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Mr. Riggs,
Please see my responses in blue below.
Thanks,
Chris Whitmire
Public Information Officer
South Carolina State Election Commission
Post Office Box 5987Columbia, S.C. 29250
Tel: 803.734.9070
Fax: 803.734.9366
This message originates from the South Carolina State Election Commission. If you have received this message in error, we would appreciate it if you would immediately notify the South Carolina State Election Commission by sending a reply e-mail to the sender of this message. Thank you.
From: Justin Riggs [mailto:juriggs@yahoo.com]
Sent: Tuesday, December 09, 2008 2:41 PM
To: Whitmire, Chris
Subject: RE: Apologies - Questions about SC Election Law...
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?
7-13-40 does not apply to President. It applies to offices on June State Primary ballots (U.S. Senate down).
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?
7-13-40 does not apply to President. It applies to offices on June State Primary ballots (U.S. Senate down).
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?
This is political party rules issue. Your answer will likely come from the political party.
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.
This is political party rules issue. Your answer will likely come from the political party.
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.
Sections 7-19-70 and 7-13-320 of the S.C. Code of Laws require the State Election Commission (SEC) to place the names of Presidential candidates on the ballot as they are certified to the SEC by their respective political parties. The SEC does not have the authority to examine or investigate the qualifications of Presidential candidates.
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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As you can see, Mr. Whitmore was very courteous, professional, and helpful. I'm grateful for his assistance. It seems that
