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UNITED CITIZENS PARTY v. SOUTH CAROLINA STATE ELEC. COM'N

Civ. A. No. 70-924.

319 F.Supp. 784 (1970)

The UNITED CITIZENS PARTY OF SOUTH CAROLINA and John Roy Harper, II, Individually and as President of the United Citizens Party of South Carolina, Plaintiffs, v. The SOUTH CAROLINA STATE ELECTION COMMISSION, a public body corporate, and James B. Ellisor, Executive Director of the South Carolina Election Commission, Defendants.

United States District Court, D. South Carolina, Columbia Division.

Decided October 28, 1970.

Attorney(s) appearing for the Case

Matthew J. Perry, Columbia, S. C., James Finney and Hemphill Pride, II, Columbia, S. C., for plaintiffs.

Daniel R. McLeod, Atty. Gen., Michael W. Tighe, and Robert W. Brown, Asst. Attys. Gen., for defendants.

Before CRAVEN, Circuit Judge, and HEMPHILL and RUSSELL, District Judges.

CRAVEN, Circuit Judge:

This action was brought by plaintiffs, United Citizens Party of South Carolina and John Roy Harper, II, president of the United Citizens Party of South Carolina, for a declaratory judgment that Section 23-264 of the Code of Laws of South Carolina is unconstitutional on its face and as applied to the plaintiffs and for injunctive relief requiring the defendants to place the names of the United Citizens Party's candidates for governor and lieutenant...

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