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South Carolina Secretary of State Office

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SC Dems canceled their primary, but you may be able to contest the general election ballot.

South Carolina is a candidate for a ballot/election challenge via “False Swearing” as it appears that Obama and other Presidential candidates must swear in writing that they are eligible under the Constitution.

NOTE in Election Law 7=11=20, about 2/3 way into paragraph on Presidential Candidates:
Political parties must verify the qualifications of candidates prior to certifying to the State Election Commission the names of candidates to be placed on primary ballots. The written certification required by this section must contain a statement that each certified candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications in the United States Constitution, statutory law, and party rules to participate in the presidential preference primary for which he has filed. Political parties must not certify any candidate who does not or will not by the time of the general election meet the qualifications in the United States Constitution, statutory law, and party rules for the presidential preference primary for which the candidate desires to file, and such candidate’s name must not be placed on a primary ballot.

2012 General Election Candidate Filing
Partisan Candidate Filing Period
Noon, March 16, 2012 -
Noon, March 30, 2012
Petition Candidate Filing Deadline
Noon, July 16, 2012

http://www.scdp.org/resources/dates-for-precinct-reorg-and-county-conventions/

Attorney General of South Carolina

“Inside the Office

The duties and responsibilities of the Attorney General are described by common law, the state Constitution, and state statutes.

The Office is an ancient one, dating back to 1698.

The Attorney General is South Carolina’s Chief Criminal Prosecutor, Chief Legal Officer and Securities Commissioner.

The South Carolina Constitution defines the Attorney General’s role as “chief prosecuting officer of the State with authority to supervise the prosecution of all criminal cases in courts of record.”

In 1929, a state court broadened that role: “As the chief law officer of the State [the Attorney General] may, in the absence of some express legislative restriction to the contrary, exercise all such power and authority as public interests may, from time to time, require, and may institute, conduct and maintain all such suits and proceedings as he deems necessary for the enforcement of the laws of the State, the preservation of order, and the protection of public rights.”

As Chief Criminal Prosecutor, the Attorney General:

(1) Represents the State of South Carolina in prosecuting criminal cases and holds supervisory authority over the prosecution of any and all criminal cases in the State of South Carolina;

(2) Oversees the activities of the State Grand Jury including the prosecution of multi-jurisdictional drug offenders, obscenity, public corruption, election fraud, computer crime violations, terrorism, and securities fraud;…”

Read more…

http://www.scattorneygeneral.org/inside/index.html

SECTION 7-13-40. Time of party primary; certification of names; verification of candidates’ qualifications; filing fee.

In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year, and a second and third primary each two weeks successively thereafter, if necessary. Written certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o’clock noon on April ninth, or if April ninth falls on a Saturday or Sunday, not later than twelve o’clock noon on the following Monday. 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. The written verification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for office for which he has filed. Political parties must not accept the filing of any candidate who does not or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office for which the candidate desires to file, and such candidate’s name shall not be placed on a primary ballot. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting primary elections and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater.

http://www.scstatehouse.gov/code/t07c011.php

Section 7=11=20

(2) For the 2008 election cycle, if the state committee of a certified political party which received at least five percent of the popular vote in South Carolina for the party’s candidate for President of the United States decides to hold a presidential preference primary election, the State Election Commission must conduct the presidential preference primary in accordance with the provisions of this title and party rules provided that a registered elector may cast a ballot in only one presidential preference primary. However, notwithstanding any other provision of this title, (a) the State Election Commission and the authorities responsible for conducting the elections in each county shall provide for cost-effective measures in conducting the presidential preference primaries including, but not limited to, combining polling places, while ensuring that voters have adequate notice and access to the polling places; and (b) the state committee of the party shall set the date and the filing requirements, including a certification fee. Political parties must verify the qualifications of candidates prior to certifying to the State Election Commission the names of candidates to be placed on primary ballots. The written certification required by this section must contain a statement that each certified candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications in the United States Constitution, statutory law, and party rules to participate in the presidential preference primary for which he has filed. Political parties must not certify any candidate who does not or will not by the time of the general election meet the qualifications in the United States Constitution, statutory law, and party rules for the presidential preference primary for which the candidate desires to file, and such candidate’s name must not be placed on a primary ballot. Political parties may charge a certification fee to persons seeking to be candidates in the presidential preference primary for the political party. A filing fee not to exceed twenty thousand dollars, as determined by the State Election Commission, for each candidate certified by a political party must be transmitted by the respective political party to the State Election Commission and must be used for conducting the presidential preference primaries.

(3) The political party shall give written notice to the State Election Commission of the date set for the party’s presidential preference primary no later than ninety days before the date of the primary.