An attorney for Sen. Maggie Glover asked a federal
judge Monday to render the South Carolina Democratic Party Executive Committee’s
decision to order a new election null and void and either reinstate a runoff
between the incumbent senator and the second place winner in the primary or let
a three-judge panel decide the questions in the suit pertaining to the Voting
Rights Act.
The South Carolina Democratic Party, the
respondent in Glover’s lawsuit, in turn asked the judge to dismiss Glover’s
lawsuit altogether.
District Judge Terry Wooten
ruled on neither of the motions and instead ordered each side to file motions
and briefs citing case law to support their
opinions.
“I have an abundant understanding about
what actually happened here,” Wooten said shortly after testimony from both
sides concluded. “Now, it’s time to move on to the next phase - evaluating
federal law in light of the facts that have been presented over the two days of
testimony.”
Bill Nettles, the Democratic Party’s
attorney, agreed to have his motions and briefs filed by Thursday. By law,
Glover’s attorney, Brenda Reddix-Smalls, has five days to respond to Nettles’
motions.
However, Wooten said he would allow extra
time if needed to make sure this matter is not rushed.
With motions to be
filed and other matters on Wooten’s as well as both attorneys’ agendas, it most
likely will be at least two weeks before any decision is rendered in the
matter.
According to a letter sent to Wooten by the
S.C. Attorney General’s Office, a decision must be made by Sept. 10 for the
winning candidate’s name to appear on the general election ballot in
November.
“I certainly don’t want to rush the
attorneys on this, but I have tried to move this along for the benefit of the
(Democratic) party,” Wooten said. “I’ve put this at the top of my list because I
felt that was warranted under the circumstances. I certainly don’t want this
district court to stand in the way of residents of District 30 having
representation at the Statehouse.”
In the second day
of testimony, Glover’s attorney continued her argument that the Democratic Party
violated the Voting Rights Act by hearing opponent Tim Norwood’s protest of the
election.
Reddix-Smalls said Glover was not notified
that the committee was going to hear Norwood’s protest and therefore was not
adequately prepared to argue her side of the matter.
Nettles argued that
three days before the hearing, Glover was informed by the party that the
executive committee would hear Kent Williams’ protest June
17.
Williams eventually withdrew that protest, but
Democratic Party officials assert that Glover and her representatives were never
told that the hearing had been canceled. Although Glover was not in attendance,
she was represented at the hearing by attorney Glenn
Gray.
On Monday, Reddix-Smalls argued that the
party’s decision disenfranchised black voters and presented several witnesses to
testify about the impact the decision has had on
them.
“It causes lots of convenience. Some people
who voted before are now out of place,” Bishop R.F. Davis of Marion
testified.
“Black people have been disenfranchised
so long till people feel like it’s not necessary. You’re not going to win,
you’re not going to get nothing.”
Reddix-Smalls said
the party should have had the hearing June 24, giving all parties involved ample
opportunity to respond.
In his protest to the
executive committee, Norwood alleged more than 600 voter
irregularities.
Norwood and Williams were separated
by just six votes, which was enough to persuade the executive committee to throw
out the results and ask Gov. Mark Sanford to set a date for a special election.
Sanford has said he will not set a date until all court petitions are dealt
with.
In the meantime, Glover and Norwood said they
are optimistic about the outcome of the lawsuit.
“We’ve had two good days of testimony from everybody involved,” Norwood said.
“All I’ve ever wanted is a fair and accurate election to be held, and I think
we’re working toward that. We’re confident at the end of the day that we will
have a new election between Ms. Glover, Mr. Williams and myself sometime in the
near future.”
Despite Norwood’s efforts, Glover
said, she is confident that the facts of her argument speak for
themselves.
“I think if you heard the proceedings here today, you know that
I’ve been vindicated. Now, I’m simply waiting for the runoff,” Glover
said.
“Now, I just hope the judge will rescind the
Democratic Party’s decision to invalidate the election and move this forward to
a three judge panel to decide the questions we’ve posed concerning the Voting
Rights Act.”