Beaufort County v. SC Election Commission

Petitioners Beaufort County and several officials from county boards of elections and registration sought a declaration from the Supreme Court in its original jurisdiction that the General Assembly has neither authorized the State Election Commission or the County Election Commissions to conduct a Presidential Preference Primary in 2012, nor mandated that Petitioners bear the financial burden of conducting the primary. The South Carolina Republican Party scheduled a Presidential Preference Primary for January 21, 2012. In the 2011-2012 Appropriations Act, the General Assembly provided that filing fees received from candidates to run in primary elections may be used by the State Election Commission to conduct the 2012 Presidential Preference Primary elections. In addition, the State Election Commission is authorized to use funds originally appropriated for ballot security to conduct the Presidential Preference Primary elections and the statewide primaries and runoffs. Petitioners contended the General Assembly did not authorize the State Election Commission or the County Election Commissions to conduct a Presidential Preference Primary in 2012 or any election cycle thereafter. In addition, Petitioners argued the amount set forth in the Appropriations Act were insufficient to cover the actual costs to the counties of conducting the 2012 primary. Because the Court was "firmly persuaded" that the General Assembly, through passage of Provisos 79.6 and 79.12 for fiscal year 2011-2012, intended to suspend the temporal limitation in S.C. Code Ann. 17-11-20(B)(2) (Supp. 2010), the Court entered judgment for Respondents the State Election Commission. View "Beaufort County v. SC Election Commission" on Justia Law