Orangeburg County Democratic Party v. South Carolina State Election Commission

TOAL, Acting Chief Justice:

In this case, the circuit court ruled that a statute allowing the State Election Commission to collect from the Orangeburg County Democratic Party filing fees for unopposed primary *110candidates effected an unconstitutional taking of the property of the local Democratic party. Because we find the Orange-burg County Democratic Party lacks any property rights in the filing fees of the unopposed candidates, we reverse.

Factual/Procedural Background

The facts of this case are not in dispute. From June 1,1994 through June 15, 1994, the Orangeburg County Democratic Party…