Last Updated: September 10, 2010 at 1:39 PM

South Carolina Green Party v. South Carolina State Election Commission

Case Information

Date Filed: August 7, 2008
State: South Carolina
Issue: Ballot Access
Courts that Heard this Case: U.S. District for District of South Carolina (Case 3:08-cv-02790)

Issue:

Whether South Carolina law, which provides that a candidate that seeks a nomination from multiple parties will be banned from appearing on the ballot if any one of those parties rejects his candidacy, violates the U.S. Constitution. 

Status:

Complaint and Motion for Preliminary Injunction filed 8/7/08.  Motion to Intervene filed by the Charleston County Democratic Party on 8/22/08.  Response to Motion for Prelminary Injunction filed 8/25/08.  Answer filed on 8/28/08.

Court Documents

• Complaint (filed 8/7/08)
• Local Rule 26.01 Answers to Interrogatories (filed 8/7/08)
• Motion for Preliminary Injunction (filed 8/7/08)
  • Memorandum in Support
• MOTION to Intervene by Charleston County Democratic Party (filed 8/22/08)
  • Exhibit A - Answer of Intervenor
  • Exhibit B - Memo Opp to Plaintiffs' Motion for Preliminary Injunction
  • Exhibit 1 - Johnson Circuit Court Order
  • Exhibit 2 - Statement of Intention of Candidacy
  • Exhibit 3 - Notice of Candidacy and Pledge
  • Exhibit 4 - Official Primary Results
  • Exhibit 5 - S.C. Green Party Website Article dated 7/1/08
• RESPONSE in Opposition to MOTION for Preliminary Injunction (filed 8/25/08)
  • Exhibit 1 - 2008 Democratic Party Primary Results for House Seat 115
  • Exhibit 2 - Platt's Green Party Statement of Intention of Candidacy
  • Exhibit 3 - South Carolina State Election Commission Minutes for 6/27/08
  • Exhibit 4 - 2008 SC Democratic Party Notice of Candidacy and Pledge
• SUPPLEMENT by South Carolina Green Party (filed 8/26/08)
  • Case: White v. West
• ANSWER to Complaint (filed 8/28/08)
• Local Rule 26.01 Answers to Interrogatories (filed 8/28/08)
• CONFERENCE AND SCHEDULING ORDER (entered 9/4/08)
• REPLY to Response to MOTION for Preliminary Injunction (filed 9/5/08)
• NOTICE of Hearing on MOTION for Preliminary Injunction : Motion Hearing tentatively set for 9/18/2008 (entered 9/8/08)
• RESPONSE in Opposition to MOTION to Intervene (filed 9/9/08)
• RESPONSE in Support of MOTION to Intervene (filed 9/9/08)
• SUPPLEMENT by South Carolina Green Party (filed 9/11/08)
  • Exhibit
• REPLY to Response to MOTION to Intervene (filed 9/11/08)
• Additional Attachments to MOTION to Intervene (filed 9/12/08)
  • Johnson Order
• SUR REPLY to REPLY to Response to MOTION for Preliminary Injunction (filed 9/12/08)
• NOTICE OF RESCHEDULED HEARING - Motion Hearing on 9/18/2008 at 2:00 cancelled and rescheduled to 9/18/2008 01:30 PM (entered 9/16/08)
• SUPPLEMENT by South Carolina State Election Commission (filed 9/18/08)
  • Injunction Order issued by S.C. Circuit Court
• Minute Entry. Proceedings held before Honorable Cameron McGowan Currie: denying Motion for Preliminary Injunction; granting Motion to Intervene as orally stated on the record. (entered 9/18/08)
• Exhibit List (filed 9/18/08)
• NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (filed 10/6/08)
• Local Rule 26.01 Answers to Interrogatories by Charleston County Democratic Party (filed 10/8/08)
• Rule 26(f) Report (filed 10/8/08)