We received a forwarded e-mail today with the subject line “ALERT” and read it anyway.
The e-mail read:
“The mailman just left the mail at my house about 15 minutes ago. What was in the mail is rather disturbing.
“What we received, addressed to NAME REMOVED FOR PRIVACY Family, or Current Resident, was a slick post card, 8 1/2 x 11″ with instructions on how to write in Bob Walker.”
The e-mail continues:
“It is paid for by Citizens for a Better Spartanburg County; P.O. Box 4873, Spartanburg, SC 29305 US Postage PAID Columbia, SC Permit # 1118″
With only a few days until the November 4 general election, complaints about a mailer like this would normally would have escaped attention except that after some research, we also learned that this group, in addition to this mailer, has already employed phoning and e-mails to spread its message.
The e-mail, which also actively solicited donations to Citizens for a Better Spartanburg County (CBSC) , was sent to a number of Spartanburg school district e-mails including:
- gw.spartanburg1.k12.sc.us
- spart6.org
- spart7.org
As the blog UPSTATE UPDATE originally reported (and we confirmed from records at the SC State Ethics Commission), the CBSC chair is a teacher named Barbara J. Calloway. She also serves as the group’s treasurer and custodian of books and accounts, according to Ethics Commission records.
CBSC’s “Statement of Organization” shows that the group formed on October 22, 2008 and filed its organizational report on October 27, 2008 with an established purpose “To Promote Public Education in Spartanburg County.”
State campaign ethics laws require that committees must file their first financial disclosures “within 10 days after spending or receiving the first $500 of the campaign funds.”
Also according to campaign reporting guidelines, a candidate or committee must file a pre-election campaign disclosure “no later than 15 days prior to each election which covers from the last report (if any) through 20 days prior to the election.”
Since the committee did not file until October 27, there are no available public records to list who donated, what was spent, and how much was spent — effectively giving the CBSC a blackout period for their initial and pre-election disclosures.
Knowing the owner of Columbia mail permit number 1118 would offer some insight as to the mail’s direct source, but we have not been able to locate that information yet.
Rumors abound (e.g. web outlets like UPSTATE UPDATE and FITS News) that Bob Walker himself is allegedly behind the write-in campaign, but we have no proof to establish that as fact and will not contend that it is.
If he were responsible for or encouraging the effort, he would be in direct violation of SECTION 7-11-210 (Notice of candidacy and pledge) of the South Carolina Code of Laws through which Mr. Walker signed his candidate pledge that included:
“I shall not authorize my name to be placed on the general election ballot by petition and will not offer or campaign as a write-in candidate for this office or any other office for which the party has a nominee. I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for the office has become deceased or otherwise disqualified for election in the ensuing general election.”
The section adds:
“In the event that a person who was defeated as a candidate for nomination to an office in a party’s primary election shall thereafter offer or campaign as a candidate against any nominee for election to any office in the ensuing general election, the state chairman of the party which held the primary (if the office involved is one voted for in the general election by the electors of more than one county), or the county chairman of the party which held the primary (in the case of all other offices), shall forthwith institute an action in a court of competent jurisdiction for an order enjoining the person from so offering or campaigning in the general election, and the court is hereby empowered upon proof of these facts to issue an order.”
This means a county party chairman could obtain an injunction prohibiting the candidate from further campaign activity in the election.
To be sure, we also also researched the constitutionality of SECTION 7-11-210 and learned that the question has been asked and answered by the Florence County Democratic Party through Moore v. Johnson (S.C. 1984) 281 S.C. 218, 314 S.E.2d 335.
That’s the truth.
TRUTH UPDATE: FITS News is now reporting on this latest development and also uncovered the owners of Columbia permit 1118. According to FITS News, the Walker write-in campaign is being handled by the permit’s owners Democratic consulting firm Campaign Research + Strategy in Columbia. For more information on this story and what else was uncovered, see the FITS News article here.
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Yesterday we
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Posted by scpoliticaltruth 