Tuesday, April 03, 2012

So, When Is 21 Exactly 21 ??

Or Run For State Representative Too, But Florence Dems and GOP Are Sparring Over When You Have to Be 21...


    So, filing season has finally come and gone.. We had a couple last minute surprises, but nothing huge.  Katherine Jenerette is giving the new 7th Congressional District a last second whack, which to us is a waste of cash and time, but more power to her.  Also, George Jebaily is putting his well-known name in the City Council race on the Democrat side.  The job for both Robby Hill and Ron Moore just got a lot harder.  Any possibility that we could take three of these guys and dump Ed Robinson by unanimous consent?  We didn't think so either....


    But, the most interesting news was the dispute over FMU Senior Austin Smith's eligibility to run against State District 63 Representative Kris Crawford.  While we don't give Smith much of a chance in the heavily Republican area, the most fun has been watching the Florence County Democrats and Republicans fight over whether Smith can run.  You see, Smith is only 20, but turns 21 in September...  Right now, we're betting he's resenting his parents just a tad for not doing the nasty a few months earlier...


    According to SCnow.com, the GOP feels that Smith needs to be 21 as of the primary date in June, not the November General Election date.  The Dems say November is the date.  To back up their case, the FCGOP got an opinion from the Chief Counsel of the SC House Judiciary Committee.  Of course, that group is run by the GOP, and opinions are not legally binding - it just one person's interpretation, which can be bent to suit a purpose.  


    We don't have a SC Constitution in front of us, and we are far from experts on the topic.  But, we are pretty sure there must be some pretty clear interpretation of when the age requirement takes effect.  Our guess is if you have to be 18 by the General Election to vote in the Primary or General Election, then you just have to be 21 by the General Election to run.  If there is no Democratic Primary for this race, then it's really moot.  The Dems are certain that Smith will run, and they generally are pretty tight when it comes to legal interpretation, whereas the Florence GOP kinda think things should be one way or another.. However, the one thing we're pretty sure of is Crawford will likely spank Smith in the General anyway...


Editor's Note: We mistakenly put John Jebaily as the City Council candidate, not George. Apparently, we weren't the only ones who mixed them up. The FMN put up John's picture, and that's what we saw. Thanks to Elijah for noting the error...


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1 comment:

pluvlaw said...

The entire affair is just lame. It's not hard to look this shit up. It's Art.III, Sec.7 of the SC Constitution. And there's no "at the time of filing" requirement in there for age, while there is for residency. Oops...

So despite the proclamations of such weighty legal scholars like Rep. Lowe or your first Vice Chair, it's not "very clear" that Smith has to be 21 at time of filing. In fact, it's quite clear that is not the law. And I think I know a thing or two about election law and challenges.

But move beyond that to WHY? The kid has little to no shot at taking that seat as it's simply drawn too strongly Republican. Now, instead of your incumbent quietly and easily winning re-election, you've gift wrapped free media to his opponent. Media, I might ad, from which there's no way your candidate can come off as anything other than a bully. Not exactly a narrative you want to give oxygen to when your incumbent still has the tax charges he's got to resolve.

Politics ain't checkers...It's chess. This is just a perfect example of how some people think you make moves because you can and don't realize discretion is, in fact, pretty damn important in politics.