Drawdy v. South Carolina Democratic Executive Committee , 271 S.C. 415 ( 1978 )

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 eletcion 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 The County Committee determined that 137 illegal votes were cast in the run-off election; rescinded their certification of Drawdy as the party nominee for Beaufort County sheriff; and ordered a new election.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 runoff 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 this opinion. This list of electors could be held ineligible to vote in the Democratic run-off only if each elector violated Section 7-13-1010 by officially participating in the Republican Party’s nominating convention.

The name of each of these 59 electors appears on a Republican Precinct Certification Form, commonly referred to as a P-1 list. Each of the 59 is designated as a member of a particular Republican Precinct Club. The membership list, or P-1 list, for each Republican Precinct Club was filed with the Beaufort County Clerk of Court as required by Section 7-9-30, 1976 Code.

The Chairman of the Beaufort County Republican Party, John M. Finn, testified that the P-1 lists contain the names of individuals who participated in the precinct club organizational meetings. He further testified that an “X” beside an individual’s name on a P-1 list indicated an elected delegate to the county Republican convention; and that a check-mark by an individual’s name indicated an elected alternate to the county Republican convention. Mr. Finn stated the Republican Party did not have a list of those individuals who participated in the county Republican convention.

Fifteen names on the list of 59 appear with an “X” indicating their election as a delegate to the county convention. Six names on -the list of 59 appear with a checkmark indicating their election as an alternate to the county convention. The remaining 38 names on the list of 59 appear without either an “X” or a check-mark.

The County Committee invalidated the votes of each elector whose name appears on the list of 59:

The committee feels that these fifty-nine (59) persons could possibly have participated in the nominating convention either because participation at the precinct level is deemed to be participation in the nominating convention or because all of these persons did in fact participate in the nominating convention itself.

In addition, however, it was established that of these fifty-nine (59) names fifteen (15) were delegates and six (6) were alternates .... While it was not possible to determine if these persons actually attended the nominating convention, it is reasonably probable that a significant number of persons did attend and participated in the Republic Nominating Convention to affect the outcome of this election.

The question presented by this proceeding is whether participation by an elector in the precinct club organizational meeting of one political party, without more, gives rise to the reasonable inference that the elector has “officially participated” in that party’s nominating convention within the meaning of Section 7-13-1010.

We are of the view that the only reasonable inference that can be drawn from participation in a political party’s precinct club organizational meeting is membership in that political party.

Our election laws do not preclude a member of one political party from voting in either the primary or run-off election conducted by a different political party. This privilege is restricted, however, by Section 7-13-1010 which prevents an elector who has voted in one political party’s primary or officially participated in that party’s nominating convention from crossing over and voting in the primary or run-off election conducted by a different political party.

Each elector whose name appears on the list of 59 swore an oath when he voted in the Democratic run-off that he had not “officially participated” in the Republican Party’s nominating convention. Membership in the Republican Party does not constitute a violation of this oath and would not bar these 59 electors from voting in the Democratic runoff election.

Twenty-one electors on the list of 59 were elected at the precinct organizational meetings as either delegates or alternates to the county Republican nominating convention. Nothing in the record indicates that any of these electors actually participated in or even attended the county Republican nominating convention. Since we are required to indulge all reasonable presumptions in favor of the validity of the contested election, in the absence of evidence to the contrary we will presume that none of the 21 delegates and alternates officially participated in the Republican nominating convention.

The successful candidate for the Democratic nominee for sheriff of Beaufort County won the Democratic run-off election by a majority of 101 votes. The unsuccessful candidate contested 137 votes, but the record before us will only support the invalidity of 65 of the 137 contested votes. If all of these 65 votes were given to the unsuccessful candidate, the result of the election would remain unaffected.

5 It is settled that an election will not be overturned by errors that do not appear to have affected the result of the election. Jenkins v. McCarey, 222 S. C. 426, 73 S. E. (2d) 446 (1952).

Accordingly, the order of the State Committee affirming the County Committee’s actions in refusing to declare petitioner Bruce P. Drawdy the Democratic nominee for sheriff of Beaufort County and in ordering a new run-off primary election is reversed.

Reversed.

Appendices to follow.

APPENDIX A

The County Committee found that the following 78 electors voted in both the Republican primary and the Democratic run-off:

Beaufort No. IB

1. Virginia Lentz Hucks Beaufort No. S

2. Katie Mae Jones

3. Marion D. Jones

Burton No. 2

4. Angus F. Trask

Chechessee

5. Helen B. White

Hilton Head No. 1

6. Jacqueline S. Ballantyne

7. James W. Ballantyne, Jr.

8. James E. Bryan

9. Miriam M. Bryan

10. Anita M. Carroll

11. Clifford R. Chapman

12. Helen E. H. Chapman

13. Joan F. Chesnut

14. John F. Farnsworth

15. James F. Graves

16. Mary M. Graves

17. Dorothy S. Haggerty

18. Charlton M. Happ

19. Sara L. Happ

20. Elizabeth B. Haring

21. Charles C. Hewitt

22. Nancy C. Hewitt

23. Jeanne A. Hiles

24. Nancy B. Kerr

25. Helen Lambright

26. Nancy F. Paddock

27. Ellin L. Quinn

28. Catherine B. Scott

29. Nancy C. Somers

30. E. Romney Wheeler

31. Wayne L. Whiteman

32. Edward P. Woodward

Hilton Head No. 2

33. Gordon J. Berry, Sr.

34. Vivian F. Brush

35. Christine T. Carroll

36. David E. Carroll

37. Jack W. Davis

38. Virginia M. Davis

39. Betsy E. Doughtie

Hilton Head No. 2 — Continued

40. Maud W. Gaines

41. Arthur H. Gerhard

42. Eugenia C. Graff

43. Margie W. Guss

44. William F. Guss

45. Ada F. Keep

46. Lyndall E. Littell

47. Mildred B. McDowell

48. Theodore N. McDowell

49. Isabelle C. Miles

50. William H. Mulledy

51. Harry J. W. Nethery

52. Williamina F. Nethery

53. George G. L. Palmer

54. Daniel Winant, Jr.

55. Jayne M. Winant

56. Andrew F. Wray

Hilton Head No. S

57. Robert B. Arthur

58. Lyda Johston Blair

59. Deborah E. Herz

60. Ethel M. McClure

61. Ralph C. McClure

62. Helen C. Palmer

63. Ennis T. Phillips, Jr.

Hilton Head No.

64. John W. Dobson

65. John W. Gorn

66. Martha J. Gorn

67. Josephine Hillegas

68. R. Wayne Hillegas, Jr.

69. Donald W. Leeper

70. Dorothy B. List

71. Ethel M. North

72. Elinore P. Simpson

73. Wanda M. Taylor

Hilton Head No. 5

74. Dorothy R. Geib

75. Wayne A. Geib

Ladys Island No. 1A

76. Paul R. Jernigan

77. Mildred D. Rich

St. Helena No. 2

78. Shirley P. Sutton

APPENDIX B

The record does not support the County Committee’s finding that the following 13 electors voted in both the Republican primary and the Democratic run-off:

.Beaufort No. S

1. Marion D. Jones: The record indicates that Marion D. Jones voted in the Democratic run-off and that Marion D. Jones, Jr., voted in the Republican primary.

Burton No. 2

2. Angus F. Trask: The record does not support the finding that Angus F. Trask voted in the Republican primary.

Hilton Head No. 1

3. Anita Carroll: The record does not support the finding that Anita Carroll voted in the Republican primary.

4. Joan F. Chesnut: The record does not support the finding that Joan F. Chesnut voted in the Republican primary.

5. Dorothy S. Haggerty: The record does not support the finding that Dorothy S. Haggerty voted in the Republican primary.

Hilton Head No. 2

6. Gordon J. Berry, Sr.: The record does not support the finding that Gordon S. Berry, Sr. voted in either the Republican primary or the Democratic run-off.

7. Betsy E. Doughtie: The record does not support the finding that Betsy E. Doughtie voted in the Democratic run-off.

8. Arthur H. Gerhard: The record does not support the finding that Arthur H. Gerhard voted in the Republican primary.

9. Lyndall E. Littell: The record does not support the finding that Lyndall E. Littell voted in the Democratic run-off.

10. George G. L. Palmer: The record indicates that George G. L. Palmer voted in both the Republican primary and the Democratic run-off, but that his vote in the Republican primary was voided.

11. Andrew F. Wray: The record does not support the finding that Andrew F. Wray voted in the Democratic run-off.

Ladys Island 1A

12. Paul R. Jernigan: The record does not support the finding that Paul R. Jernigan voted in the Democratic run-off.

13. Mildred D. Rich: The record indicates that Mildred D. Rich voted in the Democratic run-off and that Ruth W. Rich voted in the Republican primary.

APPENDIX C

The County Committee found that the following 59 electors officially participated in the Beaufort County Republican nominating convention and voted in the Democratic run-off:

Beaufort No. 1A

1. Gene N. Grace

2. William Davis Trask

Beaufort No. 2

3. Elizabeth F. Bond

4. Robert H. Folk

5. Katrena M. Kinsey

6. Mary J. Matthews

Beaufort No. S

7. Mary P. Easterling

8. Wayne B. Flietner

9. Artie M. Heape

10. Merle W. Jeter

11. Frederic F. Moore

12. Juanita L. Moore

13. Maryjo Price

Bluff ton

14. Nancy H. Roe

Burton No. 2

15. Floyd K. Hill

16. Benjamin E. Pinckeny

17. Anne H. Pinckeny

18. Margaret P. Savage

Hilton Head No. 1

19. Mary V. Jordan

20. Michael L. M. Jordan

Hilton Head No. 2

21. Esther B. Dickey

22. John T. Logan

Hilton Head No. S

23. Richard C. Chase

Hilton Head No. if •

24. Edward J. Doyle

26.Mary W. Grimwade

26. Donald A. Lacoss

27. Louise Emlaw Lacoss

28. Elizabeth K. Olson

29. Elmer W. Olson

30. Charles Rousek

31. Henrietta A. Sebring

Ladys Island No. 1A

32. Cud T. Baird, III

33. Ruth B. Baird

34. Lee M. Stockell

Ladys Island No. IB

35. Edgar C. Glenn, Jr.

36. Catherine C. Harley

37. Russell A. Harley

38. Jane S. Pratt

Mossy Oaks No. 2

39. John Henry Edwards

40. William F. Huff

Port Boyal

41. Joy G. Boston

42. Leona J. Hector

43. Melvin G. Hector

44. Denise M. Kent

45. Marvin H. Olinghouse

46. Catherine A. Phinney

47. Waldo A. Phinney

48. William J. Shelzer

Sheldon

49. William A. Campbell, Jr.

50. Sumner Pingree

51. Emmett L. Priester

St. Helena No. IB

52. Owen K. Hand

53. Francis H. Rutherford

54. Edward R. Sanders

55. Gail K. Sanders

56. Kenneth M. Sifritt

57. Virginia Sifritt

St. Helena No. 2

58. Annie M. Smith

59. Roy Grant Smith.