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6:09-cv-01022-HFF Date Filed 04/16/2009 Entry Number 1 Page 17 of 19
Asheton Lakes Club of the Greenville County Republican Party to vote in
the primary election.
78. The Defendant, when he conducts the Republican primary elections in the
Greenville 16 precinct, allows people who are not members of the
Greenville 16 Club of the Greenville County Republican Party to vote in
the primary election.
79. The failure of the Defendant to comply with S.C. Code Section 7-9-40, and
permitting non-Club members to vote in a primary, infringes on the
Plaintiffs’ rights of free association and the equal protection of the law.
80. The Defendant has no compelling state interest in failing to comply with
S.C. Code Section 7-9-40 and permitting non-Club members to vote in a
primary.
81. The Defendant’s conduct is not narrowly tailored to serve any compelling
government interest.
WHEREFORE, Plaintiffs respectfully pray that the Court grant the
declaratory and injunctive relief set forth herein and issue an Order requiring the
Defendant to comply with the provisions of S.C. Code Section 7-9-40..
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for judgment as follows:
A. That this Court issue Preliminary and Permanent Injunctions,
enjoining the Defendant, Defendant’s officers, agents, employees and all other
persons acting in active concert with him, from enforcing S.C. Code Sections 7-5-
420, 7-5-610, 7-11-30, 7-13-15, 7-15-320, and 7-15-395 against the Plaintiffs;
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