SUMTER, S.C. - The Sumter County Democratic Party is suing a former candidate for county auditor who was defeated in the primary but is planning to run as an independent.

Jomarie Crocker, who is the current county auditor, signed a pledge in March agreeing not to run for an office in the general election if she was defeated in the primary.

The pledge prevents a candidate from taking "two bites out of the apple," said party attorney Palmer Freeman Jr.

The party is seeking an injunction to stop Crocker from seeking office and is asking the Sumter County Election Commission to keep Crocker's name off the November ballot.

The lawsuit was filed Monday in the Court of Common Pleas in the Sumter County Courthouse.

Crocker started her petition drive after losing in the primary election to county employee Lauretha McCants.

McCants garnered 5,490 votes to Crocker's 1,543. The lawsuit notes that Crocker did not challenge the results of the primary.

The Democratic Party notified Crocker a month ago that it would sue if she didn't cease and desist her petition drive. She resigned from the party and declared she would seek the auditor's office as an independent candidate.

Crocker submitted her petition on July 15. The election commission office is in the process of verifying the 3,765 signatures on the petition. She needs 2,700 signatures to get on the ballot.

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Information from: The Item, http://www.theitem.com/