Here’s an ultra quick snapshot of what’s going on. Many new candidates for office didn’t turn in two forms simultaneously, as apparently required. Also, two laws written at different times, seem to contradict each other. The result of this has placed the South Carolina electoral process in an all out boondoggle. It’s to be noted, incumbents are immune from having to turn in the two forms.
Here’s where I’m coming from. If five or 10 folks failed to file properly, I’d get that. However, if almost 200 candidates across our state fail to file properly, I have to think on some level there’s a flaw in the system itself. Seriously, the sample of now disqualified candidates is simply too large not to recognize there’s an imperfection somewhere.
I hear partisan friends all over the place saying things like, ” I think he’s out because he didn’t file paperwork properly. What a dumb a**.” I say, “Oh, OK. Have you checked the list? It’s over 100 candidates, and yours are on the list, too.” Response: “I mean, I’m just sayin….I dunno.” MmmmHmm…..
How interesting would it be to dig up which winning statewide candidates made the same mistake two years ago, but went unnoticed.
I’m not sure if it’s the Legislature’s or the Supreme Court’s duty to deal with this sort of thing. Either way, someone needs to do something. For instance, one district now has zero candidates on the ballot, and one fella, who’s only running to get back at a judge, now has a clear path to victory.
Don’t get me wrong. If something isn’t done to reverse the decision, I’m sure we’ll all survive. That said, given the vast number of potential candidates eliminated, I have to raise the question: Who made the mistake(s)? The writers of the election law, or the readers?
The legislature wrote the law and the Supreme Court enforced the law. Many, if not all of those candidates removed were those that filed after the very clear law date of March 30. It's on your application as a candidate in bold letters under box # 2 (Have you filed your Statement of Economic Interest Form or have a current one on file?) It's pretty spelled out. While I agree the law should be changed for all people to file by same date including incumbents, if you can't read and understand the law, I certainly don't want you making law.
Anyone that filed the necessary papers on or before Noon on March 30 should be allowed, I agree, but allowing those that were after the fact is just wrong and political grandstanding. Besides, SC is a voting rights state based on our history of disenfranchising voters, so any major change or primary move would be subject to DOJ approval.
Clear as can be:
“Statement of Economic Interests Form The State Ethics Act requires that candidates electronically file this form at the time of becoming a candidate and provide evidence of such filing with the official responsible for the election. If a candidate fails to electronically file the form at the time of filing as a candidate, his name shall not appear on the ballot. If through error or omission, a candidate’s name appears on the election ballot, the candidate shall not be certified subsequent to the election”
You have to file for election:
General Election: between noon, March 16 and noon, March 30 – Your name will not appear on the primary ballot or convention list of candidates unless your Statement of Intention of Candidacy has been filed by the deadline with the appropriate officials. The above deadlines are required by the SC Code of Laws 7-11-15 or 7-13-190, as amended.
So if you are following the law and you file an intention of candidacy, you have to file your SEI. It can't be much clearer.
The Legislature wrote the law and the court upheld the law. Some of the County parties didn't follow the law, and that falls back on the State parties, but at the end of the day who is responsible? The CANDIDATE – it's like taxes, your CPA also signs your tax form, but guess who the IRS will come after – the responsible party, i.e. the taxpayer/filer