Danny Ford II sues SCGOP, Election Commission over removal from Senate ballot

(Courtesy: Danny Ford II/Facebook) Danny Ford II

RICHLAND CO., S.C. (WCIV) — Danny Ford II, a Republican looking to run for Senate, has filed a lawsuit seeking an emergency court order to restore his name to South Carolina’s special Republican primary ballot, arguing the state GOP improperly disqualified him under a newly adopted party rule.

The lawsuit, filed Thursday in Richland County Court of Common Pleas, names the South Carolina Republican Party and the South Carolina Election Commission as defendants. Ford is asking the court to issue a temporary restraining order and preliminary injunction preventing the Republican Party from excluding him from the ballot while the case proceeds.

The special Republican primary was called following the July 11 death of U.S. Sen. Lindsey Graham, who had already secured the party’s nomination for the November general election. Filing for the special primary opened July 21 and closed July 28.

According to the complaint, Ford submitted the required filing paperwork but was later notified by the Republican Party that he would not appear on the ballot because he did not meet a new party rule requiring candidates to have been registered Republicans for at least 90 days and to have voted in at least two of the last three statewide Republican primaries, unless granted a waiver.

Ford argues the rule conflicts with state law and the U.S. and South Carolina constitutions. He contends South Carolina law requires political parties to certify only whether candidates meet the legal qualifications for the office, such as age, citizenship and residency, and does not authorize additional eligibility requirements.

The complaint also alleges Ford voted in the June 9 and June 23 Republican primary elections while he was a candidate for commissioner of agriculture, satisfying the party’s voting-history requirement. It further claims that other candidates allowed to remain on the ballot have “the same or similar voting history” as Ford.

Ford asks the court to declare the Republican Party’s rule unlawful, prohibit the party from enforcing it and require the State Election Commission to place his name on the special Republican primary ballot.

He argues that removing him would cause irreparable harm and deprive voters of a free and open election.