SC Supreme Court To Decide Who Will Pick Up GOP Presidential Primary Tab

South Carolina’s Supreme Court justices heard arguments Monday about whether the state’s counties should are required to put on the Republican presidential primary and pay the costs.

Four counties — Greenville, Spartanburg, Beaufort and Chester — allege that a party’s primary is a private event and that it would take $2.4 million to open the polls for the “First In The South” primary, set for Jan. 21, according to a survey of the county election commissions. They worry that county tax payers could be left holding the bag for $1 million of that, as they did in the 2008 primaries.

But the state Election Commission, backed by Attorney General Alan Wilson, argued that provisos in this year’s budget that let the commission spend money left over from past primaries also authorizes it to hold one and contract with the Republican party to pay the difference.

At the heart of the disagreement is a 2007 law that let the Election Commission hold the two 2008 presidential primaries. The counties say the phrase “For the 2008 election cycle” means counties don’t have to hold the primary without new orders from the General Assembly. The commission said the same rules apply when the law is read with this year’s budget. In what Chief Justice Jean Toal called an “unholy alliance” both the Democratic and Republican parties backed the commission.

The legislature considered a bill that would expressly give the commission the right to hold a presidential primary, but it never made it out of committee.

Joel Collins, who represented the counties, argued that since the upcoming vote is a “preferential primary” and will not directly result in a candidate being put on the ballot, it is a private election and shouldn’t fall on counties to pay for. In addition to the four counties who filed suit, he said another 15 agreed that without a direct mandate from the legislature they aren’t required to hold the primary.

However, Toal said the state has a vested interest in putting on the primary because the results will effect who the Republican party nominates for president, and that having counties cooperate with the state Election Commission is the only way to ensure a fair process. She said that given South Carolina’s past discriminatory voting practices and multiple federal court rulings, the state must be involved in the primary to give all voters a chance to weigh in.

“Though you may call it a private club in order to exclude black people from voting, and though you may call it a preference rather than something that really decides something, primaries, by whatever name called, are essential to the exercise of the right to vote by citizens,” Toal said.

She also questioned whether the counties’ cost estimates were accurate because some small counties had estimates similar to areas twice their size, and the last round of presidential primaries cost about $2.5 million for both parties.

There will be no Democratic presidential primary in 2012, because President Barack Obama will run for re-election.

Justices peppered both sides with questions throughout the proceedings, but Justice Donald Beatty made it clear he did not see how “cobbling together” this year’s budget provisos with the 2007 law actually granted authority and that “that bridge is a little bit to thin” for him to cross.

After the hearing Republican Party chairman Chad Connelly said that the party has already agreed to pay for the primary and has been fundraising for the contest, which he thinks needs to be run by the state.

“This aught to be run, regardless if it’s a Republican party or Democratic party election, it aught be run by the government so it ensures the integrity of the process,” Connelly said.

Like Toal, he questioned the accuracy of the counties’ estimate of the cost and said his party will only pay for “legitimate costs” of running the primary.

Collins the estimates are fair and that assertions to the contrary are unfounded.

“We’re not trying to make any money on this, we’re just trying to shift the burden from the tax paying citizens of the counties to where it aught to be, that is on the Republican party or the state,” Collins said.

He said that given the breakneck speed both sides had to file their briefs, and that it takes time to plan a primary, he expects the justices to reach a quick decision within a week or two.