Lawsuit challenges April 6 election date

Mayor Bob Coble last week urged Columbians to "quit complaining" about the District 2 election April 6 and file a lawsuit.

Paul Denman was happy to oblige.

The District 2 retired banker filed a lawsuit Monday at the Richland County Courthouse, saying City Council's decision to give candidates just two weeks to campaign for the seat causes him "irreparable injury as either a candidate or a voter."

Thursday, Denman will ask Judge James Barber - who, as a former Richland County councilman, is aware of the politics at stake - to halt the election scheduled to replace former City Councilman E.W. Cromartie, who resigned last week amid federal tax evasion charges.

If Barber halts the election, it will force the council to schedule a special election, which would require at least 90 days of public notice, according to the city's codes.

"We'd love for someone to make this decision," Councilwoman Tameika Isaac Devine said. "Regardless, someone is going to be mad at us."

But the lawsuit, like everything else surrounding the process of replacing Cromartie, could not escape the pall of politics.

Denman was photographed at a March 9 mayoral forum wearing a campaign sticker for Steve Morrison, who has spoken out publicly against holding the District 2 election April 6.

"I can tell you, unequivocally, that is false," Denman's attorney, Jay Bender, said regarding a possible connection between Morrison and the lawsuit.

"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."

Bender is a Columbia attorney who specializes in media law and First Amendment issues. Among his clients are The State newspaper and the S.C. Press Association. The State is a member of the press association.

Reached Monday, Morrison backed away from his earlier comments on the election and said he is focused on the mayor's race.

"I view all of this as a distraction at this point," Morrison said. "I'm focused on the election on April 6. If District 2 votes the same day, that's fine with me. If they don't, I understand that also."

Cromartie resigned his council seat last week following charges that he failed to pay his federal income taxes and then lied about it to the IRS. A plea agreement recommends Cromartie be sentenced to one year and one day in prison.

To replace him, council members voted unanimously last week to schedule an election April 6, the date of the city's next general election, 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."

Denman's lawsuit argues that scheduling the election for April 6 - 28 days after Cromartie resigned and the seat became open - contradicts another state law that requires at least 60 days of public notice before an election.

And, Bender said, it violates the city's own codes, which require a 90-day public notice before an election.

The city will be represented in Thursday's hearing by attorney Ken Gaines, who last week urged council members to schedule the District 2 election for June 15, saying it would be "more defensible" in court.

Efforts to reach Gaines on Monday were unsuccessful.

It's unclear whether Gaines will argue for the April 6 date in court, especially since City Council members are telling him they don't know when the election should be.

"Our position should be, 'We have a very difficult, contradictory deal here. We need some guidance,'" Coble said.

But if Gaines doesn't argue for the April 6 date, Brian DeQuincey Newman is prepared to do it for him.

Newman, who filed for the District 2 race Monday, said he would attend Thursday's hearing with his own attorney.

"(An April 6 election) would give citizens of District 2 more time to get to know who is going to be representing them, but at the same time important decisions will be made at City Council and it would be unfair for District 2 to go unrepresented," Newman said.

Filing for the District 2 seat opened at noon Monday. Newman and Antonio Williams, who dropped out of the City Council at-large race, were the only two candidates to file.

Two Notch Road businessman Harold "Puff" Howard, real estate appraiser Chris Barczak and Columbia Council of Neighborhoods vice president Alex Furgess have said they are interested in the seat.

Lobbyist Laddie Howard, who announced his candidacy last week, said Monday he had changed his mind.

"Politics have probably been involved since the beginning," he said. "I just think it's going to get a lot crazier before it gets better."

This story was originally published March 16, 2010 at 12:00 AM with the headline "Lawsuit challenges April 6 election date."