SC Prog Blog

Earlier today, our campaign filed a protest of last Tuesday’s election results with the South Carolina Democratic Party.

We have filed this protest not for my personal or political gain, but on behalf of the people of South Carolina.

There is a cloud over Tuesday’s election. There is a cloud over South Carolina, that affects all of our people, Democrats and Republicans, white and African-American alike.

At this point, the people of our state do not have the basic confidence that their vote will be counted.

The strange circumstances surrounding Tuesday’s vote require a thorough investigation. For better or worse, this protest process is the only platform currently available for that investigation.

And let me be clear: regardless of the outcome of this protest, a full and unblinking investigation of this election and the overall integrity of South Carolina’s election system must go forward. Whether our protest is upheld or not, I intend to bring my full energies to electoral reform well into the future.

I want to speak briefly about the bases for our protest.

First is ongoing analyses of the election returns themselves, which indicate irregularities.

Second are the many voters and poll workers who continue to contact us with their stories of extremely unusual incidents while trying to vote and administer this election.

These range from voters who repeatedly pressed the screen for me only to have the other candidate’s name appear, to poll workers who had to change program cards multiple times, to at least one voter in the Republican primary who had the Democratic U.S. Senate race appear on her ballot.

For those who experienced problems voting, I urge you to go to our website, www.vicrawl.com and use the form there to report them. You can also call our Election Integrity Hotline at 843-278-0510.

Third is the well-documented unreliability and unverifiability of the voting machines used in South Carolina.

It is worth noting that these machines were purchased surplus from Louisiana after that state outlawed them.

The full details of our protest will be presented on Thursday.

For the people of South Carolina, getting to the bottom of Tuesday’s results will build confidence, either way.

I also hope that a full and frank discussion of our voting system will result in substantial reform.

At the risk of repetition, this protest is not about me, or my personal political fortunes. Indeed, if the protest is upheld and a new election ordered, I have not decided whether to run in it.

But, either way, I am not done with the issue of fixing our elections.

Lastly, let me make something clear. Like all of you, I am aware of the controversies surrounding Mr. Greene. This protest is not about him either.

I would like to speak directly to Mr. Greene and say: “Sir, this is not about you, and it’s not about me. I wish you and your family nothing but the best in the weeks and months ahead.”

By Hoyt Wheeler

Is South Carolina once again taking up the old Confederate cause by attempting to nullify national laws? Nullification was the theory of South Carolina’s John C. Calhoun that provided philosophical grounds for our state seceding from the United States a century and a half ago.

In the past year or so, we have seen a number of actions in this direction.

Most visibly, Attorney General Henry McMaster’s response to the new federal health law. He proposes taking legal action against the federal government to block the federal law’s application in South Carolina — to nullify it. He describes this as defending “state sovereignty.” Attorney General (and gubernatorial candidate) McMaster has said that although at one time the Soviet Union was the enemy, now “The enemy is Washington, D.C.”

Like the tea party crowd with whom he sympathizes, he is confused about what part of the S.C. heritage he’s following. It is not the “Don’t Tread on Me” flag of the American Revolution that he is waving. It is the stars and bars of the Confederacy.

Then there is the current attempt to forestall proposed federal labor legislation by amending the state’s constitution to mandate that all matters of employee representation (unions) be decided by secret ballot. It is currently federal law that an employer has the right to demand a secret ballot election if a union requests recognition. Pending in Congress is the Employee Free Choice Act, which would require an employer to recognize a union upon being presented with cards signed by a majority of employees. Although this bill has some merit, there is little chance of this particular provision being adopted.

More importantly, whatever the merits of the federal legislation, this is a matter for the national government, not the individual states, to decide. As our state legislators well know, in an area of law such as this, where the national government has lawfully acted, state action is preempted. This amendment to the state constitution would be patently unconstitutional under the U.S. Constitution.

Nowadays in our Legislature, we hear much about support for the 10th Amendment to the U.S. Constitution, which provides simply that matters not delegated to the federal government are left to the states or the people. In principle this is not controversial. However, a number of actions have been taken under its mantle by South Carolina and other states in the past year to assert state power against the federal government.

Our Legislature has adopted a state sovereignty resolution, or 10th Amendment resolution. State Sovereignty bills considered by some states go one step further and declare that the state must take action against federal laws that the state deems to be unconstitutional. The position of our attorney general on the federal health law is in line with these state sovereignty bills.

At a Tea Party rally in Boiling Springs, at which Attorney General McMaster spoke, a pastor from North Carolina described our president as “a proud young man who appears not to have a clue about America’s godly heritage.” A tea party organizer dressed as Tom Paine said: “I’m not calling people to arms, yet. But that may be what it comes down to at the end of 2010.” We have a congressman who shouts at our president, calling him a liar. This is in a national context where a former vice presidential candidate, Sarah Palin, tells a Southern Republican Leadership conference: “Don’t retreat. Reload.”

I, for one, do not see these extreme statements and actions as reflecting the good sense, patriotism and good will of South Carolinians. We can, and should, raise our voices and speak through the ballot to rid ourselves of those extremist public officials who have made themselves a source of embarrassment to our state.

Hoyt Wheeler is a retired university professor and attorney living in West Columbia. His publications include The Future of the American Labor Movement and Workplace Justice Without Unions.