July 18, 2012
Ms. Carroll S. Duncan Chairman Dorchester County Republican Party 107 Jaymar Circle Summerville, South Carolina 29485 Re: Letter dated July 18, 2012 purporting to decertify candidates for the General Election ballot for the South Carolina House of Representatives and South Carolina Senate. Dear Ms. Duncan:
COMMISSIONERS JOHN H. HUDGENS, III Chairperson MARK A. BENSON MARILYN BOWERS
The State Election Commission is in receipt of your letter attempting to decertify Mr. Bennett, a candidate for Senate District 38. On April 9, 2012, Mr. Bennett was certified by the South Carolina Republican Party Executive Committee (SCRP), not the Dorchester County Republican Party (DCRP) as a candidate for South Carolina Senate District 38 Republican Party Primary Election to be held on June 12, 2012. The SEC has not received any correspondence from the SCRP indicating that Mr. Bennett should be decertified. S.C. Code Ann. § 7-11-15(2) provides, in part:
THOMAS WARING NICOLE S. WHITE
MARCI ANDINO Executive Director
2221 Devine Street P.O. Box 5987 Columbia, SC 29250 803.734.9060 Fax: 803.734.9366 www.scvotes.org
(2) Candidates seeking nomination for the State Senate or House of Representatives must file their statements of intention of candidacy with the county executive committee of their respective party in the county of their residence. The county committees must, within five days of the receipt of the statements, transmit the statements along with the applicable filing fees to the respective state executive committees. However, the county committees must report all filings to the state committees no later than five p.m. on March thirtieth. The state executive committees must certify candidates pursuant to Section 7-13-40. (Emphasis added) Pursuant to §§ 7-11-15(2) and 7-13-40, the SCRP executive committee certified the FDQGLGDWHV IRU 6HQDWH 'LVWULFW ,W LV WKH 6(&œV SRVLWLRQ WKDW RQO\ WKH 6&53 QRW WKH DCRP, has the authority to decertify a candidate for the Senate. Your letter cites to the Anderson and Florence County Democratic Party opinions as the apparent authority for the DCRP to decertify the candidates, including Mr. Bennett, referenced in your letter. Under any reading of Anderson or Florence County Democratic Party, the South Carolina Supreme Court did not change the law and authorize a county political party to decertify a Senate candidate. In Anderson the Supreme Court held: We direct the appropriate official of the political parties to file with the State Election Commission or the appropriate county election commission, by
noon on May 4, 2012, a list of only those non-exempt candidates who simultaneously filed an SEI and an SIC as required by § 8-13-1356(B). This &RXUWœV LQMXQFWLRQ LVVXHG $SULO is hereby lifted. We fully appreciate the consequences of our decision, as lives have been disrupted and political aspirations put on hold. However, the conduct of the political parties in their failure to follow the clear and unmistakable directives of the General Assembly has brought us to this point. Sidestepping the issue now would only delay the inevitable. Anderson, p. 26. The clear and unmistakable directive of the General Assembly in § 7-1115(2) is that the SCRP is to certify or decertify a candidate for the South Carolina Senate. The SCRP has until noon on August 15th to determine if candidates for State Senate completed the filing process properly and to certify the names to the SEC. Thank you for your attention to this matter. Sincerely,
Marci Andino /mba Cc:
Chad Connelly Matt Moore .DUO $ ³%XWFK´ %RZHUV (VTXLUH M. Elizabeth Crum, Esquire Todd Kincannon, Esquire Joshua Dickard