Extraordinary Writs Sought in Richland County Election Case
A petition has been filed seeking a Writ of Prohibition and Injunction with regard to South Carolina Democratic Party v. Richland County Election Commission, Civil Action 2012-CP-40-07551. A copy of the petition (minus the attachments), returns, motion to dismiss and return to the motion to dismiss are available.
The Supreme Court of South Carolina
South Carolina Republican Party, Petitioner,
South Carolina Election Commission, The Honorable Jeanette W. McBride, in her official capacity as Richland County Clerk of Court; South Carolina Democratic Party; Richland County Election Commission, Respondents.
Appellate Case No. 2012-213345
This matter is before the Court on a petition for writs of prohibition and injunction to direct the circuit court to cease its improper exercise of jurisdiction in South Carolina Democratic Party v. Richland County Election Commission, Civil Action 2012-CP-40-07551, over the issues involving elections for legislative seats and to prohibit the South Carolina Election Commission from conducting a recount for the House District 75 seat as ordered by the circuit court. The order of the circuit court requiring a recount of the ballots in South Carolina Democratic Party v. Richland County Election Commission is stayed pending a decision on the petition by this Court. The electronic disks from the voting machines and the paper ballots shall be retained by SLED during the pendency of this matter. Respondents shall serve and file returns to the petition by noon on Tuesday, November 13, 2012.
s/ Jean H. Toal C. J.
FOR THE COURT
Columbia, South Carolina
November 9, 2012
J. Robert Bolchoz
Richard A. Harpootlian
Jeanette W. McBride
Julius Carnes Nicholson, III
Steven W. Hamm