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Tag Archives: Elections

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

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.”

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Elections – Anderson – SEI Filing — ‘Public Official’ — ‘Candidate’ (access required)

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).

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Elections – UOCAVA Voters – Voting Rights Act — Civil Practice – Standing – Candidate (access required)

Somers v. South Carolina State Election Commission The plaintiff-candidate seeks to bring a Voting Rights Act challenge to the procedure used by South Carolina’s counties to mail ballots under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) after the S.C. Supreme Court delayed the mailing of state ballots while it reviewed candidates’ failure to timely file their statements of economic interests. However, since plaintiff has failed to articulate any concrete and particularized injury that she has incurred or is likely to incur as a result of the transmission of separate federal and state ballots, plaintiff has no standing as a candidate to pursue a § 5 Voting Rights Act claim. Nor has she alleged an injury in fact or shown how she was denied equal protection of the laws.

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Elections – UOCAVA Voters – Voting Rights Act – Civil Practice – Standing – Candidate (access required)

Somers v. South Carolina State Election Commission The plaintiff-candidate seeks to bring a Voting Rights Act challenge to the procedure used by South Carolina’s counties to mail ballots under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) after the S.C. Supreme Court delayed the mailing of state ballots while it reviewed candidates’ failure to timely file their statements of economic interests. However, since plaintiff has failed to articulate any concrete and particularized injury that she has incurred or is likely to incur as a result of the transmission of separate federal and state ballots, plaintiff has no standing as a candidate to pursue a § 5 Voting Rights Act claim. Nor has she alleged an injury in fact or shown how she was denied equal protection of the laws.

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

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).

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

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).

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

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.

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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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