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ORANGEBURY CTY. DEM. PTY. v. SOUTH CAROLINA STATE ELECTION COMMISSION

No. 24509.

324 S.C. 108 (1996)

477 S.E.2d 707

ORANGEBURG COUNTY DEMOCRATIC PARTY a/k/a the Orangeburg County Committee of the Democratic Party of South Carolina, Respondent, v. SOUTH CAROLINA STATE ELECTION COMMISSION, Appellant.

Supreme Court of South Carolina.

Decided October 28, 1996.

Attorney(s) appearing for the Case

N. Heyward Clarkson, III, of Clarkson, Fortson & Walsh, of Greenville; Attorney General Charles Molony Condon, Deputy Attorney General Treva Ashworth, and Senior Assistant Attorney General Charles H. Richardson, Columbia, for Appellant.

C. Bradley Hutto, of Williams & Williams, Orangeburg, for Respondent.

TOAL, Acting Chief Justice:

In this case, the circuit court ruled that a statute allowing the State Election Commission to collect from the Orangeburg County Democratic Party filing fees for unopposed primary candidates effected an unconstitutional taking of the property of the local Democratic party. Because we find the Orangeburg County Democratic Party lacks any property rights in the filing fees of the unopposed candidates...

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