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STATE EX REL. RILEY v. PECHILIS

21056

273 S.C. 628 (1979)

258 S.E.2d 433

STATE of South Carolina ex rel. Richard W. RILEY, Governor of the State of South Carolina, and Daniel R. McLeod, Attorney General of the State of South Carolina, Plaintiffs, v. Nick Peters PECHILIS, John B. Halloran, Jr., Richard A. Patterson, individually and as representatives of all other candidates for nomination by advisory election to the office of magistrate, the Democratic Party of South Carolina and the Republican Party of South Carolina, individually and as representatives of all other certified political parties in South Carolina, Defendants. STATE of South Carolina, ex rel. Richard W. RILEY, Governor of the State of South Carolina, and Daniel R. McLeod, Attorney General of the State of South Carolina, Plaintiffs, v. Joseph E. HINES, Jr., L. Paul Barnes, C. Tyrone Gilmore, as Commissioners of Election for Spartanburg County, South Carolina, and their successors in office, Defendants.

Supreme Court of South Carolina.

September 11, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod, Deputy Atty. Gen. C. Tolbert Goolsby, Jr., and Senior Asst. Atty. Gen. Karen LeCraft Henderson, Columbia, for plaintiffs.

Robert C. Elliott, Bernard Manning, Clinch Heyward Belser and Clinch H. Belser, Jr., of Belser, Baker, Barwick & Toal, Ronald C. Dodson, of Kirkland, Aaron & Alley, Asst. Attys. Gen. Sally G. Young and Charles H. Richardson and Everett N. Brandon and Joseph C. Coleman, Columbia, for defendants.

James P. Fields, Jr., M. Elizabeth Crum and Thomas Linton, Columbia, on behalf of the General Assembly, amicus curiae.

September 11, 1979.

Per Curiam:

The issues to be decided in this case arise out of two actions brought, by permission, in the original jurisdiction of this Court by the State on the relation of Governor Richard W. Riley and Attorney General Daniel R. McLeod to determine the constitutionality of requirements that those seeking the nomination for the office of magistrate participate in advisory elections. The complaints have been treated as one action...

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