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SOUTH CAROLINA LIBERTARIAN PARTY v. SOUTH CAROLINA STATE ELECTION COMMISSION

No. 27384.

407 S.C. 612 (2014)

757 S.E.2d 707

SOUTH CAROLINA LIBERTARIAN PARTY, Petitioner, v. SOUTH CAROLINA STATE ELECTION COMMISSION, and Marci Andino, in her official capacity as the Executive Director of the South Carolina Election Commission, Respondents.

Supreme Court of South Carolina.

Decided April 24, 2014.

Attorney(s) appearing for the Case

Lauren L. Martel, of Hilton Head Island, for Petitioner.

Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General Robert D. Cook, Assistant Deputy Attorney General Clyde H. Jones, Jr., and Assistant Attorney General Johanna Catalina Valenzuela, all of Columbia, for Respondents.

Michael R. Hitchcock, John P. Hazzard, V and Erin Burt Crawford, all of Columbia, for Amicus Curiae, Senator John E. Courson, in his official capacity as President Pro Tempore of the South Carolina Senate and Senator Larry A. Martin, in his official capacity as Chairman of the South Carolina Senate Judiciary Committee.

ORIGINAL JURISDICTION

PER CURIAM.

Petitioner asks this Court to issue a declaratory judgment in our original jurisdiction to determine whether the Equal Access to the Ballot Act (the Act)1 is in effect. If the Court determines the Act is effective, petitioner requests the South Carolina State Election Commission (the Commission) be ordered to conduct a Libertarian Party primary...

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