Drawdy v. South Carolina Democratic Executive Committee, 20762

• Decision Date: 11 September 1978
• Docket Number: No. 20762,20762
• Court: South Carolina Supreme Court
• Parties: Bruce A. DRAWDY, Petitioner, v. The SOUTH CAROLINA DEMOCRATIC EXECUTIVE COMMITTEE, Donald L. Fowler as Chairman of the South Carolina Democratic Party, and Bobby Jenkins, Respondents.

Page 806

247 S.E.2d 806

271 S.C. 415

Bruce A. DRAWDY, Petitioner, v. The SOUTH CAROLINA DEMOCRATIC EXECUTIVE COMMITTEE, Donald L.

Fowler as Chairman of the South Carolina

Democratic Party, and Bobby Jenkins, Respondents.

No. 20762.

Supreme Court of South Carolina.

Sept. 11, 1978.

A. Camden Lewis of Barnes, Austin & Lightsey, Columbia, and A. Parker Barnes, Jr. of Howell & Barnes, Beaufort, for petitioner.

James H. Moss of Moss, Carter, Branton & Bailey, Beaufort, for respondent Jenkins, and Elliott D. Thompson, Columbia, and Theo W. Mitchell of Mitchell & Joe, Greenville, for respondents The South Carolina Democratic Executive Committee and Donald L. Fowler as Chairman of The South Carolina Democratic Party.

PER CURIAM:

This is a proceeding, under a writ of certiorari, to review the decision of the Executive Committee of the Democratic Party of South Carolina (State Committee) affirming the actions of the Executive Committee of the Democratic Party of Beaufort County (County Committee) in refusing to declare petitioner Bruce A. Drawdy the party nominee for sheriff of Beaufort County and in ordering a new run-off primary election.

The issue is whether enough improper votes were cast to affect the outcome of the election. We hold that the decision to conduct a new election is not supported by the evidence and reverse.

The purpose of our review of the actions of the State Committee is to determine whether any errors of law were committed by the State Committee, and if so, to correct them. We may not review the facts except to determine whether the actions of the State Committee are wholly unsupported by the evidence. Laney v. Baskin, 201 S.C. 246, 22 S.E.2d 722 (1942).

Since the State Committee did no more than simply affirm the actions of the County Committee, our review will focus on the findings and order of the County Committee.

We will employ every reasonable presumption to sustain the contested election. Berry v. Spigner, 226 S.C. 183, 84 S.E.2d 381 (1954).

On June 13, 1978 a Democratic Party primary election was held in Beaufort County. No candidate for sheriff of Beaufort County received a majority of the votes cast in the primary election and a run-off election for sheriff was held on June 27, 1978. Bruce A. Drawdy won the run-off election and defeated his opponent Robert "Bobby" Jenkins by a margin of 101 votes.

A protest to the run-off election was timely filed by Jenkins and a hearing on the protest was conducted by the County Committee on July 6, 1978. The County Committee determined that 137 illegal votes were cast in the run-off election; rescinded their certification of Drawdy as the party nominee for Beaufort County sheriff; and ordered a new election.

Drawdy appealed to the State Committee and after a hearing on July 13, 1978 the State Committee voted to affirm the actions of the County Committee.

On July 20, 1978 this Court granted a writ of certiorari to review the actions of the State Committee and issued a temporary restraining order enjoining the holding of any further primary election for the office of sheriff of Beaufort County.

The County Committee's decision to conduct a new election was based on its finding that 137 electors improperly voted in the run-off election. The County Committee found that 78 electors who voted in the run-off election on June 27, 1978 also voted in the Republican primary election on June 13, 1978; and that 59 electors who voted in the run-off election participated in the organization of the Beaufort County Republican Precinct Clubs. Each of these 137 electors was determined by the County Committee to have violated the electors' oath that each voter takes when he signs the poll list. That oath, which is prescribed by Section 7-13-1010, 1976 Code of Laws of South Carolina, reads as follows:

The managers at each box shall require every voter to take the following additional oath and pledge: "I do solemnly swear or affirm that I am duly qualified to vote at this primary election and that I have not voted before at this primary election or in any other party's primary election or officially participated in the nominating conviction for any vacancy for which this primary is being held."

The list of 78 electors who allegedly voted in both the Republican primary and the Democratic run-off appears at Appendix A to this opinion. We have compared the Republican primary voter registration computer print-out sheets and signed poll lists with the Democratic run-off voter registration computer print-out sheets and signed poll lists and have determined that the County Committee's finding that 78 electors voted in both the Republican primary and the Democratic run-off is wholly unsupported by the evidence. The record will only support the finding that 65 of the list of 78 voted in both elections. The record will not support the finding that 13 of the list of 78 voted in both elections. The names of these 13 electors appear at Appendix B to this opinion.

The list of 59 electors who allegedly voted in the Democratic run-off and participated in the organization of the Beaufort County Republican Precinct Clubs appears at Appendix C to...