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BACKUS v. SPEARS

No. 81-1517.

677 F.2d 397 (1982)

Rev. Vandroth BACKUS, Dr. R. N. Beck, Robert A. Durant, Roberta D. Durant, Rev. Granville A. Hicks, Rev. Edward H. Thomas, Henry Thomas, and Cleveland H. Townsend, Appellants, v. Mrs. Rosa Townsend SPEARS, Member; Dr. Eileen Kirkley, Member, and Dr. L. D. Hendrick, Chairman, individually and as members of the Election Commission of the City of Florence, South Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 29, 1982.

Rehearing Denied June 3, 1982.

Attorney(s) appearing for the Case

Frank E. Cain, Jr., Bennettsville, Mordecai C. Johnson, Florence, for appellants.

James R. Bell, Florence, for appellees.

Before HAYNSWORTH, Senior Circuit Judge, and PHILLIPS and ERVIN, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

In February 1981, the Florence, South Carolina, city council enacted Ordinance 81-3, which set the dates for that year's primary and general city elections and prescribed the method for placing candidates on the ballot by petition. Subsequently, Mordecai Johnson was defeated in the Democratic Party primary election for a seat on the city council. As contemplated by S.C.Code § 7-11-210 (1981 Cum.Supp.), Johnson had pledged...

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