, the act’s title does not limit its effectiveness to 2008, and the General Assembly’s 2012 budget provisos make it clear that the Commission is also to conduct the presidential preference primary in 2012.


Elections – Civil Rights – Independent Candidate — Petition Signatures – Residency Requirement (access required)

By S.C. Lawyers Weekly staff
Published: July 14,2011

Lux v. Judd A former independent candidate for Congress wins remand of his challenge to a Virginia statutory requirement that petition signatures in support of his candidacy be witnessed by a resident of the Congressional district; the 4th Circuit says the limited rationale underlying the case relied on by the lower court has been superseded by later Supreme Court cases.


Elections – Municipal – Election Protest – Delay – Incumbents in Office (access required)

By S.C. Lawyers Weekly staff
Published: July 11,2011

Cole v. Atlantic Beach Election Commission Respondent’s delays in hearing an election protest, issuing its decision, and ordering a transcript of its hearings allowed incumbents to remain in office (for nearly two years now) after the appellant-challengers garnered more votes in the town council election. We reverse the circuit court’s order affirming respondent’s decision to de-certify and order a new election for two positions on the Atlantic Beach town council.


Elections – Electronic Voting Records – Maintenance – No Private Right of Action (access required)

By S.C. Lawyers Weekly staff
Published: October 25,2010

Electronic Voting Records - Maintenance - No Private Right of Action


Elections – Civil Rights – S.C. 'Sore Loser' Statute (access required)

By S.C. Lawyers Weekly staff
Published: July 26,2010

Civil Rights - S.C. 'Sore Loser' Statute


Elections – Municipal – City Councilman – Unexpired Term – General Election – Notice (access required)

By S.C. Lawyers Weekly staff
Published: March 29,2010

Municipal - City Councilman - Unexpired Term - General Election - Notice


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