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TEMPEL v. SOUTH CAROLINA STATE ELECTION

No. 27172.

400 S.C. 374 (2012)

735 S.E.2d 453

George TEMPEL, Appellant/Respondent, v. SOUTH CAROLINA STATE ELECTION COMMISSION (Marci Andino, as Executive Director, and Chris Whitmire, as Director of Public Information and Training); South Carolina Republican Party (Matt Moore, as Executive Director, and Chad Connolly, as Chairman); Charleston County Republican Party (Lin Bennett, as Chairman); Charleston County Board of Elections and Voter Registration (Joseph L. Debney, as Director, and Dan Martin, as Chairman); Dorchester County Republican Party (Carroll S. Duncan, Chairman); Dorchester County Board of Elections (Joshua Dickard, as Executive Director); and Paul Thurmond, Defendants, of whom South Carolina Republican Party (Matt Moore, as Executive Director, and Chad Connolly, as Chairman); Charleston County Republican Party (Lin Bennett, as Chairman); Charleston County Board of Elections and Voter Registration (Joseph L. Debney, as Director, and Dan Martin, as Chairman); Dorchester County Republican Party (Carroll S. Duncan, Chairman) are Respondents, and South Carolina State Election Commission (Marci Andino, as Executive Director, and Chris Whitmire, as Director of Public Information and Training), and Paul Thurmond, are Respondents/Appellants.

Supreme Court of South Carolina.

Decided September 20, 2012.

Attorney(s) appearing for the Case

James Emerson Smith, Jr. , of Columbia, for Appellant/Respondent.

Mary Elizabeth Crum , Ariail Burnside Kirk , and Amber B. Martella , all of McNair Law Firm, of Columbia, for Respondent/Appellant South Carolina State Election Commission; Michael A. Timbes and Matthew Evert Yelverton , both of Thurmond Kirchner Timbes & Yelverton, of Charleston, and Tanya Amber Gee , of Nexsen Pruet, of Columbia, for Respondent/Appellant Paul Thurmond; Samuel W. Howell, IV , of Howell Linkous & Nettles, of Charleston, for Respondent Charleston County Board of Elections and Voter Registration; and J. Robert Bolchoz , of Columbia and Karl Smith Bowers, Jr. , and Matthew Todd Carroll , both of Womble Carlyle Sandridge & Rice, of Columbia, for Respondent South Carolina Republican Party.

Chief Justice TOAL.

Appellant/Respondent and Respondents/Appellants appeal an order of the circuit court concerning the candidacy of Respondent/Appellant Paul Thurmond for Senate District 41. The circuit court found Thurmond was not exempt from the filing requirement of section 8-13-1356(B) of the South Carolina Code. S.C.Code Ann. § 8-13-1356(B) (Supp.2011). Thus, Thurmond was disqualified as the Republican nominee for the District 41 seat. The judge, therefore...

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