April 24, 2014 South CArolina Supreme Court published opinion

South Carolina Libertarian Party v South Carolina State Elections Commission http://www.sccourts.org/opinions/HTMLFiles/SC/27384.pdf

Party sued in the Court’s original jurisdiction for a declaratory judgment that the Equal Access to the Ballot Act was in effect and ordering Commission to put a use of convention question on the ballot. The Court held that the Act went into effect, notwithstanding the effective date in the Act which required preclearance under the Voting Rights Act, on the date that the United States Supreme Court struck down the formula for determining which jurisdictions must preclear its election laws and thus the Act was in effect. The Court also held that because Party has always used conventions, it was not required to have the use of conventions approved through referendum and Commission’s refusal to place the issue on the ballot was correct.

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