“…Except as provided herein, the county executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all statements of intention of candidacy with the county election commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. The state executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all the statements of intention of candidacy with the State Election Commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. No candidate’s name may appear on a primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if (1) the candidate’s statement of intention of candidacy has not been filed with the County Election Commission or State Election Commission, as the case may be, by the deadline and (2) the candidate has not been certified by the appropriate political party as required by Sections 7-13-40 and 7-13-350, as applicable. The candidate’s name must appear if the candidate produces the signed and dated copy of his timely filed statement of intention of candidacy.”

Was the state election commission’s policy pre-cleared under Section 5 of the Voting Rights Act?

You are now saying that South Carolina previously didn’t enforce its requirement. The language in the law is not ambiguous.

We are speculating as to why the law is written that way. I’m quite sure that it was not written so that parties could ignore it if they so chose.

The law is more likely there so that party candidates declare their candidacy at the same time, and so that South Carolina can enforce its sore loser provisions, which apply both to primary losers and convention losers.

The political parties are executing procedures on behalf of the State of South Carolina. The election commission is responsible for oversight, and ensuring that the parties nominate in compliance with the State law.

Since there is a time period specified in the law, it is reasonable that declarations be dated.

Texas has a similar system where candidates for party nomination pre-file (regardless whether the party nominates by primary or convention – it applies to parties attempting to qualify as well). The filings are made with the party chairs (either State or county depending on the office sought). Texas does go further and have an explicit procedure for forwarding the filings with the Secretary of State. But in absence of such a procedure in South Carolina, it is reasonable regulation by the election commission to require the filings be executed.

7-11-15

“In order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy between noon on March sixteenth and noon on March thirtieth as provided in this section.”

None of this sort of ad-hoc rule making would have been permitted under the leadership of former Executive Director Jim Hendrix. Since the appointment of Marci Andino the Election’s Commission has turned into her personal fiefdom, with a disregard to legal process that would make a plutocrat blush at it’s brazenness.