The State Election Commission filed an emergency petition with the S.C. Supreme Court Monday asking for relief from a lawsuit over the 7th District Democratic primary and a restraining order that prohibits the Commission from preparing or distributing election materials for the Republican runoff as well. “The real concern is that voters are going in to participate in the Republican (runoff) and they can’t give them absentee ballots,” Marci Andino, executive director of the Election Commission said late Monday afternoon. She said the Commission’s filing was seeking a ruling without a hearing, but that she had received no word that one had been issued by 5 p.m.
Debbie Hopkins of the Supreme Court clerk’s office said earlier Monday that the Commission’s filing was “under consideration by the Court but nothing has been decided yet.” Campaign managers for the two Democratic candidates in a potential Democratic runoff said they had heard of the Election Commission filing, but had no immediate comment.
The lawsuit, filed last week by Conway attorney Morgan Martin, maintains that the Election Commission miscounted votes from the June 12 primary. The Commission did not include approximately 2,300 votes cast for withdrawn candidate Ted Vick in determining that Gloria Tinubu had received 52 percent of the votes and therefore was the winner of the contest, the lawsuit says.