Only one thing is keeping me from hauling Holmes and McKie into court. Money. An attorney asked for a $10,000 retainer and told me I'd need more very soon after that. Are there 1,000 people willing to contribute $25 to seek removal of Holmes and McKie from the school board before the November election? Email your $25 Pledge to gusphilpott@gmail.com Don't send money yet; just your pledge.
S.C. Code of Laws §15-63-60 explains how to remove a person who is illegitimately in office.
SECTION 15-63-60. Action against usurpers, for forfeiture of office or against persons acting as corporation.
An action may be brought by the Attorney General in the name of the State upon his own information or upon the complaint of any private party or by a private party interested on leave granted by a circuit judge against the parties offending in the following cases:
(1) When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this State or any office in a corporation, created by the authority of this State;
An action may be brought by the Attorney General in the name of the State upon his own information or upon the complaint of any private party or by a private party interested on leave granted by a circuit judge against the parties offending in the following cases:
(1) When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this State or any office in a corporation, created by the authority of this State;
I was unsuccessful in persuading the Office of the S.C. Attorney General to take up my case. I was told they didn't think that they could prove that Holmes and McKie intended to break the law by taking the oath three weeks before they were eligible to take it.
My argument that "intent" is not stated in the law wasn't good enough.
(Next time you get stopped by a cop for speeding, tell him that he can't write you a ticket because he won't be able to prove that you intended to speed.)
The next option is this one:
SECTION 15-63-60. Action against usurpers, for forfeiture of office or against persons acting as corporation.
An action may be brought by the Attorney General in the name of the State upon his own information or upon the complaint of any private party or by a private party interested on leave granted by a circuit judge against the parties offending in the following cases:
(1) When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this State or any office in a corporation, created by the authority of this State;
If a circuit judge told me to go for it, then, as I understand it, I could file in the S.C. Supreme Court and that Court would hear the case in a matter of days, just as it did Richland 2's Proviso case. Usurping public office is, I believe, a pretty serious matter in the eyes of the S.C. Supreme Court. I wouldn't have to go to the back of the line and wait seven years.
Will you pledge $25.00? If 1,000 people pledge $25.00 quickly, I'll seek "leave by a circuit judge" next week. Maybe by March 1st, Holmes and McKie will be gone.
If S.188 passes the S.C. Senate.. the House and the Governor, McKie won't be able to run in November. Let's not wait.
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