A judge has given Democrats a win in the Charleston County's sheriff race, blocking a would-be challenger to Sheriff Kristin Graziano and affirming that state election law gives parties control over their primary ballots.
Circuit Court Judge George McFaddin on April 23 sided with the South Carolina Democratic Party in denying Alan Ali, a former Charleston County Sheriff's Office lieutenant, a spot on the party's June 11 partisan primary ballot.
McFaddin made his decision on First Amendment grounds, saying political parties are free to not associate with specific candidates and that state law gives broad discretion for the parties to make rules on who can appear on their primary ballots.
Ali said in a statement that McFaddin's decision gives the party the ability to protect incumbents and inhibit voter choice. He said he would not back down from his bid to become sheriff.
"I have no problem with the party having their own rules, but they should be required to apply them equally to everyone," Ali said. "That is what the law requires and what our citizens demand."
An appeal to the South Carolina Supreme Court was advisable but "would take a herculean effort" to avoid postponing the June 11 primary, Ali's attorney Mark Peper said.
"That said, our team remains ready and able to fight this injustice and will continue to advise and support Lt. Ali, his family, and all who stand for democracy," Peper said in a statement.
S.C. Democratic Party Chair Christale Spain initially denied Ali's candidacy after questions emerged over his party loyalty, citing the party's Rule 11. Her rejection prompted an eleventh-hour lawsuit by Ali as ballot-printing deadlines approached.
Spain called the party's process "transparent and fair" after McFaddin issued his ruling.
"We will continue to ensure candidates for the Democratic nomination are not attempting to mislead Democratic primary voters by actively exploring running for office under the banner of another political party,” Spain said.
McFaddin wrote in his ruling that Ali still could appear on the general election ballot as a write-in candidate in November. He noted the U.S. Supreme Court has long held political parties have a First Amendment right of association, which extends to determining who has the opportunity to represent the party in a general election.
Ali "retains all of his rights to run in the general election and to be elected as Sheriff in Charleston County," McFaddin's order reads.
Peper challenged the legality of the rule. The party said it was created in 2022; Peper said it was created in 2016. It allows the state Democratic Party chair to not certify a candidate if they "demonstrated intent to mislead voters and party officials regarding that candidate’s support and allegiance to the Democratic Party and the Party’s values" after consulting with the party's executive committee.
Charleston County Democratic Party Chair Sam Skardon said his party has a responsibility to ensure candidates in its primary are actually Democrats.
“Throughout this process, Mr. Ali’s own words and actions were the driving force behind the decision the party reached," Skardon said in a statement.
Compelling parties to associate with candidates would undermine the nature of political parties, the judge wrote.
"The statute is purposefully silent on how Party certification is to occur — that is exclusively and rightfully the province of the respective Party," McFaddin's order reads.
Trav Robertson, a former state party chair and friend of Graziano's, challenged Ali's qualifications on April 3 to appear on the party's ballot, doubting that Ali met the legal residency requirements and questioning whether he was a Democrat because of his voting record and that he considered running as a Republican for the Dorchester County Sheriff's Office race this year.
Spain denied his candidacy on April 5.
McFaddin ruled state Democrats did not arbitrary apply their own rules.
"SCDP followed their own procedures in declining to certify Plaintiff for participation in their primary — as was their constitutional right," McFaddin wrote. "Further, SCDP’s decision was not completely arbitrary as alleged by Plaintiff, especially given the Plaintiff’s own statements about running for Sheriff as a Republican in another County, Plaintiff’s past voting record, and absence of known or established Democratic allegiances."
McFaddin concluded that just as the court cannot write the laws of South Carolina, the court cannot interfere with the inner workings of any political party or rewrite a party's rules.
"This would force unwanted association and government intrusion in violation of their long-recognized and constitutionally protected First Amendment rights of association; undermining their very existence and reason for forming in the first place," McFaddin wrote.
McFaddin's decision clears the field for Graziano and allows her reelection campaign to focus on fundraising, outreach and messaging for a general election where she is expected to face a fierce challenge. Four Republicans have already lined up to run against her.
