The Republican Party of South Carolina filed a lawsuit in 2010 against state laws that virtually force it to nominate using an open primary. The case has not yet had a decision in U.S. District Court. One reason for the delay is that the Republican Party has had trouble getting the evidence it needs from the state. The Republican Party hopes to show that various Democratic activists have been voting in Republican Party primaries, but the state has not furnished the data that would show this. Although voting is secret, the list of which primaries various voters choose to vote in is not secret.

There will be a hearing in the case on Wednesday, April 17, at 1:30 p.m., over the dispute about gathering the evidence. The Republican Party has a pending motion asking for sanctions against the state for not producing the requested evidence. The case is South Carolina Republican Party v State of South Carolina, 6:10cv-1407.