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FIELDING v. S.C. ELECTION COMMISSION

23443

305 S.C. 313 (1991)

408 S.E.2d 232

Bernard FIELDING, Petitioner v. SOUTH CAROLINA ELECTION COMMISSION, The South Carolina Board of State Canvassers, The Charleston County Election Commission, The Charleston County Board of Canvassers, and Chris Merrill, Respondents.

Supreme Court of South Carolina.

Decided July 23, 1991.

Attorney(s) appearing for the Case

Lucas C. Padgett, Jr., of McNair Law Firm, P.A., Daniel E. Martin, Jr., and Armand Derfner, Charleston, for petitioner.

David C. Eckstrom, of Nexsen, Pruett, Jacobs & Pollard, and Asst. Atty. Gen. Treva G. Ashworth, Columbia, for respondents South Carolina Election Com'n and South Carolina Bd. of State Canvassers.

Joseph S. Mendelsohn, Charleston, for respondents Charleston County Election Com'n and Charleston County Bd. of Canvassers.

W. Robert Kinard, North Charleston, and Pamela J. Polzin, Charleston, for respondent Chris Merrill.

Heard June 13, 1991.

Decided July 23, 1991.

CHANDLER, Justice:

From an order of the South Carolina Board of State Canvassers (State Board) overturning a probate judge election in Charleston County, we granted certiorari. We reverse.

FACTS

In the election for the office of Charleston County probate judge Petitioner Bernard Fielding (Fielding), the Democratic party candidate, received 29,492...

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