Dueling forums

If you’re tired of all the mayoral forums (there are five scheduled for this week alone), then you might try the “Silenced Majority Forum” tonight outside of the USC Law School.

Why? Because this forum will have a magician. And Aaron Johnson’s campaign manager will be drawing caricatures of people, carnival style.

Johnson is protesting the official forum, which will be happening inside the law school. Organizers invited four of the eight candidates: Joe Azar, Steve Benjamin, Kirkman Finlay and Steve Morrison.

And what’s a scorned candidate to do after his protest forum? From Johnson’s Facebook page:

After the forum we will proceed to Hunter Gatherer where we will celebrate our freedoms! Then Pint Night at the Whig, then heck… Why not Karaoke at Art Bar?

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Attorney General: April 6 District 2 election OK; but court should decide

The Columbia City Council’s decision to hold an election April 6 to replace former Councilman E.W. Cromartie is OK, but con-tradictions in state law should be addressed by a court “as quickly as possible,” according to an opinion from state Attorney General Henry McMaster.

Click here to read the opinion.

The Columbia City Council’s decision to hold an election April 6 to replace former Councilman E.W. Cromartie is OK, but con-tradictions in state law should be addressed by a court “as soon as possible,” according to an opinion from state Attorney General Henry McMaster.
The opinion is based primarily on state law 5-7-200, which states:
“A vacancy in the office of mayor or council shall be filled for the remainder of the unexpired term at the next regular election or at a special election if the va-cancy occurs one hundred eighty days or more prior to the next general election.”
That contradicts state law, which says:
“Public notice of the elections shall be given at least sixty days prior to such elections.”
But the attorney general’s of-fice has, since the last 1970s, in-terpreted 5-7-200 to be manda-tory.
“Thus, based upon the literal requirements of Section 5-7-200, as well as our long-standing opinions interpreting this provi-sion, the City Council of Colum-bia, which has scheduled the election to fill the vacancy for April 6, would be within its right to do so,” the opinion says. “We cannot conclude that the election to fill the vacancy for Councilman Cromartie cannot be held on that date.”
But the attorney general’s of-fice admitted that “a legitimate constitutional question of timing is apparent” and said “this question should thus be addressed by a court as quickly as possible.”
That chance will come Thurs-day, when Paul Denman — a re-tired banker who lives in District 2 — will ask Circuit Court Judge James Barber to halt the election.
Tuesday, City Attorney Ken Gaines wrote a legal brief outlin-ing the city’s position:
“If this Court determines that the (April 6 election) does not comply with state law, Columbia City Council seeks guidance from the Court on the proper method of the election to fill the vacancy in the District 2 Council seat,” Gaines wrote.

The opinion is based primarily on state law 5-7-200, which states:

“A vacancy in the office of mayor or council shall be filled for the remainder of the unexpired term at the next regular election or at a special election if the va-cancy occurs one hundred eighty days or more prior to the next general election.”

That contradicts state law 5-15-50, which says:

“Public notice of the elections shall be given at least sixty days prior to such elections.”

But the attorney general’s office has, since the last 1970s, interpreted 5-7-200 to be mandatory.

“Thus, based upon the literal requirements of Section 5-7-200, as well as our long-standing opinions interpreting this provision, the City Council of Columbia, which has scheduled the election to fill the vacancy for April 6, would be within its right to do so,” the opinion says. “We cannot conclude that the election to fill the vacancy for Councilman Cromartie cannot be held on that date.”

But the attorney general’s office admitted that “a legitimate constitutional question of timing is apparent” and said “this question should thus be addressed by a court as quickly as possible.”

That chance will come Thurs-day, when Paul Denman — a retired banker who lives in District 2 — will ask Circuit Court Judge James Barber to halt the election.

Tuesday, City Attorney Ken Gaines wrote a legal brief outlining the city’s position:

“If this Court determines that the (April 6 election) does not comply with state law, Columbia City Council seeks guidance from the Court on the proper method of the election to fill the vacancy in the District 2 Council seat,” Gaines wrote.

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The city’s position

When Columbia City Attorney Ken Gaines stands in front of Judge James Barber Thursday to defend the city in a lawsuit challenging the April 6 election for District 2, his position will be this:

“Please, please please tell us what to do.”

That’s the gist of a legal brief Gaines has written to state the city’s position. Here’s an excerpt:

A conflict exists between the mandatory language contained in S.C.Code Ann.
§5-7-200 (2004) and the mandatory language contained in S.C.Code Ann. §5-15-50
(2004), S.C.Code Ann., §7-13-35 (Supp. 2009) and City Code of Ordinances, §6-6.
Faced with this conflict in the law, Columbia City Council felt that a fair
compromise position was to enact Resolution No. R-2010-027.

“If this Court determines that(the April 6 election) does not comply with state law, Columbia City Council seeks guidance from the Court on the proper method of the election to fill the vacancy in the District 2 Council seat.”

You can read the full brief by clicking here.

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Laddie Howard will not run for District 2

Lobbyist Laddie Howard said today he will not file for the District 2 election to replace former City Councilman E.W. Cromartie.

Howard said the election, scheduled for April 6, does not give him enough time to run a campaign.

“I just think it’s going to get a lot crazier before it gets better,” he said.

Howard did not know about Paul Denman’s lawsuit, which is scheduled to go before a judge Thursday morning. But Howard said even if the April 6 election is halted, the council seat will be up for reelection in 2012. He might run then instead.

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Cromartie through the years

If you missed Dawn Hinshaw’s profile Sunday of former Columbia City Councilman E.W. Cromartie, shame on you.

To research the story, our photo staff dug up some old pictures of Cromartie, and I’m posting some here:

E.W. Cromartie with his family at the Prince Hall Masonic Temple on March 1, 1983, the year Cromartie was first elected to City Council

E.W. Cromartie with his family at the Prince Hall Masonic Temple on March 1, 1983, the year Cromartie was first elected to City Council

E.W. Cromartie in 1978, when he first ran for City Council. He ran for an at-large seat and lost.

E.W. Cromartie in 1978, when he first ran for City Council. He ran for an at-large seat and lost.

Cromartie at a community basketball game in 1989 at Drew Park. Cromartie's team included fellow council members Frannie Heizer, Luther Battiste and Jim Papadea. (Yes, they won)

Cromartie at a community basketball game in 1989 at Drew Park. Cromartie's team included fellow council members Frannie Heizer, Luther Battiste and Jim Papadea. (Yes, they won)

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