More Questions for South Carolina

After reviewing the document that was sent by Ms. Fowler, I felt like I had more questions for South Carolinian authorities. For now, I'm staying away from Ms. Fowler - I've already taken a lot of her time. This time I sent my message to Chris Whitmire, a member of the Secretary of State's staff. Here is what I wrote:

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Mr./Ms. Whitmire,

As soon as I sent my last message, I realized that "Chris" could be either a male or a female. I apologize for assuming one over the other. Here, again, is my question:

I have a few questions I'd like to ask somebody about SC Election Law. Some other states I've contacted have election lawyers that they've let me address my questions to. Does SC have a similar system in place?

I appreciate your attention to this matter...

Sincerely,

Justin W. Riggs
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To my great pleasure, Mr. Whitmire got back to me very soon thereafter. He wrote:

Mr. Riggs,

It is Mister, thanks for the consideration though.
The State Election Commission does not have an attorney on staff, but I can try to answer your questions.
You can also reach me by phone at the number below.
Thank you,

Chris WhitmirePublic Information Officer
South Carolina State Election Commission Post Office Box 5987Columbia, S.C. 29250Tel: 803.734.9070Fax: 803.734.9366

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I replied:

Mr. Whitmire,

Great! Thanks for your willingness to help. Here are my questions:

According to SECTION 7-13-40 of the South Carolina Election Code, "Political parties nominating candidates by party primary must verify the qualifications of those candidates prior to certification to the appropriate election commission of the names of candidates to be placed on primary ballots." (my emphasis) What exactly qualifies as "verifying the qualifications" of the candidate? For example, the Constitution states that an individual must a) be a natural-born citizen, b) be 35 years old, and c) be a resident of the United States for at least 14 years. What evidence would the state expect the political party to handle and observe before certifying the names of a Presidential candidate to the appropriate election commission?

The statute then goes on to say that the written verification provided to the state must contain a statement certifying that the candidate certified meets the qualifications for office which he/she has filed for. I read this as a separate requirement from the one quoted above - is that correct?

Finally, the Democrats 2008 Delegate Selection Plan states that: "No one may gain access to the South Carolina ballot unless he or she... is legally qualified to hold the office of President of the United States..." (my emphasis)

If no one can gain access to the ballot UNLESS he or she is qualified, doesn't that mean that SOMEBODY had to check the credentials of the candidates (and not just take their word for it) BEFORE placing them on the ballot?

Over the past two weeks or so, I have spoken with Carol Fowler (head of the SC Democratic Party) several times, and she is on the record as saying that the only thing they did was have Mr. Obama sign a piece of paper stating that he is qualified. This "take my word for it" approach is troubling to me, as state law and the Democrat's own Delegate Selection Plan seem to call for a more positive, diligent approach to ensuring our candidates meet the qualifications for office.

I hope you understand that I am not out to "get" any candidate. I have researched this issue in regards to John McCain, Roger Calero, and Barack Obama, each of whom have had their qualifications challenged at one point or another in this election cycle. I am not pro- or anti- any candidate; I am pro-Constitution. Indeed, as I told Ms. Fowler (when she expressed that nothing I did would disqualify Mr. Obama), my efforts could easily be seen as pro-Obama, because if SOMEBODY checked his credentials SOMEWHERE, then he has nothing to worry about. I would just like to know the WHO, the WHERE, and the WHAT EVIDENCE WAS REQUIRED so that I can know that my Constitution is being protected.

As you can see, these questions are somewhat legalistic in nature. If you don't feel comfortable answering them, I completely understand, but do request that you help me find the right person to talk to. I thank you for your time, as well as for your prompt response to my inquiry.

Sincerely Yours,
Your Fellow Citizen,
Justin W. Riggs

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When he replies, I'll update the post.