South Carolina Bill to Require Convention Party Candidates to Pay a Filing Fee Advances

On March 24, a subcommittee of the South Carolina Senate Judiciary Committee passed HB 3262. This is the bill to require candidates seeking the nomination of a party that nominates by convention to pay a filing fee.


Comments

South Carolina Bill to Require Convention Party Candidates to Pay a Filing Fee Advances — 6 Comments

  1. Richard, you have mentioned this before to me, but I would like to see it all in one place: A list of the legal decisions which support the nomination by convention (or petition) in lieu of the filing fee, and which states abide by them. IIRC, you had previously mentioned that courts only upheld the filing fees for primary candidates (nomination by primary instead of convention). Thanks.

  2. I’m not sure what you mean, Jeff. The two US Supreme Court decisions on filing fees said that filing fees violate the constitution unless they are needed for a compelling state reason, namely to keep a ballot from being too crowded. They two cases are Lubin v Panish (1974, from California) and Bullock v Carter (1972, from Texas).

  3. ONE election Day

    EQUAL nom pets ONLY.

    PR legis – pending Condorcet

    NONPARTISAN APPV – exec/judic – pending Condorcet

    TOTSOP

  4. Richard, GREAT, thanks for those. They were easy to find on internet search. My question is, in which states (besides South Carolina) have independents or candidates of minor parties applied either of these cases to successfully get on the ballot without paying a filing fee? Here in West Virginia, I don’t think it has ever been challenged. That would most likely require a sacrificial candidate to not care if he didn’t make the general. Question 2: Which other states are currently like SC and allow party-nominated candidate on the ballot without a fee?

  5. Kansas requires candidates that get the nomination of a party that nominates by convention to pay a filing fee. However, the filing fees are much lower than the fees for candidates of parties that nominate by primary.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.