Challenging Election Laws that Permit Open Primaries, Require 75 Percent Super Majority to Select Candidate in Convention

The South Carolina Legislature, while claiming to be dominated by Republicans has failed to take action to solve the problem of open primaries that has proven detrimental to Republicans in many instances. Some candidates who seek office as Republicans are simply taking advantage of flawed election laws to deceive voters and are Republicans in name only, hence the term RINO to describe those candidates and elected officials.

The RINO lawmakers continue to appoint Democrat judges to the bench and block conservative backed legislation desired by citizens. Many Republicans are concerned that without registration by party, Democrats will continue to influence the election of liberals over conservatives in party primaries due to crossover voting.

The most dramatic example of crossover voting in Greenville County was the victory of Tony Trout over an incumbent conservative Republican in a primary election with open heavily Democrat crossover voting. Trout had no Republican credentials and was opposed by most traditional Republican voters. Representing the Republican Party, Trout defeated the legitimate Democrat in the General Election and became the District 18 member of Greenville County Council.  He was unable to complete his term, however   due to federal felony charges and is currently serving time in a federal prison.

The Greenville County Republican Party Executive Committee voted unanimously Monday night to retain the legal services of Stephen H. Brown of the law firm of Stephen H. Brown, LLC, and of J. Todd Kincannon of the law firm of Barnes, Alford, Stork & Johnson, LLP, to act as its attorneys to pursue litigation against the State of South Carolina, including but not limited to the South Carolina State Election Commission, and such other agencies or individuals as legal counsel deem necessary or appropriate to challenge the constitutionality of the various state election laws that allow open primaries, without regard to political affiliation, and which bar the nomination of political party candidates in convention absent  a seventy-five (75%) percent supermajority, in addition to all such other state statutes that legal counsel deem necessary to effectively further  the interests of the Greenville County Republican Party in taking control of its candidate nominating process.

By their unanimous vote, the Greenville County Republican Party authorized such litigation and desires to be included as a named Plaintiff in such litigation, along with the Republican Party of South Carolina, or any other entities or individuals as legal counsel deem necessary or appropriate to successfully pursue the litigation.

Instruction to the attorneys specifically directs that such litigation be instituted, or continued once instituted, regardless of the decision of any other entity or individual, including the South Carolina Republican Party, not to pursue such litigation or to discontinue the prosecution of the action once instituted.

Patrick B. Haddon, Chairman of the Greenville County Republican Party, is authorized and specifically directed to take appropriate action to institute and vigorously prosecute the legal action on behalf of the County Party and take any and all steps necessary for the vigorous and successful pursuit of a way to registration by political party in South Carolina.


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