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Tuesday, March 19, 2024 - 04:30 AM

INDEPENDENT CONSERVATIVE VOICE OF UPSTATE SOUTH CAROLINA

First Published in 1994

INDEPENDENT CONSERVATIVE VOICE OF
UPSTATE SOUTH CAROLINA

Mitchell requests Court to Issue “Declaratory Judgment holding that Ordinance No. 2014-25 is null and void Because SC Code 5-15-60 does not Authorize the City to Adopt both the 'nonpartisan plurality / nonpartisan run-off ' methods of nomination”

William C. “Billy” Mitchell filed a  petition with the South Carolina Supreme Court Friday, February 13, 2015 asking the court to declare the city’s decision to change from partisan to non-partisan “elections null and void.”

Mitchell, a lifelong resident of Greenville asked the Supreme Court to “issue  a Declaratory Judgment holding that Ordinance No. 2014-25 is null and void because SC Code 5-15-60 does not authorize the city to adopt both the nonpartisan plurality  and nonpartisan run-off methods of nomination. The code states that a municipality shall adopt only one method of nomination, according to documents filed with the court.

 

The petition went directly to the Supreme Court because of the upcoming elections and the necessity to settle the matter prior to those elections.

The petition filed by Attorney Samuel Harms  on behalf of Mitchell requests the Court issue the appropriate injuctive relief to enforce the judgment of the Court. Attorney Harms said, “We think that it is important that the Supreme Court review the change to non-partisan elections.”

City offices were closed for the Presidents Day Holiday, however, Councilwoman Lilian Brock Flemming said Council members were notified of the lawsuit on Friday.

At least one citizens group has opposed the change, however there is no indication at this time that they will join the Mitchell lawsuit.

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