Tempel v. So. Carolina Election Comm’n

Appellant-Respondent George Tempel and Respondents-Appellants the State Election Commission and South Carolina Republican Party appealed a circuit court order concerning the candidacy of Respondent-Appellant Paul Thurmond for Senate District 41. Thurmond electronically filed a Statement of Economic Interests (SEI). Thirty minutes later, he filed his Statement of Intention of Candidacy (SIC) for the Republican Party primary for Senate District 41. However, he did not file a paper copy of his SEI along with his SIC as required by section 8-13-1356(B). All of the other Republican contenders for the Senate District 41 seat were decertified for failing to comply with section 8-13-1356(B). However, Thurmond's name remained on the ballot, and he received over 1,700 votes. He was subsequently declared the Republican candidate for the seat. The circuit court found Thurmond was not exempt from the filing requirement of section 8-131356(B) of the South Carolina Code. S.C. Code Ann. 8-13-1356(B) (Supp. 2011). Thus, Thurmond was disqualified as the Republican nominee for the District 41 seat. The judge ordered the Republican Party to conduct a special primary election pursuant to section 7-11-55. S.C. Code Ann. 7-11-55 (Supp. 2011). Upon review, the Supreme Court affirmed the circuit court's order. View "Tempel v. So. Carolina Election Comm'n" on Justia Law