Dan Hiltigen Republican nominee for State Sec

SECTION 7-11-50. Substitution where party nominee dies, becomes disqualified or resigns for legitimate nonpolitical reason.

If a party nominee who was nominated by a method other than party primary election dies, becomes disqualified after his nomination, or resigns his candidacy for a legitimate nonpolitical reason as defined in this section and sufficient time does not remain to hold a convention to fill the vacancy or to nominate a nominee to enter a special election, the respective state or county party executive committee may nominate a nominee for the office, who must be duly certified by the respective county or state chairman.

(a) reasons of health, which include any health condition which, in the written opinion of a medical doctor, would be harmful to the health of the candidate if he continued;

(b) family crises, which include circumstances which would substantially alter the duties and responsibilities of the candidate to the family or to a family business;

(c) substantial business conflict, which includes the policy of an employer prohibiting employees being candidates for public offices and an employment change which would result in the ineligibility of the candidate or which would impair his capability to carry out properly the functions of the office being sought.

A candidate who withdraws based upon a legitimate nonpolitical reason which is not covered by the inclusions in (a), (b) or (c) has the strict burden of proof for his reason. A candidate who wishes to withdraw for a legitimate nonpolitical reason shall submit his reason by sworn affidavit.

This affidavit must be filed with the state party chairman of the nominee's party and also with the election commission of the county if the office concerned is countywide or less including members of the General Assembly and with the State Election Commission if the office is statewide. No substitution of candidates is authorized, except for death or disqualification, unless the election commission to which the affidavit is submitted approves the affidavit as constituting a legitimate nonpolitical reason for the candidate's resignation within ten days of the date the affidavit is submitted to the commission. However, where this party nominee is unopposed each political party registered with the State Election Commission has the privilege of nominating a candidate for the office involved. If the nomination is certified two weeks or more before the date of the general election, that office is to be filled at the general election. If the nomination is certified less than two weeks before the date of the general election, that office must not be filled at the general election but must be filled in a special election to be held on the second Tuesday in the month following the election, provided that the date of the special election to be conducted after the general election may be combined with other necessary elections scheduled to occur within a twenty-eight day period in the manner authorized by Section 7-13-190(D).

SECTION 7-11-55. Substitution of candidates where nominee selected by primary election.

If a party nominee dies, becomes disqualified after his nomination, or resigns his candidacy for a legitimate nonpolitical reason as defined in Section 7-11-50 and was selected through a party primary election, the vacancy must be filled in a special primary election to be conducted as provided in this section. The filing period for this special primary election opens the second Tuesday after the death, disqualification, or approval of the resignation for one week. The special primary election then must be conducted on the second Tuesday immediately following the close of the filing period. A runoff, if necessary, must be held two weeks after the first primary. The nomination must be certified not less than two weeks before the date of the general election. If the nomination is certified two weeks or more before the date of the general election, that office is to be filled at the general election.

If the nomination is certified less than two weeks before the date of the general election, that office must not be filled at the general election but must be filled in a special election to be held on the second Tuesday in the month following the election, provided that the date of the special election to be conducted after the general election may be combined with other necessary elections scheduled to occur within a twenty-eight day period in the manner authorized by Section 7-13-190(D).

The procedures for resigning a candidacy under this section for legitimate nonpolitical reasons are the same as provided in Section 7-11-50.

Where the party nominee was unopposed, each political party registered with the State Election Commission has the privilege of nominating a candidate for the office involved through a special primary election in the same manner and under the same procedures stipulated by this section.

Dan Hiltgen Republican nominee for State Sec. of Education is being talked about among some GOP leaders. There seems to be a move a foot to replace Hiltgen on the ticket with Libertarian party candidate Marva Yvonne Manigault.

We don't know if anyone has actually talked with Hiltgen about it. Some of the GOP elite believe it would be better to have a black woman on the state wide ticket of the Republican party. There is no word yet if this would be allowed under state law. Although some leaders in the party are looking into it.

We would be interested in hearing your comments on this issue. admin@schotline.com

Here is a smattering of the comments we got. We are surprised at all the comments we got.

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Unless I am mistaken, state law allows substitution on the ballot
once filing has closed only on death or disability of a candidate. Simply
finding a better candidate is not an option. Unless one of those factors is
present, the party ends up without a candidate.

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"Having a black woman on the state wide ticket" does not matter to me in the
least, but after reviewing Hiltgen's website I really must question what Dr.
Hiltgen stands for. After reading how he sings praise for Pres. Bush's
education platform, I beg to ask Dr. Hiltgen; "Which 'Bush Education
Platform' does he subscribe to? His 2000 campaign platform when Bush
advocated tuition vouchers? Or the actual Bush/Kennedy Education Bill that
he signed into law that made no mention of vouchers at all?"

It seams that lately, Republicans like to run on libertarian platforms of
smaller government and local control, but once elected, they start voting
like Democrats for bigger government and more centralized control.

Most of the Libertarians I know used to be Republicans... but that was
before the GOP started embracing liberal Democrat policies of bigger gov't
and more centralized planning. I remember back when the GOP actually wanted
to ABOLISH the Fed Dept of Education and uphold the 10th Amendment!

As far as the GOP recruiting Dr. Manigault, I know of several Libertarian
Republicans that currently hold elected office, Rep. Ron Paul in the U.S.
Congress, for example... and several state senators in our own SC state
legislature.

I think Dr. Manigault would make a fine addition to the GOP team... and NOT
because of her color! If that is truly the only reason that GOP leadership
is even discussing her recruitment, I find the thought insulting.

Joe Lolli
Edisto Island, SC
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I worked along side Dr. Dan Hiltgen in his recent campaign for US House of
Representative. I worked as a campaign volunteer going door to door and
sending out flyers. I know Dr. Hiltgen is not a typical candidate for any
office. He is not a politician and therefore his demeanor and actions are in
no way politically driven. He honestly is fighting to make things better. He
is an extremely intelligent individual and he is knowledgeable on all
current events.

I do not know if he is qualified for the position of State Superintendent,
but who really is qualified. Does South Carolina need a politician to run a
public school system. Or should we seek the advice of a man who is a
professor at a distinguished private liberal arts college. I am not sure
who should be elected, but I know if Dan Hiltgen is elected his concerns and
the issues that he fights for will be to help the state.

He is not out for political gain nor to make himself known to the State in
hopes of running for a different office. He just wants to make a change,
and he is willing to help his state out in any role he can fill.

Sincerely,

Brad Ridlehoover

PS Well you ask for opinions and that is what I think.

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Some people think they own the GOP and can circumvent the laws governing the electoral process. Dan is running because he was asked to run and because no one else would do it. I am all for blacks and minorities on the ticket but what ever happened to planning ahead? Let's support the Minority Development Committee. (Here is a novel idea: Let's actually invite an Hispanic to a Republican meeting some day.) If someone wants to vote for a Libertarian then join the Libertarian party. If in fact this party chooses not to support loyal party members such as Dan then maybe "certain GOP leaders" should become Libertarian "elite". If we truly wish to embrace minorities in this party then we should create committees that actually address all minorities: blacks, Hispanics, Asians, native Americans, etc and actually build a grass roots organization. This idea makes as much sense as asking Mark to step aside for Kevin Gray.

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I am very concerned to learn that Dr. Dan Hiltgen (our official Republican nominee) is being considered by some in the Republican party not to be a legitimate candidate for Secretary of Education. Hiltgen was willing to make himself a candidate for Secretary of Education at the very last minute before the filing deadline when no one including (Ms. Manigalt) was willing to run for Secretary of Education as a Republican against a Democratic incumbent. I feel our state party needs to show true leadership by not only recognizing Dr. Hiltgen as our one and only Republican nominee for Secretary of Education but also actively campaigning for him to unseat Inez Tenenbaum. As far as I'm concerned Dr. Hiltgen is the Republican nominee and I plan to attend his victory party in November!

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If Marva switches parties, it is REQUIRED under new SC election laws that the Libertarians must sue her. If the Republicans supported her and got her elected, she could then switch parties, without the legal mess.

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I was part of the team that brought Dr. Dan Hiltgen into the fold.....this was well publicized.....no one has contacted me nor anyone else on the recruiting team....all this talk seems to be nonsense.....the "GOP elite" that are mentioned in the news item needs to make themselves known.....please call Rick Beltram at 864-969-9601.

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As I understand the facts, Dr. Manigault is the best qualified candidate
(doctorate in education from USC; experience in public education) who has a
chance to defeat Ms. Tennenbaum. She would appeal to some of the Democratic
Party's base (black voters) and would be an effective advocate for school
choice. Therefore, if Mr. Hiltgen has a legitimate nonpolitical reason to
do so, he should resign his candidacy and Dr. Manigault should be chosen as
the Republican party nominee.

Candidate substitution is not limited to death or disability: A party
nominee can resign for "reasons of health," "family crises," or "substantial
business conflict" and another candidate substituted. See S.C. Code Ann.
7-11-50; 7-11-55.

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Considering that the "elite" state GOP leaders (Katon Dawson and Cyndi Mosteller to name a few) recruited Dr. Hiltgen to run for this office, I find this rumor to be in bad taste and is probably false. To elect somebody based on color is a joke. You should elect somebody based on his credentials. Dr. Hiltgen is more than qualified for this position.

Dr. Hiltgen has been very active in his campaign. He has been criss-crossing the state, attending all the events he possible can to get his name out there. He is also meeting with parents and educators all across the state to hear their concerns. This is important because every school is different.

He has a passion for education! Since there are 74 schools across the state that are classified as failing and we are 50th in the nation in SAT scores, we can not afford another 4 more years of Inez. We need somebody who will take an active approach to fixing South Carolina schools. Dr. Hiltgen is that man!

Dr. Hiltgen has 5 degrees. He volunteers at local schools. He has been involved in public outreach programs. He has 15 years of educational experience. If this does not make him