Skip to comments.APNewsBreak: Suit may stop SC presidential primary
Posted on 10/18/2011 4:40:00 PM PDT by mandaladon
COLUMBIA, S.C. (AP) -- South Carolina lacks the authority to conduct a 2012 presidential primary, according to a lawsuit filed by four counties at the state Supreme Court.
The counties, in a case filed Monday, argue a 2008 primary law doesn't apply to running a 2012 primary. They argue the state Election Commission lacks the authority to conduct the primary and enter a contract with the state Republican Party to pay for it. And they say the commission can't require counties to cover expenses for the GOP primary.
The counties said they "are on the precipice of having to expend precious public funds to conduct what is wholly a private function on behalf of a private political party."
The lawsuit names the state Election Commission and the state Republican and Democratic parties.
State GOP Executive Director Matt Moore said the primary is part of the state's law. "It's clearly written in this year's budget law that the state should be involved with the 2012 primary so any claim otherwise is wrong," Moore said. He said the primary is an important public function, not a private operation.
The litigation was filed hours after a meeting between county voting officials and the state Election Commission and caps weeks of arguments about counties getting stuck with the tab for putting on the primary.
The Supreme Court has not decided to hear the case. If it did, and ruled in the counties' favor, legislators could be forced to come into session to pass a special primary law as deadlines loom for the Jan. 21 contest. The state has to have names to put on the ballot by Nov. 1 and it has to have overseas absentee ballots in the mail by Dec. 7.
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South Carolina lacks the authority to conduct a 2012 presidential primary
Holy cow. Not a primary at all? Thank God Florida moved up their primary or we seriously would have blue states picking our candidate. If South Carolina drops out of the primary season it would not be good. What is the governor doing about this. She should be all over the media exposing this and coming up with conclusions for correcting this. She has been too quite lately anyway.
Somewhere, hidden from all of us, are panicked Establishment Republicans.
Somehow I feel this is designed to hurt Cain.
Oh Geez....Great. The state is broke so I may not get a choice in the Presidential Race......Some Freeper vote Herman Cain for me...LOL
So let me see if I understand this correctly. A lawsuit was filed. The Supreme Court is not going to hear the case. So it is, shall we say, a moot point. Or would that be mute? ;-)
Not having a primary is not going to go over well
Was SC one of the states that recently changed their date?
So this thread is much ado about nothing?
“Somewhere, hidden from all of us, are panicked Establishment Republicans.”
Right on the money. This has their finger prints all over it. If they can get enough of the Thurston Howell/Karl Rove votes before the southern primaries, they and the complicit media can declare Mittens the winner before it begins.
I never thought I would see the day when the party I’ve been loyal to, held my nose and voted for, would stoop to the level of Democrats. Not to mention the all out assault they have waged on FR the last couple of weeks.
Aside from abortion, taxes, and immigration have been the driving positions we wanted from a candidate, and the only candidate even addressing these issues in this election is being attacked, not by others with better ideas, but by people arguing that we shouldn’t do anything about them. For me that certainly exposes their agenda.
It’s no wonder we got McLame last time.
I have a serious question. I was going to write a vanity post about it, but I figured I’d get flamed because I’m sure it’s been brought up before, but here goes:
If the Republican establishment sabotages us bad enough, and the Democrats wreak enough havoc on our primary process to give us Mitens against the popular will of the Conservative voters, can the delegates walk into the convention and change the presumed nominee. Isn’t it the delegates vote that counts in the end?
It would be great fun watching liberal heads explode right there on live TV.
Somehow, these counties didn’t mind when they were paying for the Hillary-Obama primary in 2008 . . . .
I agree. The parties should each hold and fund their own primary with their own members only.
oh what the hell...we don’t need primaries, those things are only good for liberal states!? Stupid idiots!
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“... can the delegates walk into the convention and change the presumed nominee...”
Rush has talked about that in the past. While that can happen in theory, in his opinion it will never happen in reality.
“The Supreme Court has not decided to hear the case”. Hey Friend, you need to read this three times like I needed too. The Court has not decided, to or not to, hear the case. This was written to fool the reader, or just a piss pour AP writer. ;0)
Ah, gotcha. Thanks.
Here’s your answer. The GOP fix for Romney is in. Terrified of Cain’s numbers. http://www.realclearpolitics.com/epolls/2012/president/sc/south_carolina_republican_presidential_primary-1590.html
I smell a well-coiffed, plastic-smiled rat.
“has not decided to” versus “has decided not to”
Who’s behind it? Rats or Rinos?
AND at the time of their choosing. Reddest States first, no crossovers.
“The Supreme Court has not decided to hear the case. Hey Friend, you need to read this three times like I needed too. The Court has not decided, to or not to, hear the case. This was written to fool the reader, or just a piss pour AP writer. ;0)”
+1, I also had to read it three times. But came to the same final conclusion. Could have been fixed with 4 words: “yet,” “whether,” “or” and “not.”
“The Supreme Court has not [yet] decided [whether or not] to hear the case.”
Occupy the Hamptons!
The next step in the Romney GOP Establishent attempt to railroad his nomination would be to move New Hampshire’s primary into December so they could get a Romney win as momentum going into Iowa on January 3rd and Nevada (where Romney stands a chance with Mormon support) on January 14th.
Hopefully they could extinguish oppposition before Florida hits on January 31st.
South Carolina on January 21st could complicate matters.
When one gets into the guts of delegate selection for the GOP convention, over 500 delegates are party officials or elected officals like Senators and such. They are locked into unelected slots from their respective states.
Heck, 90 percent of them must be Romney supporters so he starts the whole process with a big jump.
The GOP (Republican National Committee) has decreed that early contests are proportional in delegate allocation and is allowing later contests in places like Connecticut and New York (RINOland) to be winner take all.
I don’t have a link handy, but search “Green Papers” and you will find a site that details the process in each party for primaries, cacucuses and delegate selection etc.
Watch this. They are right.
Somebody trying to make news.
Does the governor of South Carolina have line item veto authority? If she doesn't then this AP writer is a real airhead.
This smells of Willard.
I agree with the others, Cain is leading big time there and the GOP is trying to stop it to get their man Romney in ...
I believe they do. However, the Governor’s executive authority in SC is otherwise extremely weak. SC is a state where the General Assembly holds all the power and they will fight tooth and nail at any executive-branch attempt to limit or deny it. A heavily-Republican General Assembly voting to override Haley’s veto and sticking taxpayers with the primary bill is typical.
Willard does not want to lose this primary to Cain. That is what is going on here. No one else has a motive.
BUT...But...but...I thought Cain is just a stalking horse for Mitt?
You wouldn’t even necessarily need the “or” or “not”. Generally when using the term “whether” the “or not” is implied and redundant. You also don’t necessarily need the word “yet” as it is entirely possible the case may never reach SCOTUS. I think if you just put it as “The Supreme Court has not decided [whether] to hear the case” would be sufficiently clear. But I also don’t see anything wrong with how it is written... maybe it’s because I’ve read many court opinions in my time but that statement seems pretty clear to me that the Court just has not heard the case yet...
That sentence may just have been poor wording on the author's part. It has a much different meaning than "The Supreme Court has decided not to hear the case."
Great answer/response. I felt the same way after wading through this BS:
“Whos behind it? Rats or Rinos?”
’ Both. There’s no difference.’
I love Rush. I’m a 2 year at a time member of 24/7, and subscriber to the Letter. With all due respect to Rush, and with the very existence of our country in the balance, if Mittens gets the nomination, and it appears to be because of establishment, and Democrat tampering, then the delegates should walk into that convention and tell the National GOP to go pound sand.
After 2008, we should have fixed the whole open primary issue by now, but it’s clear now why they didn’t.
State primaries for both parties should be held on the same day, and they should be closed to anyone not registered to the party. That way if Dems want to interfere with our primary they have to sacrifice voting in theirs. And vice versa. Again all due respect to Rush, but I was never very comfortable with the “Operation Chaos” thing, and I know he was poking back at Dems who had already been doing it to us, but I always thought it was a case of too much “stooping to their level”.
I would have to agree with the counties. If the sole purpose of the election is to pick the GOP presidential candidate and not to choose all candidates for all state and federal offices, then I would be opposed to using tax dollars to fund the election.
Unless the primary covers all potential candidates for the 2012 congressional, legislative, and senatorial races, then South Carolina has no business using tax dollars to finance this primary.
This is such a great reminder!
Political parties do not appear in the US Constitution.
Political parties are not required by the US Constitution.
There is no such thing as a "2 party system" in the US Constitution.
Political parties are, as this article says, PRIVATE entities.
Great catch and analysis, P-M.