South Carolina Green Party Case Argued in 4th Circuit

On May 11, the 4th circuit heard oral arguments in South Carolina Green Party v South Carolina Election Commission, 09-1915. The issue is whether the Green Party’s convention nomination of a legislative candidate, early in the election year, can be voided if that candidate then tries and fails to get another party’s nomination. The three judges were Barbara Keenan, an Obama appointee; Sam Wilson, a visiting U.S. District Court judge from Virginia and a Bush Sr. appointee; and Clyde Hamilton, another Bush Sr. appointee. Perhaps someone who attended the hearing may help us out and describe how the hearing went, via the comments section.


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South Carolina Green Party Case Argued in 4th Circuit — No Comments

  1. Pingback: SC Green Party Ballot Access Case before the Federal Court of Appeals « South Carolina Green Party

  2. I think you are misrepresenting the sequence of events.

    Eugene Platt filed his declaration of candidacy with the Democratic Party. That party, as required, then forwarded the candidacy on to the state election officials so that they could conduct the primary which Platt lost.

    Sometime after he began his quest for the Democratic nomination he sought the Green Party nomination, apparently without having filed a timely declaration of candidacy with that party.

  3. B.A.N. isn’t misrepresenting the sequence of events, but thanks for bringing the declaration of candidacy issue, Jim.
    Only one declaration of candidacy need be filed with the South Carolina State Election Commission. A court recently agreed with the United Citizens Party that the SCSEC cannot change the state rules to require separate declarations of candidacy for persons seeking fusion nominations with more than one party. Single declarations had been the past practice and will continue to be. I’ll see if I can find a copy of the decision.

  4. #3 When did Eugene Platt file his declaration of candidacy with the Democratic Party in 2008?

    When did Eugene Platt file his declaration of candidacy with the Green Party in 2008?

    When did Eugene Platt file his declaration of candidacy with the Working Families Party in 2008?

    The decision of the federal court was braindead. It makes absolutely no sense to interpret the underlying state law as not requiring separate declaration of candidacy for each party.

    If a candidate seeks the nomination of both Party A and Party B, but only files with Party A, how does Party B know that he seeks its nomination? If Party B nominates by primary, how does Party B know to inform South Carolina, so that South Carolina may place his name on the primary ballot?

    The State should have filed for preclearance when it started to ignore the law. That was when the change when the change of procedure was made.

    Anyway, H 3067 will fix everything.

  5. Eugene Platt filed his declaration of candidacy with the Democratic Party on March 17; with the Working Family Parties on March 27. The deadline was March 30.

    His declaration with the Green Party was on May 3, when he was also nominated. He was nominated by the Working Families on May 10; and he was defeated for the Democratic nomination on June 6.

    He began his try to become the nominee of the Democratic Party almost a month and a half before he made any state-recognized steps to become the Green Party nominee.

    Parties in South Carolina are free to choose their method of nomination. The Green Party might nominate by primary, and the Democrats by convention. That is why it makes no sense whatsoever not to require a candidate to file separately for each party.

  6. Wrong. You file once, then seek different party nominations. That’s the law and by far the easiest thing for office seekers.

  7. #7 Perhaps the Green Party lawyers messed up then. See the 11/18/2008 amended complaint.

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