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CROMER v. STATE OF S.C.

Nos. 90-2429, 90-2444.

917 F.2d 819 (1990)

James L.M. CROMER, Jr.; James A. Amick; Martha N. Amick; John B. Allen, Jr.; Marian C. Allen; Margaret W. Kherlopian; Ellen P. Leggett; Patricia R. Goodwin; Darlene G. Jones; Bruce L. Pearson; Julia A. Pearson; Eddie Ruth Brawley, Plaintiffs-Appellees, v. STATE OF SOUTH CAROLINA, Defendant-Appellant, and Michael P. Cinnamon, Executive Director of the Richland County Executive Commission; Richland County Election Commission, Defendants. James L.M. CROMER, Jr.; James A. Amick; Martha N. Amick; John B. Allen, Jr.; Marian C. Allen; Margaret W. Kherlopian; Ellen P. Leggett; Patricia R. Goodwin; Darlene G. Jones; Bruce L. Pearson; Julia A. Pearson; Eddie Ruth Brawley, Plaintiffs-Appellees, v. Michael P. CINNAMON, Executive Director of the Richland County Executive Commission; Richland County Election Commission, Defendants-Appellants, and State of South Carolina, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided October 30, 1990.

Attorney(s) appearing for the Case

Edwin Evans, Chief Deputy Atty. Gen., argued (Treva G. Ashworth, Sr. Asst. Atty. Gen., on brief), for defendant-appellant State of S.C.

Edwin Evans, Chief Deputy Atty. Gen., argued (John C. Zilinsky, Columbia, S.C., on brief), for defendants-appellants Richland County Election Com'n and Executive Director.

Katharine I. Butler, University of South Carolina School of Law, Columbia, S.C., argued (Randall M. Chastain, Lourie, Curlee, Barrett and Popowski, Columbia, S.C., Daniel A. Carrell, Hunton & Williams, Richmond, Va., on brief), for plaintiffs-appellees.

Before ERVIN, Chief Judge, and PHILLIPS and WILKINSON, Circuit Judges.

PHILLIPS, Circuit Judge:

South Carolina law allows independent candidates for election to the state House of Representatives (among other offices) to be nominated by voter petition and thereupon to have their names placed on the ballot as candidates in the state's November general election. Until 1988, access to the general election ballot by this route required only that an otherwise qualified candidate file a sufficiently supported nominating petition by August...

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