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: oral arguments scheduled

Tthe South Carolina Supreme Court has scheduled oral argument in the case of Tempel v. Platt case for 9:30 am on January 6, 2010 in Columbia. The exact location will be announced later, and posted on this website. All interested parties are invited to attend. Representatives of the SC Green Party will certainly be there.

Richard Winger of Ballot Access News recently summarized the issues of the case:

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.

This case is also known as "South Carolina Green Party v South Carolina State Election Commission". The names of cases pursued to appeal from state level and on the federal courts are frequently referred to to the names of the litigants.

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