On May 9, the South Carolina legislature failed to pass either bill that would have given relief to the 180 Democratic and Republican candidates for state and local office who wish to be on the June 12 primary ballot. See this story. The bills are SB 1512 and HB 3392.

Meanwhile, the original federal lawsuit to give some relief has evolved. The case, named “Amanda Somers v All Improperly Filed Candidates Involved in the June 12 2012 South Carolina Primary elections and the South Carolina Election Commission”, 3:12-cv-1191, had been filed May 4 by one State Senate candidate, Amanda Somers. But then she was put on the Republican primary ballot, so she amended her case to complain about the fact that her name was left off the overseas absentee ballots. Therefore, at that point, the case became useless to all the other candidates who are still off the ballot entirely.

One of those other candidates, John W. Pettigrew Jr., a Republican running for State Senate in the 25th district, had intervened in the case. But on May 11, he withdrew from the case, because it no longer dealt with the non-absentee ballots. It is possible he may soon file his own lawsuit. There probably would have been more lawsuits filed by additional candidates, but those candidates had generally expected the state legislature to provide some relief.

Some of the candidates may petition as independent candidates. They have until July 12 to do that. Unfortunately for them, South Carolina’s ballot access requirement for independent candidates for legislature and local office is tied for the most difficult in the nation. It is 5% of the number of registered voters. It is not so severe for statewide office or U.S. House.

South Carolina elects all its State Senators in presidential election years, for 4-year terms. There are no State Senate elections in midterm years.