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?

Click here to read the opinion.

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.

“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:

“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.

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.

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 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)

Also, WIS is reporting Cromartie was not at the meeting.

Click here to ready today’s story, which references the meeting.

Now that the election is (tentatively) set for April 6th, filing for the seat officially opens at noon Monday and closes at noon March 19th.

Here are the candidates I know about:

Chris Barcazk — real estate appraiser, ran for the Tameika Isaac Devine’s at-large seat in 2006 and lost. He does not live in the district, but he does own a house there and could move there to launch his campaign.

Brian DeQuincey Newman — Former Richland County prosecutor, now a personal injury and criminal defense attorney in private practice with Rikard & Moses. He is the nephew of legendary S.C. civil rights icon I. DeQuincey Newman.

Harold “Puff” Howard — owner of Puff Howard’s Towing and Howard’s Garage on Two Notch Road. He is the brother of State Rep. Leon Howard, the former chairman of the Legislative Black Caucus.

Laddie Howard — Former lobbyist with the S.C. Association of Counties, now runs his own lobbying business whose clients include the South Carolina Equality Coalition. Howard is not related to Puff Howard or Leon Howard.

UPDATE: Because so many of you have asked, I haven’t been able to reach Cromartie’s son, Ernest Cromartie III.

Before his resignation today amid charges of federal tax evasion, Cromartie presided over one last City Council meeting and ended it with one last speech.

Click here to hear it.

Here’s what the state law says about special election:

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 vacancy occurs one hundred eighty days or more prior to the next general election. (5-7-200)

If Cromartie resigns with less than 180 days left before the next general election, city voters can elect his replacement during the general election. If he resigns with more than 180 days left before the general election, the city must hold a special election.

The city’s next general election is April 6, 28 days away. That’s less than 180 days, which means the election will be on April 6, right?

Not necessarily. There comes a point when it would be impossible to hold the election on April 6th because it would be technically impossible. The city wouldn’t have enough time to hire poll workers, train them, print ballots, etc.

The question is, if Cromartie were to resign today, is 28 days enough time to hold the election April 6? City Council will have to decide, and it won’t be easy. Any decision they make will likely be roundly criticized. If the election is April 6, it will ensure a higher turnout in district 2, which would affect the mayor’s race. If council opts for a special election, it would cost more money and suffer from a lower voter turnout.

He issued this news release today just before 6 p.m:

Official Press Statement of

EW Cromartie II

March 8, 2010

I am genuinely sorry for my mistakes in judgment. I am deeply grateful to the citizens of District II and the City of Columbia, and the thousands of people who have supported me over my 27 years of public service.