Thursday hearing set on request to halt District 2 election
A Columbia man is asking a Richland County judge to halt Columbia’s April 6 election to replace former District 2 Councilman E.W. Cromartie.
Paul Denman, who lives in a condo on Main Street, is asking Judge James Barber to issue a stay for the District 2 election, which was scheduled last week after Cromartie resigned following federal tax evasion charges.
Barber will hold a hearing Thursday morning at 9:30 in courtroom 2B of the Richland County Judicial Center, at 1701 Main Street.
"Ordinarily when you file a lawsuit, the other side has 30 days to respond to it. That would be too late here," said attorney Jay Bender, who represents Denman and asked Barber to schedule Thursday’s hearing.
City Council members scheduled the District 2 election for April 6 — the same day as the election for mayor and City Council — because of a state law that says:
"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."
But the decision has been fraught with political controversy, mainly because the mayor’s race is scheduled for the same day.
Denman was photographed at a March 9 mayoral forum wearing a Steve Morrison for mayor campaign sticker — a photo that is displayed on Morrison’s campaign Web site.
Morrison is against having the District 2 election on April 6, because he says it will not give District 2 residents enough time to get to know the candidates and make an informed decision.
Morrison has denied rumors that he is working to halt the April 6 election in the majority black district because it could increase votes for one of his opponents, Steve Benjamin, who is black.
Denman’s political connections to Morrison have led some to speculate the mayoral candidate was paying for the lawsuit.
"I can tell you, unequivocally, that is false," Bender said. "This is motivated exclusively by Paul’s belief that in a democracy, you can’t have an election unless people have notice of it or an opportunity to campaign for the seat or meet the people who are campaigning for the seat.
"A two-week election cycle makes that impossible."
Efforts to reach Denman Monday were unsuccessful.
Denman, through his attorney, is arguing that state law defines a general election as the first Tuesday after the first Monday in November.
Because of that, Denman argues Cromartie’s resignation occurred more than 180 days prior to the "general election," and therefore requires a special election.
A special election, Bender said, should follow the state law requiring officials to give a 60-day public notice. Columbia’s city codes call for a 90-day public notice.
"We welcome Judge Barber helping us sort through this very complicated issue," Columbia Mayor Bob Coble said. "He’s an imminently fair judge, of course, and would do an outstanding job in this matter."
Filing for the District 2 seat opens at noon today. Bender said Denman had considered filing as a candidate, but decided "the accelerated schedule made it impossible to mount an effective campaign and be able to communicate with voters in the district," Bender said.
"Even if he’s not a candidate he has the impossible task of making an informed decision on the candidates who may offer for the seat because the candidates won’t have time and the voters won’t have time to find out who is in the race and what they stand for," Bender said.
Bender is a Columbia attorney who specializes in media law and First Amendment issues. Among his clients are The State newspaper and the South Carolina Press Association. The State is a member of the press association.
Reach Beam at (803) 386-7038.
This story was originally published March 15, 2010 at 10:47 AM with the headline "Thursday hearing set on request to halt District 2 election."