On the ballot or not: is Samuels-Cooper a candidate?
by Laura Stone | August 8, 2018 10:06 pm
This evening, the Clarendon County Democratic Party and the South Carolina Democratic Party filed a Motion to Reconsider and/or Amend Order with the Common Court of Pleas in the Third Judicial Court.
Prior to making a finalized decision regarding whether LaNette Samuels-Cooper will be placed on the November ballot, the two Democratic Party defendants in the recent court case with Clarendon County Coroner Bucky Mock are seeking a clarified judgement regarding their joint Motion to Dismiss pursuant to South Carolina Rule 12(b)(6) for failure to exhaust administrative remedies, which was filed on July 24.
This rule states that “Every defense, in law or fact, to a cause of action in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (6) failure to state facts sufficient to constitute a cause of action…”
Judge Ferrell Cothran partially granted the same motion filed by Ronnie Sabb, who represented Samuels-Cooper. This partial granting of the motion stated that, due to the fact that Mock did not exhaust all remedies available to him through the formal protest process with the Democratic Party, Mock could not contest Samuels-Cooper having been placed on the primary ballot in the first place.
However, although Cothran mentioned the joint motion by the two Democratic Party defendants, he did not specifically grant or deny that motion.
According to Clarendon County Democratic Party Chairperson Patricia Pringle, the two defendants are seeking a ruling on their joint motion and clarification prior to making a finalized decision as to whether or not Samuels-Cooper will be placed on the November ballot as candidate for Clarendon County Coroner. Until they have this ruling, the question of whether or not she will be on the ballot is still open.
The Manning Times will provide updates as official information becomes available.