Key v. Board of Voter Registration of Charleston County
Key v. Board of Voter Registration of Charleston County
Opinion of the Court
The plaintiff/appellant complains that he was illegally denied the right to vote in the June 13, 1978 primary election in Charleston County, South Carolina. He sought both damages and injunctive and declaratory relief. Following discovery the defendants, members of the Board of Registration of Charleston County, moved for summary judgment. The motion was granted and the complaint was dismissed. The plaintiff has appealed. We affirm.
We begin with a brief summary of pertinent South Carolina election law. Each County in the State has a Board of Registration.
The plaintiff, while living in Charleston Voting Precinct # 4, was duly registered as an elector at the precinct on January 8, 1974. At some time in 1975 or 1976 he moved to North Charleston and became a resident of North Charleston Precinct # 9. It was not until June 5, 1978, just eight days before the June primary election, that he notified the Board of Registration of his change of address and surrendered his certificate of registration in Precinct # 4, requesting a new certificate of registration as an elector of Precinct # 9. The Board refused to issue a certificate permitting the
The statutory requirement that, as a qualification of voting in any election, one must be duly registered on the books of registration of a State at least thirty days before that election has been held perfectly valid and constitutional. Marston v. Lewis, 410 U.S. 679, 93 S.Ct. 1211, 35 L.Ed.2d 627 (1973); Burns v. Fortson, 410 U.S. 686, 93 S.Ct. 1209, 35 L.Ed.2d 633 (1973); Dunn v. Blumstein, 405 U.S. 330, 92 S.Ct. 995, 31 L.Ed.2d 234 (1972). As the Court said in Marston, “. . .a person does not have a federal constitutional right to walk up to a voting place on election day and demand a ballot. States have valid and sufficient interests in providing for some period of time — prior to an election — in order to prepare adequate voter records and protect its electoral processes from possible frauds.” (Emphasis in text) 410 U.S. at 680, 93 S.Ct. at 1212. There is nothing racially discriminatory in the requirement. It follows that, by refusing on June 5, 1978, to register the plaintiff as a qualified elector entitled to vote in the approaching June, 1978, primary election in North Charleston Precinct # 9, the defendants violated no federal constitutional right of the plaintiff and the district court correctly so held.
Finding no error in the judgment of the district court, we dispense with oral argument, and grant the motion of the appellees for summary affirmance.
AFFIRMED.
. § 7- -5-10, Code of Laws of South Carolina (1976).
. § 7-7-10, ibid.
. § 7-5-170, ibid.
. § 7-5-200, ibid.
. § 7-7-940, Code of Laws of South Carolina (1976).
. § 7-5-440, ibid.
. § 7-5-150, ibid.
Reference
- Full Case Name
- Willie A. KEY v. BOARD OF VOTER REGISTRATION OF CHARLESTON COUNTY, Gertrude D. Brown, Edwin Guenther, Chairman, Helen L. Hutchinson, Inez Simpson and The State of South Carolina, Governor James B. Edwards
- Cited By
- 2 cases
- Status
- Published