On September 11, a U.S. District Court issued an injunction, directing South Carolina to place the Working Families Party nominees on the November 2006 ballot. The issue was the deadline for turning in the party petition. The law says the petition is due six months before the general election, and the party complied with this law. But the state then argued that the party should not be allowed to nominate any nominees this year, since the schedule for party nomination meetings for older parties requires that those meetings take place in the early spring.

The state had been sued over this issue in 1996, by the Natural Law Party, and in court had conceded that it was wrong. This year, the Election Commission decided to ignore what it had done in 1996 and put up a fight to keep the Working Families Party off this year’s ballot. However, the party won. The case is Working Families Party v South Carolina Election Commission, 3:06cv-2125.