Tempel v. South Carolina State Election Commission

Summary

The South Carolina Supreme Court held that Paul Thurmond was not exempt from the statutory requirement to file a Statement of Economic Interests simultaneously with his Statement of Intention of Candidacy. The court further held that his resulting disqualification permitted the Republican Party to conduct a special primary election to fill the vacancy under South Carolina Code section 7-11-55.

Holdings

1. Thurmond was not exempt under section 8-13-1356(A) because the statement of economic interests on file was not filed in connection with the municipal office he currently held.
2. Thurmond was selected through a party primary and was a party nominee for purposes of section 7-11-55, notwithstanding the fact that he was unopposed and was erroneously certified.
3. A candidate improperly placed on the ballot and certified because of a defective filing may be considered disqualified from the primary election for purposes of section 7-11-55, even though the defect concerns ballot eligibility rather than a constitutional qualification for office.
4. The circuit court properly ordered the Republican Party to conduct a special primary election under section 7-11-55.

Questions Presented

1. Whether Thurmond was exempt from the simultaneous filing requirement of South Carolina Code section 8-13-1356(B) because he had an economic-interest statement on file as a public official.
2. Whether Thurmond's failure to comply with the simultaneous filing requirement constituted a disqualification after nomination under section 7-11-55.
3. Whether section 7-11-55 authorized a special primary election to replace Thurmond as the Republican nominee.
4. Whether Thurmond was selected through a party primary and was a party nominee for purposes of section 7-11-55.

Disposition

affirmed