SC Green Party Ballot Access Case before the Federal Court of Appeals

This morning in Richmond, Virginia, the American Civil Liberties Union (ACLU), our country's preeminent institutional guardian of Constitutional rights, argued the case of South Carolina Green Party (SCGP) v. South Carolina State Election Commission (SEC) in the Federal Court of Appeals (for the Fourth Circuit). For details click on this link: http://www.aclu.org/voting-rights/aclu-tells-appellate-court-south-carolinas-ballot-access-law-unconstitutional

Although a decision by the court may be weeks or months away, the SCGP remains optimistic. Furthermore, although I would not presume to speak for the ACLU, based on its unwavering commitment to the protection of Constitutional rights, I think the ACLU would, if necessary, be prepared to argue this case in the Supreme Court of the United States.

- Thanks to Eugene Platt for the update!

Various voting rights websites have been following this case. Ballot Access News offers this summary:

On May 11, the 4th circuit heard oral arguments in South Carolina Green Party v South Carolina Election Commission, 09-1915. The issue is whether the Green Party’s convention nomination of a legislative candidate, early in the election year, can be voided if that candidate then tries and fails to get another party’s nomination. The three judges were Barbara Keenan, an Obama appointee; Sam Wilson, a visiting U.S. District Court judge from Virginia and a Bush Sr. appointee; and Clyde Hamilton, another Bush Sr. appointee. Perhaps someone who attended the hearing may help us out and describe how the hearing went, via the comments section.

We will post the text of the court's decision when it is released.

SC Green Party Ballot Access Case Moves Ahead

The state of SC has filed its appellate brief in our ongoing ballot access case. Richard Winger's excellent Ballot Access News has posted the following analysis as well as a link to the 33 page brief.

In 2006, James Island Public Service District Commissioner Eugene Platt, running as a Democrat, came within 60 votes of defeating the GOP incumbent in SC House District 115. In 2008, Mr. Platt secured the Green Party nomination, before being excluded from the ballot by the SC State Election Commission after losing the district Democratic primary. Today, Eugene is once again seeking the District 115 seat, running solely as a Green.

Get involved in Eugene Platt's campaign by visiting http://voteplatt.com/contact.php.
You can donate to Eugene's campaign here: http://voteplatt.com/donate.php



From BallotAccessNews.org:

South Carolina Files Brief in Opposition to Green Party Arguments in Ballot Access Case

November 17th, 2009

On November 16, attorneys for the state of South Carolina filed this brief in the lawsuit South Carolina Green Party v South Carolina State Election Commission, pending in the 4th circuit.

The Green Party nominated Eugene Platt for state legislature on May 3, 2008, at a convention. The next month, Platt was defeated for the Democratic Party nomination for the same seat. South Carolina permits fusion, so Platt had been hoping to be the nominee of both parties in November. Because he lost the Democratic nomination in June, the Green Party nomination was considered void by the state, and Platt was omitted from the November ballot entirely. The state’s brief mostly ignores Platt’s strongest precedent, called California Democratic Party v Jones, the U.S. Supreme Court 2000 decision that said it is unconstitutional for a state to force a party to let outsiders help determine its nominee. Platt argues that since the Democratic Party was permitted to cancel out his Green Party nomination, the South Carolina system (as appled to instances when a minor party nominates first, before a major party nominating event) violates the principles set forth in California Democratic Party v Jones.

The state argues that Platt knew he was jeopardizing his Green Party nomination by running in the Democratic primary, and if he wanted to guarantee his Green Party nomination he should have avoided seeking the Democratic nomination. One wonders, what is the purpose of South Carolina’s fusion law, if not to encourage (rather than discourage) candidates from trying to use it.

The state’s brief also has a factual error on page 23. It says the U.S. Taxpayers Party nominated Pat Buchanan for president in 1996. This is not true. The U.S. Taxpayers Party only held one presidential convention in 1996, in San Diego, in August 1996, and it nominated Howard Phillips for President.

Source:
http://www.ballot-access.org/2009/11/17/south-carolina-files-brief-in-opposition-to-green-party-arguments-in-ballot-access-case/

SC appellee's brief:
http://www.ballot-access.org/2009/026-Brief-of-Appellees.pdf

Eugene Platt Announces 2010 Candidacy for State House Seat 115

Tuesday Morning, October 13, 2009

Eugene Platt, the only Green serving in an elected position in South Carolina, announced today his candidacy for State House Seat 115. Currently, Platt serves on the James Island Public Service District Commission. He has held that position since 1993 and most recently was reelected in 2008 as the top votegetter among eight candidates.

Platt pledges, if elected, to be one of the strongest voices in the State Legislature for working families. To that end, he would not even wait until the Legislature convened in 2011 to introduce legislation to end South Carolina's status as a so-called "Right to Work" state---he would pre-file such a bill. Platt notes that "Right to Work" states have not fared nearly as well economically as those states which honor workers with fewer restrictions on their rights to form and use unions to ensure fair pay, good working conditions, and health care.

Platt, a product of the public schools of this state---from elementary school through the University of South Carolina---would be a strong supporter of those schools. To that end, he is unequivocally opposed to the use vouchers that use public funds for private school education. He also says State college tuition increases should not exceed the general rate of inflation.

Naturally, as a Green, environmental and social justice issues are among Platt's chief concerns. On numerous occasions he has spoken out against unbridled development. Irresponsible developers do not consider him their friend.

Platt says the criminal justice system must be completely revamped, focusing on the safety of law-abiding citizens. To that end, the State Highway Patrol should be increased by at least 100 new troopers to insure the safety of our highways. At the same time, recognizing that capital punishment compromises our corporate morality and has no place in a civilized society, he would work to end it in South Carolina---and the nation. (The United States is one of the very few democracies that still impose capital punishment, putting it out of step with most of the civilized world.)

State House District includes most of James Island and Folly Beach. Platt, a progressive Green, expects to face both a conservative Republican and a centrist Democrat in the November 2010 election. He says he is encouraged by growing disenchantment about both major parties being expressed by voters not only in House District 115, but all across America. Voters want true altenatives---and they are truly ready to "Live Green, Vote Green." This is reflected in the fact that the Green Party is the fastest growing political party in the United States!

Eugene Platt
Green Candidate for State House Seat 115

For additional information about the candidate and the Green Party, visit these websites:
http://www.voteplatt.com
http://www.gp.org

Moves in SC government toward restricting political access

Two restrictive campaign bills are before the South Carolina State Legislature. There is insufficient time for the bills to pass this year, but they will still be on the agenda when the session resumes for 2010.

H. 3746 would complicate independent campaign by prohibiting primary voters from signing candidacy petitions.

H. 3067 would ban political fusion. Last year, the state electoral commission threw Green Party nominee Eugene Platt off the November ballot for House District 115 because he was defeated in the Democratic Party primary. The state has given major parties a virtual veto over ambitious cross-party campaigns. H. 3067 would prohibit fusion outright.

The South Carolina State Election Commission has also moved to restrict the ability of smaller parties to nominate by convention. According to a recent article on Ballot Access News, the Commission now requires all candidates to submit declarations of candidacy in the early spring. In the previous years, this was only applied to candidates entering a primary. Since only smaller parties nominate by convention, the change seems intended to make challenges to unpopular major party primary winners more difficult.

Although the anti-fusion bill has 11 sponsors, versus the restrictive petition bill's lone sponsor, the lack of movement may be a hopeful sign. There is no groundswell of public support for limiting campaigns. The politicians' and Election Commission's tendency toward restricting free elections points out the necessity of complete transparency in government and grassroots activity to open up the political process.