BEAUFORT COUNTY v. STATE ELECTION COM'N

No. 27069.

395 S.C. 366 (2011)

718 S.E.2d 432

BEAUFORT COUNTY, Scott Marshall, individually and as Director of the Beaufort County Board of Elections and Registration, Chester County, James E. Moore, Sr., individually and as Director of the Registration and Election Commission of Chester County, Greenville County, Joseph Conway Belangia, Jr., individually and as Director of the Greenville County Election Commission and Greenville County Board of Registration, Spartanburg County, Henry M. Laye, III, individually and as Director of Spartanburg County Election Commission, Petitioners, v. SOUTH CAROLINA STATE ELECTION COMMISSION, Marci Andino, as Executive Director of the South Carolina State Election Commission and as a representative of the South Carolina State Election Commission, South Carolina Republican Party, Chad Connelly, as Chairman of the Executive Committee of the South Carolina Republican Party and as a representative of the South Carolina Republican Party, the South Carolina Democratic Party, and Richard A. Harpootlian, as Chair of the Executive Committee of the South Carolina Democratic Party and as a representative of the South Carolina Democratic Party, Respondents. Glenn F. McConnell, in his capacity as President Pro Tempore of the South Carolina Senate, and Robert W. Harrell, Jr., in his capacity as Speaker of the South Carolina House of Representatives, Respondents-Intervenors.

Supreme Court of South Carolina.

Decided November 22, 2011.


Attorney(s) appearing for the Case

Joel W. Collins, Jr. , Christian Stegmaier , and James L. Floyd, III , all of Collins & Lacy, of Columbia, for Petitioners.

Attorney General Alan Wilson , Deputy Attorney General Robert D. Cook , Assistant Deputy Attorney General J. Emory Smith , and Assistant Attorney General J.C. Nicholson, III , of Columbia, for Respondents South Carolina State Election Commission, Marci Andino, as Executive Director of the South Carolina State Election Commission and as a representative of the South Carolina State Election Commission; Kevin A. Hall , Karl S. Bowers, Jr. , and M. Todd Carroll , all of Hall & Bowers, of Columbia, for Respondents South Carolina Republican Party, Chad Connelly, as Chairman of the Executive Committee of the South Carolina Republican Party and as a representative of the South Carolina Republican Party; John T. Lay, Jr. , of Gallivan, White & Boyd, of Columbia, for Respondents the South Carolina Democratic Party, and Richard A. Harpootlian, as Chair of the Executive Committee of the South Carolina Democratic Party and as a representative of the South Carolina Democratic Party; Michael R. Hitchcock and John P. Hazzard, V , for Respondent-Intervenor Glenn F. McConnell, in his capacity as President Pro Tempore of the South Carolina Senate; and Bradley S. Wright , and Charles F. Reid , of Columbia, for Respondent-Intervenor Robert W. Harrell, Jr., in his capacity as Speaker of the South Carolina House of Representatives.

Robert E. Lyon, Jr. , M. Clifton Scott , and John K. DeLoache , of Columbia, for Amicus Curiae South Carolina Association of Counties.


JUDGMENT FOR RESPONDENTS

Chief Justice TOAL:

Petitioners seek a declaration from this Court in its original jurisdiction that the General Assembly has neither authorized the State Election Commission or the County Election Commissions to conduct a Presidential Preference Primary in 2012, nor mandated that petitioners bear the financial burden of conducting the primary. Because we are firmly persuaded that the General Assembly, through passage of Provisos...

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