Participants:   Mr. Samuel W. Howell, IV, Chairman;   Dr. Walter C. Robinson, Vice-Chairman;   Mr. Vernon Dunbar;   Mrs. Martha Edens;   Mrs. Donna Royson, Deputy Director;   Ms. Hannah King, Public Information Officer;   Mr. Garry Baum, Training Coordinator;   Mrs. Cindy Peel, Administrative Assistant;   Mrs. Janet Reynolds, Secretary to the Commission;   Mr. Dan Lewerenz with the Associated Press;   Ms. Betty Montgomery, current Chairman of the Reform Party;   Mr. Bob Batchelder with the Reform Party and Mr. Gary Sinawski, an attorney representing Mr. Batchelder and Mrs. Bay Buchanan with the Pat Buchanan campaign.

 

THE MEETING OF THE STATE ELECTION COMMISSION WAS HELD PURSUANT TO THE FREEDOM OF INFORMATION ACT AND ALL REQUIRED NOTIFICATIONS WERE MADE.   Mr. Howell called the meeting to order. He then asked for someone from the SEC staff to acknowledge how the Commission complied with the Freedom of Information Act in sending out notifications regarding the meeting. Ms. Hannah King, Public Information Officer for the SEC, stated that a news release was sent to the Associated Press and a notice was posted on the bulletin board at 2221 Devine Street, 24 hours in advance as required by FOIA. Mr. Howell noted that there were three items on the agenda. The first item involved the Reform Party and it’s Presidential and Vice Presidential nominees. The second item relates to the Natural Law Party and the withdrawal of a Congressional candidate. The third item is in reference to the United Citizens Party and it’s nomination of several national and state officers. Mr. Howell then asked those participants on the telephone to identify themselves. The State Election Commission staff who were present also identified themselves. Mr. Howell noted that Mr. James Hendrix, Executive Director of the SEC was unable to attend today’s meeting because he was out of the State and Dr. Deborah Cureton, a member of the SEC, is also unable to attend as she is out of the Country. Mr. Howell asked that all participants identify themselves before they speak. He also asked that if anyone other than the commission members wished to speak, to please address him by announcing their name and he would let them know if it was an appropriate time for them to speak. The first item is a request by Mr. Bob Batchelder that the SEC conduct a hearing on a change in the chairmanship of the South Carolina Reform Party and the S. C. Reform Party’s certification of Presidential and Vice-Presidential candidates to appear on the S. C. Ballot. Mr. Batchelder confirmed such. Mr. Howell updated the other commissioner’s on his recent discussions with Mr. Hendrix, Executive Director of the SEC. Mr. Howell stated that the SEC received certification signed and dated August 26, 2000, from the Chairman of the Party, Mrs. Betty Montgomery, certifying Pat Buchanan and Ezola Foster as candidates for the Reform Party in the November election. The SEC also received certification on the same date, from Mr. Bob Batchelder, Vice-Chairman of the Reform Party, certifying John Hagelin and Amos Goldhaber as candidates for the Reform Party in the November election. The SEC requested a copy of the Minutes of the State Reform Party’s Convention that was held on August 26, 2000 (Mr. Howell also stated that this was a reconvened convention from May 9, 2000). The SEC received those Minutes and, consistent with what Mrs. Montgomery and Mr. Batchelder had told us, the Convention by a vote of 12-10 voted in favor of certifying the Buchanan-Foster ticket for President and Vice President in South Carolina. Since that time, the SEC has received correspondence from Mr. Batchelder by way of fax and e-mail indicating that a vote was taken by members of the Board of Directors of the Reform Party to replace Mrs. Montgomery as Chairman. The Reform Party By- laws have also been received. Mr. Howell asked Mr. Batchelder to speak at this time. Mr. Batchelder reminded everyone that this was, as Mr. Howell stated earlier, a reconvened convention from May 9, 2000, and because it was reconvened, technically only 18 people who voted at the May 9th convention were allowed to vote on August 26th. Mr. Batchelder reported that he is the credentials chairman for the Reform Party for South Carolina and he got to the meeting 30 minutes early so that he could credential those eligible to vote. However, when he got there, he was locked out of the building and the meeting started promptly. He stated that he found out that a list of credentialed people had been formed and everything was set up so he had no time to credential those that should have been eligible to vote at that meeting. He also stated that the meeting was never called to order and that when the votes were totaled, it was a 12-10 vote for Buchanan with a total of 22 people voting when only 18 should have been allowed to vote. An additional person, Mr. Gary Bunker, was elected to a directorship on August 26th so he would have been added to the original 18 voters making it a total of 19 people eligible to vote on August 26th. He further stated that on the list of 18 people who voted at the May 9th convention, only 12 of those people attended the August 26th convention. When broken down by vote, those 12 voters voted 8-4 for Hagelin. Mr. Batchelder stated that he feels the reason he was locked out of the building was so that people who voted for Buchanan could be credentialed without him being there to object. He stated that he and Mrs. Montgomery had tentatively agreed to allow four delegates that represented the party and were nominated on May 9th to be added to the list of eligible voters on August 26th. When broken down with those additional four voters, the vote became 9-7 for Hagelin. Mr. Batchelder stated that due to the situation at the August 26th meeting, the Board of Directors for the Reform Party voted by a 6-2 vote to remove Mrs. Montgomery as Chairman of the S. C. Reform Party and replaced her with Mr. Batchelder as acting chairman until another election for Chairman is held. He stated that he feels the Party has made a decision based on their by-laws. Mr. Howell asked Mr. Batchelder what relief he is asking of the State Election Commission? Mr. Batchelder stated that they are simply asking that the SEC to respect the autonomy and authority of the Board of Directors of the S. C. Reform Party to govern itself and to stay out of the business of the Party. He stated that respectfully, it is not up to the Commission, to instruct the Reform Party of S. C. Mr. Howell next asked Mrs. Montgomery if she would like to reply. She stated that she has a tape of the August 26th meeting. She stated that she and Mr. Batchelder disagree about who should have been provided credentials. She stated that she and her legal counsel agree that directors can not vote by proxy and that would make two of Mr. Batchelder’s people ineligible to vote. She said this was announced at the meeting and she feels that all those that voted on August 26th were eligible to vote. She also added that Mr. Batchelder brought proxy’s to the meeting and that those proxy’s should not have been allowed to vote. Mr. Howell stated that according to the records on file at the SEC, Mrs. Montgomery is the Chairman of the S. C. Reform Party. He further stated that he agrees with Mr. Batchelder that the SEC does not have a role in determining an intra party disagreement. He stated that the SEC has to rely on the official documentation that we have on file and he feels that the certification was properly filed by the official Chairman of the Party according the records on file at the SEC. We also received the Minutes of the August 26th meeting and those Minutes reflect the results of the certification as submitted to the SEC. Mr. Howell then asked the other commissioners how they felt regarding the matter. Dr. Robinson stated that he agreed with Mr. Howell that the SEC has no jurisdiction over intra party disputes. Mrs. Edens agreed. Mr. Dunbar stated that he agreed and that according to Title 7, the Circuit Courts probably would be the proper authority on the matter, but definitely not the SEC. Mr. Howell asked if the SEC staff had anything to add at this time. Mrs. Donna Royson stated "not at this time." Mr. Howell stated that he felt that Mrs. Montgomery and Mr. Batchelder should be allowed to speak again after hearing the commissioner’s comments. Mr. Batchelder asked if his lawyer, Mr. Sinawski could speak. Mr. Sinawski asked if he could address a question to Mrs. Montgomery. Mr. Howell stated that this is not a hearing and he would not allow the forum of this meeting to be used to examine people. He further stated that the question before the Commission is whether or not to have a hearing. If such a hearing is scheduled, that would be the time to address Mrs. Montgomery. Mr. Sinawski then asked that if the Commission was relying on it’s records in it’s files for the Reform Party, did it not recognize those that reflect the documentation which indicates that the Chairman was replaced by a 6-2 vote of the Board of Directors of the Party and a corrected certification of Presidential and Vice Presidential nominees was received and was also a part of that Reform Party file. Mr. Sinawski’s second question was what if the SEC received certification of candidate’s from the person believed to be the Chairman of the Party which indicated that Santa Claus was the nominee for President but the SEC received all kinds of letters and phone calls from other members of the Party denying that certification, would the SEC accept the certification nevertheless? Mr. Howell said, of course the SEC would not accept that nomination, but unlike Mr. Sinawski’s example, the National Media reports that Buchanan and Foster received the nomination of the National Reform Party which seems to agree with the certification received from the S. C. Reform Party. Mrs. Edens asked why the change of chairmanship would change the convention vote certifying the candidates. Mr. Batchelder replied that the convention vote was not changed, that it was declared null and void because of election fraud. He stated that because of what the Executive Committee of the S. C Reform Party determined to be election fraud by the Buchanan Campaign to have their nominee elected at their convention, they could not allow the nomination of Buchanan and Foster. Mr. Batchelder stated that the SEC was notified via fax and e-mail that the vote was disqualified. Mr. Batchelder also took the opportunity to deny Mrs. Montgomery’s claim that proxy ’s were brought to the August 26th meeting by Mr. Batchelder. He stated that e-mail votes were brought to the meeting which he stated are allowed by the Party by-laws. Mr. Howell asked Mr. Batchelder to refrain from accusations against Mrs. Montgomery during the meeting. Mrs. Montgomery stated that according to the Reform Party by-laws anyone who attended the May meeting was allowed to vote. She also stated that the by-laws state that a member of the Board of Directors can not be a Board of Director member of another party. She stated that she feels she is correct in saying that Mr. Wayne Griffin is a Director of the S. C. Reform Party and is also a Director of another party. Mr. Batchelder stated that the information Mrs. Montgomery just gave is incorrect. Mrs. Montgomery stated that the information is on file at the SEC as of the morning of September 1st. Mr. Batchelder stated that he had called this meeting to show the evidence to the SEC and he now wants the SEC to simply respect the wishes of the Executive Committee of the S. C. Reform Party. Dr. Robinson made a motion that the SEC send the matter to the Circuit Courts and let them decide the matter. Mrs. Edens seconded the motion. Mr. Howell stated that either side could take this to court but the SEC will go forward with the issue at hand. Mrs. Edens made a motion that the SEC deny a hearing on the issues raised by Mr. Batchelder. Mr. Dunbar seconded the motion. Dr. Robinson withdrew his motion. Mr. Howell called for a roll call vote and the vote was unanimous 4-0. The next issue before the Commission was the Natural Law Party and the request of Joe Inella, candidate for Unites States Congress in the First Congressional District to withdraw his candidacy. The issue before the SEC is whether Mr. Inella’s withdrawal is for a legitimate, nonpolitical reason in order that the Party could substitute another candidate in his place. The SEC has received a package with Mr. Inella’s notarized letter and also copies of some agreements with his company stating that he will be out of the State during the week of August 23rd. Dr. Robinson said the SEC has had another issue in Beaufort County regarding the same circumstances and he feels that the SEC should be consistent. Mr. Dunbar asked if the notarized letter is the same as an affidavit. Mrs. Edens asked if the Commission will grant Mr. Inella’s request after receipt of an affidavit from him. After some discussion, Mrs. Edens made a motion that the SEC approve the withdrawal upon receipt of an affidavit from Mr. Inella. Dr. Robinson seconded the motion. The motion carried unanimously. Mr. Howell asked that the SEC staff contact Mr. Inella immediately so that another candidate can be substituted immediately upon receipt of the affidavit. The last item was with the United Citizens Party who would like to certify candidates of the Democratic Party which would allow them to appear on the ballot as United Citizens Party candidates as well. Garry Baum, with the SEC, informed Mr. Howell that on the list of names before the Commission, the ones in question are Congress in the 3rd and 4th districts, several State House Seats and County Council Seats. All of those are Democratic nominees except Mr. Peter Ashy who is running on the Natural Law Party ticket. Mr. Howell said the issue is whether those candidates should have filed a notice of intention of candidacy as members of the United Citizens Party prior to the deadline. However, they filed with other parties. Mr. Howell stated that in 1970 the Federal Court rendered a decision which sets aside that portion of the Statute which the SEC has typically relied on in filing notices of intent of candidacy. Mr. Howell stated that Mr. Jim Hendrix, Executive Director, suggested that both parties who will have the candidate on their ballot provide written consent that these candidates be put on the ballot under their party. However, the candidate’s do not want to have to receive consent from the other party so the question is whether to request the written consent from both parties. After some discussion, Mr. Howell made a motion that the SEC allow the candidates to appear on the United Citizens Party slate as long as they provide written consent to the SEC by September 8, 2000. Mr. Dunbar seconded the motion. The motion carried unanimously. Mr. Howell commended the SEC staff and thanked the commissioners for participating. Mr. Howell acknowledged that this would be Mr. Dunbar’s last meeting. The other commissioners wished him well. The next meeting will be scheduled at a later date. There being no further business, the teleconference meeting adjourned.   Respectfully submitted, Janet Reynolds