STATE OF SOUTH CAROLMA 4 bJ THE COURT OF COMMON PLEAS - ~ P T I F I E ~ COP?: .

COUNTY OF

Dorchester County Democratic Party, a CHER') ; I CASE NO.

Plaintiff 20 12-CP-18-1632

v. OTlON AND ORDER INFORMATION FORM AND COVER SHEET

Dorchester County Repilblican Party, Et Al. 1 Defendant. 1

Plaintiff's Attorney: James E. Smith, Bar No. Address: 1422 Laurel Street Columbia, SC 29201 phone: 803-933-9800 fax: 803-933-980 1 e-mail: James@JamesSmithPA.com other:

Defendant's Attorney: Robert D. Robbins, Bar No. 10277 Address: 1 10 N. Main Street Summerville, SC 29423 pbone: 843-285-7 100 fax: 843-285-71 99 e-mail: robbyrobbinsl@,bellsouth.net other: a MOTION J3EARING REQUESTED (attach written motion and complete SECTIONS I and III)

FORM MOTION, NO HEARING REQUESTED (complete SECTIONS II and m) , PROPOSED ORDERICONSENT ORDER (complete SECTIONS I1 and III)

SECTION I: Hearing Information Nature of Motion: Motion to Intervene Estimated Time Needed:30 Court Reportel- Needed: [XI YES I NO

SECTION 11: MotiodOrder Type Written motion attached Form MotionIOrder a

I hereby move for relief or action by the court as set forth in the attqched proposed order.

ure of for [XI~laintiff I o ~ e f e n d a n t L+-'

Date submitted 7

SECTION III: Motion Fee IXI PAID - AMOUNT: 25.00 C] EXEMPT: q Rule to Show Cause in Child or Spousal Support (check reason) Domestic ,Abuse or Abuse and Negle'ct

Indigent Status State Agency v. Indigent Party Sexually Violent Predator Act Post-Conviction Relisf Motion for Stay in Bankruptcy Motion for Publication Motion for Execution (Rule 69, SCRCP) Proposed order submitted at request of the court; or, reduced to writing from motion made in open court per judge's instructions

Name of Court Reporter: [7 Other:

JUDGE'S SECTION Motion Fee to be paid upon filing of the attached

order. Other:

JUDGE

CODE: - Date: CLERK'S VERIFICATION *

Date Filed: Collected by:

MOTION FEE COLLECTED: CONTESTED - AMOUNT DUE:

STATE OF SOUTH CAROLINA

COUNTY OF DORCHESTER

IN THE COURT OF COMMON PLEAS IN THE FIRST JUDICIAL CIRCUIT

DORCHESTER COUNTY DEMOCRATIC PARTY,

Plaintiff,

) Civil Action No.: 201 2-CP-18-1632 1 ) ) NOTICE OF MOTION AND

VS. ) MOTION TO INTERVENE )

DORCHESTER COUNTY REPUBLICAN PARTY (Carroll Duncan, as Chairman),

)

SOUTH CAROLINA REPUBLICAN PARTY ) )

(Matt Moore as Executive Director & Chad Connolly, as Chairman), DORCHESTER

) )

COUNTY BOARD OF ELECTIONS (Joshua ) Dickard as Executive Director), SOUTH ) CAROLINA STATE ELECTION COMMISSION ) (Marci Andino, as Executive Director & Chris ) Whitmire as Director of Public Information and ) Training) ; )

Defendants. )

TO THE PLAINTIFF:

PLEASE TAKE NOTICE that as soon as counsel can be heard, he shall move on

behalf of Sean Michael Bennett to intervene in the above lawsuit as a Defendant and to

protect the interests of Sean Michael Bennett as the winner of the Republican Party Primary

Election for Senate District 38. This Motion is based on Rule 24(a) of the SCRCP, §15-53-

80 of the South Carolina Code of Laws (1976, as amended), on any evidence and law

presented at the Intervention Hearing, and on the following grounds:

On March 20, 2012 at approximately 11 :30 a.m. Sean Bennett traveled to the

Dorchestsr County Republicar Party on Trolley Road in Summer:ille, South Carolina for the

purpose of filing as a candidate for South Carolina Senate District 38.

Mr. Bennett was accompanied by Rebecca Woods who assisted in him

assembling the documents necessary for filing.

Mr. Bennett properly filed all forms simultaneously with the Dorchester

County Republican Party necessary to become a candidate for South Carolina Senate

District 38, including his Statement of lntention of Candidacy, a hard copy of his Statement

of Economic lnterest Form, and confirmation of his electronic filing of his Statement of

Economic lnterest Form with the South Carolina Ethics Commission. A copy of Mr.

Bennett's submissions to the Dorchester County Republican Party are attached hereto as

Exhi bit A.

4. Mr. Bennett's candidate packet was received by Tony Piscatella, the Officer

of the Dorchester County Republican Party vested with the power to receive the candidate

filings. Mr. Piscatella verified that Mr. Bennett filed all of the forms and information needed

for the office of South Carolina Senate District 38. This action was witnessed by Ms.

Woods and both men signed an acknowledgement statement to that effect dated March 20,

2012. A copy of the statement with their signatures is attached hereto as Exhibit B.

At the close of the filing period, the only other candidate for South Carolina

Senate District 38 was the incumbent, Mike Rose. No Democratic candidate filed for South

Carolina Senate District 38 and no independent candidates filed for this seat.

6. On May 2, 2012 the South Carolina Supreme Court issued its opinion in

Anderson et al, v, the South Carolina Election Commission, et al. in v:hich it held that a hard

copy of the Statement of Economic lnterest Form had to be filed simultaneously with the

Statement of lntention of Candidacy. The Supreme Court instructed the State Democratic

and Republican Parties and the County Democratic and Republican Parties to certify that

the non-incumbent candidates that had previously filed, had complied with this decision.

7. After receiving the Anderson decision, the Dorchester County Republican

Party certified that Sean Bennett had complied with the Supreme Court ruling by

simultaneously filing a hard copy of the Statement of Economic lnterest Form with his 2

Statement of Intention of Candidacy. No challenge to the certification was made between

May 2, 2012 and June 12, 2012 (the date of the Republican Primary) by either Senator Mike

Rose, any individual citizen of Senate District 38, any member of the Dorchester County

Democratic Party or the Dorchester County Democratic Party itself.

8. The primary election for South Carolina Senate District 38 was held on June

12, 2012 and Sean Bennett received 4,119 votes which represented 60.9% of the votes

cast in the Senate primary. Mr. Bennett was certified as the winner of the Senate Cistrict 38

primary by the Dorchester County Election Commission.

9. Subsequent to Sean Bennett's victory, neither Senator Mike Rose, any

individual citizen of Senate District 38, any member of the Dorchester County Democratic

Party, nor the Dorchester County Democratic Party itself, filed a protest concerning the

primary election. Mr. Bennett is informed and believes that the deadline for such a protest

expired prior to the filing of the present litigation.

10. After Mr. Bennett had won with over 60% of the vote in the primary election,

the Dorchester County Democratic Party filed litigation on June 29, 2012 in an effort to

decertify him from the ballot. The Dorchester County Democratic Party obtained an ex

patte Temporary Restraining Order from Circuit Court Judge DeAndrea Benjamin dated

June 28, 201 2 wh~ch purports to decertify any non-incumbent candidates for the November

6, 2012 General Election. Mr. Bennett is a non-incumbent candidate for the November 6,

201 2 General Election.

11. The Dorchester County Democratic Party did not name Sean Bennett as a

Defendant, despite the fact that it seeks to decertify him as a candidate for South Carolina

Senate District 38. Mr. Bennett contends pursuant to Rule 24 of the SCRCP and South

Carolina Code s15-53-80, that he is an indispensible party to this litigation. The Plaintiff is

seeking declaratory relief in its pleadings, and 915-53-80 clearly states that all parties that 3

have or claim an interest which would be affected by the declaration, shall be made parties

to the proceeding. Rule 24 allows for intervention of right when a statute confers an

unconditional right or when the applicant claims an interest relating to the property or

transaction which is the subject of the action and is so situated that the disposition of the

action may as a practical matter, impair or impede his ability to protect that interest, unless

the applicant's interest is adequately represented by existing parties.

12. Mr. Bennett respectfully requests that this Court allow him to intervene

pursuant to the aforementioned Rule and Statute as it is necessary for him to be a part of

this lit~gation in order to adequately protect his interest, as he cannot rely on the parties

presently named in this litigation to adequately represent his interests.

WHEREFORE, Sean Michael Bennett respectfully prays to this Honorable Court

that he be allowed to intervene in the above litigation in order to adequately protect his

interest as the Republican nominee for South Carolina Senate District 30 in the November

6, 201 2 general election.

Summerville, South Carolina

7- 6 , 2012

Respectfully submitted,

Robert D. Robbins 4ttorney at Law, LLC 110 N. Main Stieet Summerville, SC 29483 Phone: (843) 285-71 00 Facsimile: (843) 285-71 99 ATTORNEY FOR SEAN MICHAEL BENNETT

ATTORNEY VERIFICATION

Pursuant to Rule 11 of the SCRCP, I affirm that prior to the filing of this Motion, I

attempted to contact the attorney for the Plaintiff in a good faith effort to resolve the matter

contained in the Motion.

- Robert D. Robbins

Statement of Intention of Candidacy - Partisan rERTlFlED C9PY

This form must be completed by a candidate seeking partisan office. iCl2JL)L-9 PH 1:50 A Statement of Intention of Candidacy must be filed with each party the candidate wishes to be the nominee. he S.C. Constitution prohibits a person who has been convicted of a felony from filing fomubljc officerfor 15 years after the completion of the sentence, including probation and parole time, unless p r e v i o ~ . ~ & a & ~ ~ ,

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Address */% Cyd..-Ai , ~ ' 5 ~ 4 - - Telephone Cell 4f 9- - ,7822 9 I H O ~ I g ~ / - ~35--- I Work 1822 - T&..y Voter Registration Number 5207.27@ Guidelines for a Candidate's Name to appear on the ballot:

A given name or a derivative may be used The name will not contain quotations, parentheses, or other distinguishing marks Nicknames are allowed if they are used in good faith for honest purposes and do not:

Imply professional or social status Include an office or military rank Exceed I5 letters

I Name as you wish it to appear on ballot (please print)

I I Audio Ballot - Phonetically I Example I [spell your name, if necessa j I ~ackson Gervais: jur-VAY I _(An A I

Candidate's Oath 1 I affirm that I meet, or will meet by the time of the general or special election, the qualitications for this oftice. I Candidate's Signature

c,

Completed by County Party I I I I

Date Time 1 Received I J / ~ A / Received

~ o ~ i t i c i ~ Party

Received BY Countv

I I

SIX' PRM 1010-2W9l l

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Completed by State Party

SOUTH CAROLINA . . - 7 .

Date Received

Time Received

Received BY State Political Party

.GOV - SC State Ethics Commission: Public Disclosure and Accou ...

SC.GOV - SC State Ethics Commission: Public Disclosure and Accountability Reporting Electronic Filing

. Qtatement of Economic Interests: Filing confirmation

Your report has been flled successfully on 3/19/2012 2:08:11 PM. Your conflrmatlon number Is SEIl1867-R33162-378da468.

Your conflrmatlon has been sent to the emall address on record. Please print this page for your records. Click 'Continue' to return to your Statement of Economic Interests Filings or logout If you are finished.

Continue

.GOV - SC State Ethics Commission: Public Disclosure and Accou ... haps://ss1.~~.gov/EthicsCandidateFiling/SE1/Review~tRepor~.~~~x

SC.GOV - SC State Ethics Commission: Public Disclosure and Accountability Reporting Electronic Filing Statement of Economic Interests: Review

Filing Report Review

Name: Year: Filing Type:

Sean Bennett 201 1 Original

Demographic Information

Name

Sean Bennett

Address

1422 Peninsula Polnte Summervllle, SC 29485

Phone

843.442.3009

Positions

Position/Title

Senator

Entlty

Senate

Type

Candidate

Income and Benefits

*** No Income and Benefits Reported. ***

Family Income and Benefits

*** No Family Income and Beneflts Reported. ***

Regulated Business Associations

*** No Regulated Business Asoclations Reported. ***

Real or Personal Property Interests

*** No Property Interest Entries Reported. ***

Real or Personal Property Interest8 II

COuntV

Dorchester

Term of Office Date Flied

112013 - If2017 312012

GOV - SC State Ethics Commission: Public Disclosure and Accou ... h t t p s : / / s s l . s c . g o v / E t h i c s C a n d i d a t e F i l i n ~ p ~

*** No Sold, Leased, or Rented Property Interests Reported. ***

Business Interests

Name of Business

Asset Integration Consultants, Inc.

Relationship

Owner

Creditors

*** No Creditors Reported. ***

LobbyistlLobbyist's Principal

*** No Lobbylst/Lobbyistls Principal Entries Reported. ***

Government Contracts

*** No Government Contracts Reported. ***

Gifts

*** No Gifts Reported. ***

Travel Reimbursement

*** No Travel Reimbursements Reported. ***

General Assembly

*** No General Assembly Entries Reported. ***

.GOV - SC State Ethics Commission: Public Disclosure and Accou ... https://ssl.sc.gov/EthicsCandidateFiling/SE1!ReviewRintR~~

3 o r c h e s t e r County Republican Party Candidate Support Declaration Statement

Name -.

. .

Seeking &ce for: 2 La, A, Seat/Dlstrict # 79 As an announced candidate for the office a h , and as a Republican in Dorchester County I do hereby certify that (please initial your agreement) * 1. I am a resident of the district for which I am running for office and a registered voter

2.1 am a citizen of the United States and a resident of South Carolina 3.1 will be at least 18 years o f age as of the next general election 4.1 am not under any court order declaring me mentally incompetent o r serving a prison term resulting from the conviction of a crime 5.1 have not been convicted of a felony or offense against the election laws. 6.1 will accurately state my qualifications and background in connection with my candidacy.

7.1 understand that failure t o sign this statement or any misrepresentation in connection with my candidacy may result in public disclosure of such failure by the Dorchester County Republican Party Executive Committee.

I further certify that my positions on the various portions of the South Carolina Republican Party Platform adopted in 2011 are indicated below.

ISSUES To Form a More Perfect Union 1. Continued efficiency in Government Restructuring 2. Policies which restore public confidence in the Judiciary 3. Constitutional adherence to States' Rights 4. A Tax Policy which promotes prosperity To Establish Justice 1. An end to racial and gender Discrimination & Afflnnative Action 2. Strict adherence to Ethics in Government

~

3. Governmental protection of Constitutional Property Rights 5. Freedom in the job market through the Right to Work 6. Ensure the Integrity of the Election Process 7. A swift, sure and true Criminal Justice system To Provide for the Common Defense 1. A commitment to Peace through Strength in foreign policy 2. A constitutional view of the Right to Bear Arms 3. United States Sovereignty To Promote the General Welfare 1. A balanced Budget, Deficit reduction and Transparency 2. Incentives to make the Economy grow 3. Increased Educational opportunities and academic excellent 4. An effective and sensible policy on The Environment

Strongly Am=

/

g f 7

Lf z/ r / J

Generally Disagtee

Generally Agree

Strongly Disagree

Dorchester County Republican Party Candidate Support Declaration Statement

I certify in the presence o f a witness o f the Dorchester County Republican Party that I have read the entire South Carolina GOP Platform, dated 2011 and have indicated my positions above.

15. Consumer driven Healthcare

I S S U ~ ~ 6. Highway Transportation and Safety finance and reform 7. An agenda to empower Senior Citizens 8. Welfare Reform Sound fiscal policies & and moral principals t o Secure the Blessings of Liberty

Signature Date

Witness Title Date 31 Z * / ' L ~ ~ B

v' Strongly Agree

/

Please indicate your answers to the following questions. The answers will assist fellow Republicans in their support of your candidacy.

Have you previously campaigned for any elected government office? (Please be specific) 04 A/ 7447 &e*/-

Generally Agree

Do you have experience or service in government (elected or appointed)? &,,*A- ~ : & ~ 7 $ e/pa/, # CS )&A Ad&#,

Have you worked on a political campaign in any capacity? 4i w/e4.+-

Generally Disagree

What is your experience working with the Republican Party (including any volunteer or service capacity)? Please note

Strongly Disagree

any evidence of Republican Party participation.

&$vAcr t.p

3 V - SC State Ethics Commission: Public Disclosure and Accou ...

SC.GOV - SC State Ethics Commission: Public Disclosure and Accountability Reporting Electronic Filin

. Candidate Csrnpai

Primary 201 2, January 10th FW&f08)'2012

Original, Filed

This Period

:.GOV - SC State Ethics Commission: Public Disclosure and Accou ...

Candidate: Position Sought: Election Type: Election Date: Filing Type:

Demographlc Information 1422 Peninsula Pointe Summerville, SC 29485 843.442.3009 County: Dorchester

Report Type 2012, January 10th

Contributions This Period Election Cycle A. Candidates: Personal Funds B1. Individual Contributions or other (+I 62. Loans (+) C. In-Kind Contributions (+) D. Total Contrlbutlons (=)

Expenditures This Period Election Cycle A. In-Kind Expenditures $0.00 $408.10 6. Expenditures (+) C. Total Expenditures (=)

Balance of Contributions --

A. Contributions on Hand (Beginning this Period) $1,050.00

B. Total Contributions (Thls Period) (+) $6,200.00

C. Total Expenditures (This Period) (-) $242.00

D. Contrlbutlons On Hand (Period End) (=) $7,008.00

Loans

Loan Balance: $0.00

Contributions

Add- Occupation Amount ._. _._ ..-. .._ . ."^_ . . -. _." _.- . - - _-. .._ .. . .. .-._- - .

:.GOV - SC State Ethics Commission: Public Disclosure and Accou ...

Donald F Nye

Colln L Martin

704 Slmmons Ave Summewille, SC 29483

116 Brutus Lane Summewille, SC 29485 9209 University Blvd N Charleston, SC 29406 9209 University Blvd N Charleston, SC 29406 9209 University Blvd N Charleston, SC 29406

9209 Universlty Blvd N CHarleston, SC 29406 106 Barrington Court Summewille, SC 29483 PO Box 1118 Summewllle, SC 29483 125 Wllson Drive Summerville, SC 29483 W Box9 Goose Creek, SC 29445 9209 University Blvd N Charleston, SC 29406 728 Shamrock Lane Charleston, SC 29412 1250 43rd Ave San Fransisco, CA 94122

Jessica Bennett 1250 43rd Ave San Fransisco, CA 94122

William A Russell I11 607 Farm Springs Road Summewille, SC 29483

banker

Manager

Northstar Pro

Pratt & Company Inc.

PR Properties of S'vllle

Seventeen A Associates

N/ A

CPA

Jeffrey M Artman

Ronnie M Glvens

Teacher

Deluca & Maucher

PR Properties of Summewilie

Harry Palmer

Erin Bennett

N/A

CPA

Total $6,200.00

Expenditures

Date Vendor A d d m Desaiptlon Amount . - - -.-- -- .- - - - - -.-.---.----

12/13/2011 US Postal Service 301 N Gum St Bulk mail permit $190.00 Summewille, SC 29483

:.OOV - SC State Ethics Commission: Public Disclosure and Accou..,

US Postal Service 301 N Gum St Summerville, SC 29483

*** No Loans Reported. ***

*** No Loan Repayments Reported. ***

*** No Disposition of Assets Reported. ***

po box

Total

DORCHESTER COUNTY REPUBLICAN PARTY

CANDIDATE PACKET CHECKLIST CERTIFIED COPY 2012 JUL -9 Pt l 1 ~ 5 0

Name as it will appear on the ballot: Sean Bennett CLERK OF CmT

~(IRCHESTER COUNTY Candidate for office of State Senator

Paid DCRP Membership L/; N

Filing Fee Amount $ 4u - Make checks payable t o DCRP

Paid Date / /2012

r/ /'

Statement of Intention of Candidacy (SIC) and Pledge

Statement of Economic Interests (SEI) - proof of online filing

Candidate Support Committee Declaration Statement 6- Affidavit - (Requirements for Coroner and Sheriff)

/ Campaign Disriosure - Not required a t time of filing

file online within 10 days of raising or spending $500, copy t o office

STATEMENT: I hereby acknowledge that I have received al l of the forms and information needed t o file for the above office and state that I have accurately and honestly completed the documents.

Candidate Date 7 / ..a9 12012

Received by Date 3 / 12012