CONTACT INFORMATION:
803.530.2550
109 Sommerford Ct.
Lexington, SC 29072
Email: todd@atwaterforhouse.com
Paid for by Todd Atwater for House
Ballot Upheaval
Last Wednesday, the State Supreme Court issued a decision which dramatically impacts this year’s elections across the state at all levels of state and local government.
Supreme Court Decision: Last month, a lawsuit was filed in Lexington County in a dispute over the requirements for a candidate's name to properly appear on a primary election ballot under the state law governing requirements for filing for office. The state law was passed in 1991 and effective in 1992. The State Supreme Court ruled that the 1992 state law requires an individual to file a Statement of Economic Interest (SEI) at the same time and with the same official with whom a Statement of Intention of Candidacy (SIC) is filed, and that the same state law prohibits political party officials from accepting an SIC which is not accompanied by an SEI. The state law at issue exempted any public official who already had a current SEI on file. Accordingly, the Court held that the names of any non-exempt individuals who did not file with the appropriate political party an SEI simultaneously with an SIC were improperly placed on the party primary ballots and must be removed.
Effect of Decision - Statewide: In the wake of Wednesday’s decision, the State Republican and State Democratic Parties were required to provide the State Elections Commission by this past Friday at noon with the list of candidates which the Parties certified to be on the ballot under the Supreme Court’s decision. The Republican Party certified over 300 candidates and did not certify 88 candidates statewide. The Democratic Party certified over 200 candidates and did not certify 95 candidates statewide.
How Did this Happen? A separate state law (not governing requirements for filing for elective office) became law in 2010 requiring that certain filings with the State Ethics Commission be filed electronically. One of those filings is the Statement of Economic Interest (SEI). Many of the effected candidates filed their SEI electronically as required by this 2010 law. The State Supreme Court ruled that this 2010 law did not change the requirements to qualify as a candidate.
What’s Next? Legislation to address the problem by allowing many of the uncertified candidates to be placed back on the ballot is being considered this week at the State House. S.1512 was filed late last week and a similar bill will be introduced today in the House.
This is a dreadful situation for both candidates and voters. It's tough enough to put yourself out to be a candidate, then get knocked off the ballot five weeks before the election. It's hurtful and disappointing to those who have worked so hard and my heart goes out to them. On the other hand, we are a nation of laws that must be followed; the state Supreme Court did just that. The twenty year law has never been a problem, but with the electronic filing currently being used, the political parties failed to require adherence to the 'paper filing' law. There's little doubt we will pass legislation to modernize the law and make it easier for candidates to use technology for filing – it is my sincere hope we can do this in time to allow those caught in this situation to have their names on the June 12th ballot.
Eliminating the Budget & Control Board: SC is the only state with a Budget & Control Board; a five member panel that oversees about 1300 employees and many functions of state government. In recent years, the House has passed three bills creating a Department of Administration. At a State House news conference this week, the House GOP Caucus announced plans for a new version of the proposed state Department of Administration. It fully eliminates the Budget & Control Board and gives the Governor's office control of 90% of the old B&C Board. The House Amendment also shrinks the current the number of employee allocations by 10%. The goal is a more streamlined and efficient state government with accountability and checks and balances. Here's how it's organized.
The newest House plan differs from the Senate version which called for splitting the B&C Board in 10 different government agencies, including 8 new ones. After much debate, the House voted 71-33 to approve the amended plan. The bill heads back to the Senate. The goal is to get this major reorganization accomplished before session ends next month.
As always, it is an honor to represent you at the statehouse. Please do not hesitate to contact me if I may ever be of service. I may be reached at (803) 530-2550 (mobile) or ToddAtwater@schouse.gov.
“I believe we need to get back to the basics. Our founding fathers had a vision of freedom from big government for our country and sadly, we have drifted away from that path. I’m running to help get our state back on the right track so small businesses and entrepreneurship can flourish. Tax burdens on our families will be lessened and our state will become a better place to live, to work, and to raise a family.”
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Site updated May 8, 2012.
