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Elections

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

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.

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

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.

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

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district; the 4th Circuit says the limited rationale underlying the case relied on by the lower court has been superseded by later Supreme Court cases.

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

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.

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