District 18 primary race could be months from decision

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It could still be several more weeks, even a month or more, before the court decides whether Trout will square off against Democrat Jeff White in November or face another contest with GOP incumbent Steve Selby.

Chief Justice Jean Toal said Monday she knows time is of the essence and the court will expedite the proceedings once the writ is filed. She wouldn't speculate on when a decision might come down since no schedule has been determined.

"We've never let them linger too long," she said.

After a recount of the June 22 GOP primary runoff, Trout held an 18-vote lead over Selby. Selby protested the election to the Greenville County Republican Party, which overturned the election July 2.

Trout appealed to the state Republican Party Executive Committee, which upheld Greenville's decision Saturday.

Trout's attorneys are confident they can win at the Supreme Court, despite losing in front of the local and state Republican executive committees.

"We've been swimming upstream in these political hearings," said Trout attorney William Herlong. "At the Supreme Court level, they will focus on the law."

Selby and his attorney, Samuel Harms, said they also believe they have a good chance in front of the court, since two groups now have sided with them.

"Tony Trout continues to argue that the felons and Democrats should pick the Republican candidate, and we strongly disagree with that," Harms said.

Once the appeal is filed, Selby's attorneys have 30 days to respond, Toal said. That would put the proceedings into August. Election director Conway Belangia has said it could take 60-90 days to hold the new election once ordered.

There are 113 days until the November general election.

If the appeal isn't filed, a new election will be ordered by Gov. Mark Sanford, who also will decide who is eligible to vote, according to a state election spokeswoman. Sanford spokesman Will Folks said the governor will wait to see the results of the appeal before making a decision.

There are three other election protests in front of the court, Toal said, but there are no schedules set to hear them.

Two of the three involve the Senate District 30 Democratic primary. In that race, incumbent Sen. Maggie Glover, D-Florence, led the three-person primary, but didn't receive a majority of the votes.

The second- and third-place candidates were separated by seven votes. The third-place candidate protested and the primary was overturned by the state Democratic Party. Glover and the second-place candidate have filed suit.

A local election in Charleston has also been appealed to the court, Toal said.

Jason Zacher can be reached at 298-4272.