Tag: SC Supreme Court

Curtis Loftis, SCRSIC Supreme Showdown Fizzles

The anticipated showdown Tuesday between S.C. Treasurer Curtis Loftis and the S.C. Retirement System Investment Commission over transparency of investment details by the commission fizzled out Tuesday.

Loftis, a voting member of the commission, was holding out on signing a check for a $50 million investment, approved by the commission, until he received certain assurances in writing from commission attorneys.

As a result of Loftis’ initial refusal to issue the check and an impending default deadline for the investment, the remaining SCRSIC commissioners sued Loftis to force him to act.

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Office of Disciplinary Counsel Failing Citizens

A legal system is only as good as the people charged with overseeing it. In South Carolina that is the Office of Disciplinary Counsel, which operates under the auspices of the S.C. Supreme Court and its Chief Justice.

The S.C. Judicial Department apparently agrees. Consider this high sounding statement from the Judicial Department regarding the ODC:

“Regulating the conduct of both judges and lawyers is critical to preserving the integrity of the South Carolina judicial system and to instilling public confidence in the administration of justice. In South Carolina, the task of regulating both judges and lawyers falls to the Office of Disciplinary Counsel,…”

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Election Filing Mess Leads 2012 Stories

As we look back on the news of 2012, the top story in South Carolina this year was the election filing mess that kept nearly 300 candidates off the ballot.

Most candidates affected were challengers to incumbent Republicans, although many Democrats got left off too, in the June primary. They were ineligible to be certified as candidates because the state and local Republican and Democratic parties did not understand, and did not make allowance for, a minor change in state law that required electronic filing of the candidates’ Statement of Economic Interests.

The party leaders never saw it coming and they blew it. I don’t believe it was a big conspiracy to keep new candidates off the ballot. Some newcomers did file properly and did get certified, too few for a real democratic process, however.

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Election Day at Last…

The election day that we weren’t sure was going to happen is now upon us.

With nearly 300 candidates wiped from the ballot due to their failing to file required paperwork properly and several unsuccessful attempts at the state court level to have at least some of them restored, one last ditch effort was attempted yesterday at the federal court level to hold off the election.

It only took hours for a three judge panel to decline to issue an injunction holding off the primary. According to reports, the judges met in a conference call and denied to hear the case.

In all honesty, it was a long stretch to attempt to find standing in federal court for the five plaintiffs that filed the case. They were all candidates, some from each party, who were tossed from the ballot earlier due to irregularities with their paperwork.

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SCGOP Drops Ball, Fails County Chairs

When, and if, voters go to the polls Tuesday to vote in the Republican or Democratic primaries, they still may be voting for ineligible candidates.

According to information we have been gathering over the past 24 hours, the adherence to the requirement in state law for non-exempt candidates to file a Statement of Economic Interest “at the same time and with the same person” as they file their Statement of Intention of Candidacy, cannot be guaranteed even at this time.

In two separate rulings, the S.C. Supreme Court has said both documents had to be filed in accordance with state law section 8-13-1356(B) and it was the responsibility of the parties to verify that had been done.

In a May 2, 2012 ruling, the Court directed the parties to verify their records and certify candidates to the S.C. Election Commission by May 4, 2012.

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A Supreme Smack Down – Update

Republican Party attorney Kevin Hall led with his chin at the Supreme Court Monday and the justices quickly took advantage of the opening.

Grand Strand Daily has just learned that the S.C. Supreme Court has ruled for the plaintiffs in yesterday’s hearing finding the Republican Party’s interpretation of the filing law totally incorrect.

As a result, the candidates incorrectly certified by the Florence County Republican Party and Blake Hewitt from House District 105 in Horry County will not be recognized in next week’s Republican Party voting. All of these candidates will be eligible to attempt to become petition or write-in candidates on the November ballot.

From information we have learned during the course of covering this candidate filing controversy the above mentioned candidates will not be the only ones affected statewide. The ruling, far from finishing challenges to candidate eligibility instead could open many more challenges after the elections, but before election results are certified both in the June primaries and in November.

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Republican Party’s Day in Court

The Republican Party will have the opportunity Monday to convince the justices of the S.C. Supreme Court that it did follow state law and the May 2, 2012 ruling of the court in certifying candidates for the June 12, 2012 primary ballot.

The task will not be easy for party officials because documents released in the past month point to the fact that the party did not follow the law. In fact, charges of favoritism and cherry picking candidates for certification have been levied by unsuccessful candidates.

Two cases will be heard Monday. The first has the Florence County Democratic Party suing the Florence County Republican Party for certifying candidates who did not file in accordance with the law. The second has House District 105 candidate Bert von Hermann suing to have candidate Blake Hewitt removed from the ballot for not filing properly. Von Hermann is already off the ballot for the same reason.

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From the Court Room to the Living Room

Election ballot issues shifted from the court room to the living room Monday when a federal three judge panel threw out the lawsuit challenging the continuing candidate certification issues for upcoming Republican and Democratic primaries throughout the state.

The complaint said military personnel serving overseas should have 45 days before the election to receive, fill out and return their ballots. Absentee ballots for federal elections, Congressional races this year, were sent 45 days prior to the election, according to the S.C. Election Commission.

A separate ballot, containing names for state and local candidates was sent later, after the S.C. Supreme Court decision eliminated nearly 200 candidates from certification two weeks ago. The complaint argued the splitting of the ballots was illegal under election law.

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Candidate Qualifications Remain In Doubt

So far we have had two orders from the S.C. Supreme Court, a recertification of eligibility of candidates by the S.C. Republican and Democratic parties and an ongoing challenge in federal court with respect to the upcoming June 12th primary elections. Yet, there are still difficulties with the candidates currently certified to appear on the ballots.

Despite very strict rulings by the Supreme Court on Section 8-13-1356(B) with respect to certification of non-incumbent candidates, by our tally 10 challengers for S.C. House seats remain in violation of those rulings but are certified for inclusion on the ballot. (See link below)

This would be egregious by itself considering all the questions that have already been raised about the qualifications of candidates for the upcoming June primaries. However, it is not the only question that remains unanswered about candidates for those elections.

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Feds Turn for S.C. Election Decision-Updated

The confusion that has reigned since the close of candidate filing for the June primary elections, became even more chaotic Thursday when the issue had its first day in federal court.

A federal lawsuit was originally filed by candidate Amanda Somers because she believed she was left off the ballot for the Senate District 5 primary. It is now questionable whether Somers even has standing to bring forth a lawsuit because she was certified as a candidate.

After Somers lawyer, Todd Kincannon, discovered Somers was on the ballot, he attempted to shift the focus of the lawsuit, according to the judge, to include the nearly 200 candidates left off the ballot by the S.C. Supreme Court decision last week.

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