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Daily Kos Elections Morning Digest: Elections board rules against runoff in SC-07, but lawsuit looms

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SC-07: Well, that's one way to deal with advice you don't like: just ignore it. That's what the South Carolina Elections Commission did on Friday, voting 3-2 against counting votes for Ted Vick in the SC-07 Democratic primary. The South Carolina attorney general, however, had informed the commission (after it requested the advice) that a court would likely rule that Vick's votes should be tallied, a move which would force a runoff between Gloria Tinubu and Preston Brittain. Without those votes in the mix, Tinubu would automatically earn the nomination. (Vick of course dropped out a few weeks before election day, which is what prompted this entire dispute.)

And indeed, court is where this is going to end up. A Brittain supporter filed a suit last Thursday in anticipation of the commission's decision, and a judge will hold a hearing this coming Thursday. And Brittain's campaign put out a statement indicating they favor a judicial resolution—presumably they'll piggyback on this ally's lawsuit. In the meantime, the judge "has ordered election officials not to calibrate voting machines for the runoff or distribute runoff materials" until the hearing is held. Time is very short—the runoff is scheduled for June 26—though I imagine the judge could order it delayed if necessary.

It's also worth noting that Brittain filed a pre-runoff fundraising report with the FEC on Friday (a day late)—something he was obligated to do if, in fact, there were to be a runoff. He raised $53K between May 24 and June 6 and had $46K on hand. Unsurprisingly, Tinubu—who of course doesn't think there should be a runoff at all—didn't file a report.


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