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SOUTH CAROLINA GREEN PARTY v. SOUTH CAROLINA STATE

No. 09-1915.

612 F.3d 752 (2010)

SOUTH CAROLINA GREEN PARTY; Eugene Platt; Robert Dunham, Plaintiffs-Appellants, v. SOUTH CAROLINA STATE ELECTION COMMISSION; John H. Hudgens, in their official capacities as members of the South Carolina State Election Commission; Cynthia M. Bensch, in their official capacities as members of the South Carolina State Election Commission; Tracey C. Green, in their official capacities as members of the South Carolina State Election Commission; Pamella B. Pinson, in their official capacities as members of the South Carolina State Election Commission; Thomas Waring, in their official capacities as members of the South Carolina State Election Commission; Charleston County Democratic Party, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 20, 2010.

Attorney(s) appearing for the Case

ARGUED: Bryan Sells, American Civil Liberties Union Foundation, Atlanta, Georgia, for Appellants. Andrew Lindemann, Davidson, Morrison & Lindemann, PA, Columbia, South Carolina, for Appellees. ON BRIEF: Laughlin McDonald, American Civil Liberties Union Foundation, Atlanta, Georgia, for Appellants. Matthew T. Richardson, Wyche, Burgess, Freeman & Parham, P.A., Columbia, South Carolina, for Appellee Charleston County Democratic Party.

Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Senior Judge HAMILTON and Judge WILSON joined.

OPINION

KEENAN, Circuit Judge:

Eugene Platt and the South Carolina Green Party challenge the constitutionality of South Carolina's "sore-loser" statute, S.C.Code § 7-11-10, as applied to Platt's Green Party candidacy for South Carolina House Seat 115.1 The district court upheld the constitutionality of the statute as applied to Platt's candidacy and, for the following reasons, we affirm.

I.

In 2008, Platt...

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