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6:09-cv-01022-HFF Date Filed 04/16/2009 Entry Number 1 Page 10 of 19
36. As to party primary elections, S.C. Code Section 7-13-15(B)(2)(c) prohibits
the Greenville County Republican Party from conducting and paying for
the partisan primaries for countywide and less than countywide offices,
because the primary elections “must by conducted by the State Election
Commission and the county election commissions.”
37. The Greenville County Republican party is able and willing to conduct and
pay for primaries for countywide and less than countywide offices (on
terms established by the Party).
38. There is no provision in the S.C. Code which allows for a “firehouse
primary” or a primary conducted by the Party for countywide and less than
countywide offices.
39. Pursuant to the decision in Miller vs. Brown, 503 F.3d 360, 362 (4 th Cir.
2007), States that have government run open primaries must also allow
for the alternatives of a “firehouse primary” or primaries conducted by the
Party.
40. The Defendant prohibits Plaintiffs Harms and Mitchell from voting in a
“firehouse primary” or a primary conducted by the Party, for statewide
office, federal office, the state Senate and the state House of
Representatives.
41. The Defendant discriminates between Greenville County registered
electors (Samuel Harms) who can only vote in an open primary conducted
by the government, versus Greenville County registered electors (Billy
Mitchell) who live in the City of Greenville, who can vote in a municipal
primary conducted by the Party.
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