Legal Opinion · Concurring in part, dissenting in part

Beaufort County v. South Carolina State Election Commission

Supreme Court of South Carolina

Decided November 22, 2011No. 27069Published

1Concurring in part, dissenting in partJustice Hearn

Respectfully, I concur in part and dissent in part. While I agree with the majority that the plain language of Section 7-11 — 20(B)(2) of the South Carolina Code (Supp.2010) is limited only to the 2008 election cycle, I believe the majority misapplies our precedents concerning appropriations provisos and erroneously concludes Provisos 79.6 and 79.12 suspend this temporal limitation. I would therefore find no requirement that either the State Election Commission or the county *379election commissions conduct the 2012 Presidential Preference Primary.

I note at the outset that this case involves a…

2Cases cited8 opinions

  1. CFRE, LLC v. Greenville County AssessorSupreme Court of South Carolina · 2011
  2. Berkebile v. OutenSupreme Court of South Carolina · 1993
  3. Joiner Ex Rel. Rivas v. RivasSupreme Court of South Carolina · 2000
  4. State Ex Rel. Buchanan v. State TreasurerSupreme Court of South Carolina · 1904
  5. Plowden v. Beattie, Comptroller GeneralSupreme Court of South Carolina · 1937

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