Florence County Democratic Party v. Florence County Republican Party

Citations: 398 S.C. 124; 727 S.E.2d 418; 2012 S.C. LEXIS 116Docket: Appellate Case No. 2012-211937; No. 27128

Court: Supreme Court of South Carolina; June 5, 2012; South Carolina; State Supreme Court

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The Court addresses a declaratory relief matter involving the alleged improper certification of candidates by the Florence County Republican Party for the June 12, 2012 primary. Plaintiffs argue that certain candidates were improperly certified due to non-compliance with the filing requirements for a Statement of Economic Interests (SEI) as per S.C. Code Ann. 8-13-1356. The defendants, including the Florence County Election Commission and the South Carolina State Election Commission, contend that the candidates are exempt from these requirements under S.C. Code Ann. 8-13-1356(A). 

The Court grants declaratory relief to the plaintiffs, stating that the County Republicans misinterpreted the statutory provisions regarding candidate exemptions. It affirms that non-exempt candidates must file an SEI with a Statement of Intention of Candidacy (SIC) simultaneously, as established in Anderson v. S.C. Election Comm’n. The County Republicans acknowledged certifying candidates who did not meet these requirements but argue that these candidates were public officials exempt from filing paper copies of their SEIs because they had filed online prior to their SIC. They claim that the definition of 'candidate' includes individuals exploring candidacy and that such individuals had SEIs on file, thus exempting them from the requirement under S.C. Code Ann. 8-13-1356(B). They assert that the definitions in S.C. Code Ann. 8-13-1300 support their stance, emphasizing that 'public officials' must have current disclosure statements filed to qualify for exemption.

The primary rule of statutory construction focuses on determining and implementing the legislature's intent. Statutory language is interpreted with consideration of the statute's purpose, avoiding constructions that yield absurd or meaningless outcomes. The court presumes that the General Assembly intended for its statutes to have meaningful effect and that no futile acts were intended. Specifically, S.C. Code Ann. 8-13-1356, which governs candidates’ filing of a Statement of Economic Interests (SEI), has distinct provisions separate from general filing requirements. The court emphasizes the principle that when a more specific statute addresses an issue, it takes precedence over a general statute. In this context, S.C. Code Ann. 8-13-1356 mandates that candidates file an SEI with a State Ethics Commission (SIC), unless they already hold the office and have an SEI on file. The court's prior decision in Anderson clarified these requirements, and the argument that candidates are public officials exempt from these filing requirements was not raised in that case. Despite being aware of the Anderson ruling, the County Republicans certified candidates who did not comply with the SEI filing requirement. The court expresses disappointment in the County Republicans for failing to ensure qualified candidates for party primaries and rejects their interpretation of the statutes, ruling that candidates who did not file the necessary SEI were improperly certified.

The County Republicans are ordered to submit a list of non-exempt candidates who filed a Statement of Economic Interests (SEI) and a Statement of Intent to Campaign (SIC) by 10:00 a.m. on June 6, 2012, along with a sworn statement verifying their proper certification as defined by the Court in previous cases. The Florence County Election Commission must remove any improperly certified candidates from the ballots before the party primaries on June 12, 2012. If removal is not feasible, signs must be placed at polling locations to inform voters that votes for these candidates will not be counted. The County Republicans are responsible for all costs related to ballot amendments or sign postings. Votes for improperly certified candidates will not be counted, and if such candidates remain on the ballot, political parties must adhere to South Carolina law and not certify them for the general election. The Court's ruling only pertains to the Florence County Republican Party Primary, and requests for relief in other elections are denied. The ruling applies statewide, emphasizing that other counties must comply to avoid repercussions. Additionally, petitions for rehearing must be submitted by 9:00 a.m. on June 6, 2012, due to the urgency of the situation. The judgment is in favor of the plaintiff.