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Tag Archives: 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district; the 4th Circuit says the limited rationale underlying the case relied on by the lower court has been superseded by later Supreme Court cases.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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High court awards fees in failed election challenge (access required)

Political candidates who protested election results in Fairfield County are paying a price for taking their cases to the state Supreme Court after two election commissions already had rejected their protests unanimously. Justices decided that three candidates who sued the county after losing elections last November had to pay part of the county's defense costs. A lawyer for the county, John Moylan of Columbia, said it may have been the first time the Supreme Court had ever exacted such a penalty in an election protest case.

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Disclosure form is one more hurdle for lawyer candidates (access required)

Disclosing economic interests on a form may be a turnoff for some lawyers contemplating a run for statewide office, but at least two who ran said the form was the least of their worries. Bigger deterrents to seeking office are the time and effort devoted to campaigning, the loss of earnings and the chance of political mudslinging, said a lawyer who ran for attorney general in 2010. "Running for office is really, really tough, and you're asking someone to take a professional sacrifice, a pay sacrifice, and it's tough to get people from big law firms to do it," said Leighton Lord (pictured).

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Support crucial for women lawyers to serve in politics (access required)

"You live through it." Newly elected state Rep. Elizabeth Munnerlyn (D-Chesterfield, Marlboro) uses that phrase to explain how she managed to run a full-time law practice, keep up with her two young children and successfully campaign for political office over the past year. Where some politicians might be able to "put everything on hold and just campaign, I did not have that luxury," said Munnerlyn, who is a solo practitioner in Bennettsville. "You just take it one day at a time, and I found there were a lot of people who wanted to help."

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