The S.C. Supreme Court Wednesday denied a petition by the S.C. Election Commission to dismiss a lawsuit by 7th Congressional district candidate Preston Brittain on certification of votes in the 7th Congressional race.

After the Election Commission threw out the 2300 plus votes cast for S.C. Rep. Ted Vick who had previously withdrawn his candidacy after an arrest in Columbia for DUI and weapon’s charges, and the Election Commission subsequently certified Gloria Bromell Tinubu as the Democratic Party nominee.

Brittain filed the suit In S.C. District Court last Friday, asking that the Election Commission be required to include Ted Vick’s votes in the total of votes cast, the result if successful would have triggered a runoff between Brittain and Gloria Bromell Tinubu.