SC Democratic Party files lawsuit to remove Labor Party candidates from 2022 ballot

The South Carolina Democratic Party has filed a lawsuit to remove Labor Party candidates from the November 2022 ballot.

The Labor Party nominated Gary Votour for governor and his running mate Harold Geddings for lieutenant governor, and Lucus Faulk in the 1st Congressional District race during a nominating convention last month despite a dispute among party leaders whether to nominate anyone at all.

The state’s Democratic Party argues in the lawsuit, filed Tuesday against the Labor Party, the candidates and the State Election Commission, that the Labor Party’s convention occurred too late, as state law requires nominating conventions to happen by May 15.

The South Carolina Democratic Party is being represented by Columbia attorney Chris Kenney, who works in state Sen. Dick Harpootlian’s law firm.

“The Labor Party failed to comply with the deadline to nominate candidates and then held an illegal sham convention purporting to ‘nominate’ Votour, Geddings and Faulk and then certified those sham nominees to the election commission to be placed on the ballot,” the lawsuit says.

Votour has been at odds with the Democratic Party ever since the party’s nominee for governor, Joe Cunningham, said he would not back a $15 minimum wage. When he left the Democratic Party in January, he announced he would seek the Labor Party nomination.

“I don’t understand why the Democratic Party wants to become involved in the internal affairs of the South Carolina Labor Party. It’s not their party,” Votour said, declining further comment until he had reviewed the lawsuit.

Some Labor Party officials previously told The State that they worried putting candidates on the ballot would take votes away from Democratic candidates, thereby ensuring a Republican would win.

Labor Party officials in March voted not to nominate any candidates, said Labor Party Co-Chair Willie Legette.

Legette told The State Wednesday that his fellow Co-Chair Donna Dewitt “went rogue, claims to have had this convention that I’ve never seen documentation of, (and) never talked to me about it.”

Dewitt did not immediately return a phone call seeking comment Wednesday.

Dewitt has previously said the nominating convention was in July and scheduled by others in Labor Party leadership because candidates had filed to run for the Labor Party nomination. The candidates ultimately were certified and sent to the State Election Commission.

A hearing on the lawsuit, which names the Labor Party, Votour, Geddings, Faulk and the State Election Commission as defendants, is scheduled for Tuesday, Aug. 16, in Richland County.

The State Election Commission declined to comment on the pending litigation. The commission however has said it has to place Votour, Geddings and Faulk on the ballot, “unless directed to do otherwise by some competent authority.”

Chris Whitmire, the commission’s deputy executive director, said the commission has until Sept. 24 to finalize ballots for the November election.