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South Carolina
JUDICIAL DEPARTMENT
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2012-05-03-02

The Supreme Court of South Carolina

Michael Anderson and Robert Barger, Plaintiffs,

v.

South Carolina Election Commission; Marci Andino, as Executive Director and as a representative of the South Carolina State Election Commission; South Carolina Democratic Party; Richard A. Harpootlian, as Chair of the Executive Committee of and as a representative of the South Carolina Democratic Party; South Carolina Republican Party; Chad Connelly, as Chair of the Executive Committee of and as a representative of the South Carolina Republican Party; Lexington County Commission of Registration and Elections; Dean Crepes, as Director of and as a representative of the Lexington County Commission of Registration and Elections; Lexington County Democratic Party; Kathy Hensley, as Chair of and as a representative of the Lexington County Democratic Party; Lexington County Republican Party; Steven Isom, as Chair of and a representative of the Executive Committee of the Lexington County Republican Party, Defendants.


ORDER


This Court was asked to issue a declaratory judgment in its original jurisdiction to construe S.C. Code Ann. § 8-13-1356 (Supp. 2011).  We have issued our opinion, and the parties now ask the Court to reconsider this matter and clarify the opinion.  In addition, the Sumter County Democratic Party asks the Court for permission to file an amicus curiae brief.

The request by Sumter County Democratic Party for permission to file an amicus curiae brief is denied.

Our opinion in Anderson v. S.C. Election Comm'n, Op. No. 27120 (S.C. Sup. Ct. filed May 2, 2012), speaks for itself and stands as written.  Accordingly, we deny the request for rehearing.

As to the request for clarification, the parties' contention that our opinion holds § 8-13-1356 is satisfied if an individual, when filing a Statement of Intention of Candidacy (SIC), provides the political party with a paper copy of a Statement of Economic Interest (SEI), whether previously electronically filed or not, is correct.  However, we reject the parties' contention that our opinion allows compliance with the statute in any other fashion. 

We direct the parties to file with the State Election Commission or the appropriate county election commission, by noon on May 4, 2012, a list of candidates who complied with § 8-13-1356 as the statute is written and as has been interpreted by this Court.

s/    Costa M. Pleicones            A.C.J.
                   
FOR THE COURT

Columbia, South Carolina
May 3, 2012