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PASCHAL v. STATE ELECTION COM'N

No. 24197.

454 S.E.2d 890 (1995)

H.W. Pat PASCHAL, Jr. as Chairman of the Greenville County Democratic Party and the Greenville County Democratic Party, Respondents, v. The STATE of South Carolina ELECTION COMMISSION, Appellant.

Supreme Court of South Carolina.

Decided February 13, 1995.

Rehearing Denied March 27, 1995.

Attorney(s) appearing for the Case

N. Heyward Clarkson, III and E. Scott Sanders, Gibbes & Clarkson, P.A., Greenville, for appellant.

Michael Parham, Parham and Smith, Greenville, for respondents.

WALLER, Justice:

The State Election Commission (SEC) appeals an order granting Respondent, H.W. Pat Paschal, Chairman of the Greenville County Democratic Party (Paschal), summary judgment. At issue is whether filing fees paid by unopposed political candidates, whose names were not listed on the ballot for the November, 1992 election, are to be retained by the SEC or the Greenville Democratic Party.

FACTS

Paschal collected fees from fifteen...

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