The South Carolina Libertarian Party filed suit in Federal District Court Friday, October 27, 2006, arguing the State Election Commission and the Attorney General’s office have consistently allowed the state’s Republican and Democrat parties to break election law without penalty. Specifically, the Republican and Democrat parties have failed for years to reorganize their county parties as required by law, and as a result the law (7-9-10) requires they be decertified as political parties.
“The SCLP can now claim an interim victory in our struggle for legal elections and legitimate political parties in South Carolina,” stated Tim Moultrie. “In the hearing held in Federal Court Monday, October 10, 2006, the Judge rejected arguments from attorneys for the State Election Commission and the Attorney General that this suit be decided in the State Courts. Instead, an ‘order for an expedited briefing’ was issued from the bench.”
This hearing is scheduled for November 6, 2006.
“The upshot of this order is that the issue remains in the Federal Court and is distanced from the good ol’ boy club that dominates South Carolina’s political system,” Moultrie said. “The SCLP has requested that the elections be delayed and a writ of mandamus (an order to follow the law) be issued.”
“Given the timing of the hearing, this is a nail-biter to be sure, but the fight for right is always worth it.”
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