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JONES v. SOUTH CAROLINA REPUBLICAN PARTY

Opinion No. 27854.

425 S.C. 339 (2018)

822 S.E.2d 333

J. R. JONES, South Carolina Democratic Party, and McCormick County Democratic Party, Appellants, v. SOUTH CAROLINA REPUBLICAN PARTY, McCormick County Republican Party, and Clarke Anderson Stearns, Respondents.

Supreme Court of South Carolina.

Filed December 12, 2018.

Attorney(s) appearing for the Case

James Emerson Smith Jr. , James E. Smith Jr., PA, of Columbia; Tommy Lee Stanford , Stanford & Assoc., PC, of Greenwood; E. Charles Grose Jr. , Grose Law Firm, of Greenwood; and William Hunter Alexander , Law Office of William H. Alexander, LLC, of Barnwell, for Appellants.

Robert E. Tyson Jr. and Vordman Carlisle Traywick III , Robinson Gray Stepp & Laffitte, LLC, of Columbia, for Respondent Clarke Anderson Stearns; Karl Smith Bowers Jr., Bowers Law Office, of Columbia, for Respondents South Carolina Republican Party and McCormick County Republican Party.

We address two questions in this appeal. The first question is whether a challenge to an elected official's legal qualifications to serve in the office to which he has just been elected must be brought pursuant to the administrative provisions of Title 7 of the South Carolina Code, or whether such a challenge may be brought in circuit...

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