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A rejected candidate for Charleston County sheriff has sued the South Carolina Democratic Party, accusing it of unconstitutionally keeping him off the upcoming primary ballot with a rule that his attorneys called "completely vague" and "entirely subjective."

Alan Ali, a former Charleston County sheriff's lieutenant, filed the lawsuit on April 12, a week after state Democratic Party officials refused to certify him as a candidate for the party's June 11 primary.

The legal challenge amounts to a last-ditch effort by Ali to challenge Charleston County's Democratic sheriff for the party's nomination, asking the county Circuit Court to certify his candidacy and with haste.

Election officials must finalize the ballots for military and overseas voters by April 26.

A judge could ultimately determine whether incumbent Sheriff Kristin Graziano will face a primary challenger. If the court upholds the party's decision, it would effectively clear the Democratic field for Graziano's reelection campaign in the primary.

The court's decision would have immediate political ramifications.

Rather than focusing on a primary challenger in June, Graziano could instead focus her efforts on fundraising, outreach and messaging for a general election where she is expected to face a fierce challenge. Four Republicans have already lined up to run against her.

Ali, a first-time candidate who was the only declared Democratic challenger running against Graziano, is being represented by Charleston attorney Mark Peper's law firm.

The 62-page lawsuit claims a rule adopted by the S.C. Democratic Party violated Ali's constitutional rights, and argues that party officials were playing political favorites and trying to protect incumbents when certifying candidates.

The suit opens by invoking the words of Coretta Scott King, an icon of the civil rights movement and the wife of Martin Luther King Jr.

"Freedom and justice cannot be parceled out in pieces to suit political convenience," she said. "You cant stand for freedom for one group of people and deny it to others."

S.C. Democratic Party Rule 11, which was adopted in 2022, is at the center of the legal challenge.

Under party rules, any South Carolina Democrat can challenge a candidate's qualifications.

Ali's qualifications were challenged on April 3. In a hearing the next day, he was questioned about being a Dorchester County resident, a longtime Republican voter and a possible contender for this year's Republican nomination for Dorchester County sheriff.

The party's executive council unanimously voted against certifying Ali's ballot application. And at their recommendation, S.C. Democratic Party Chair Christale Spain made the decision not to certify Ali as a candidate.

Spain said she rejected Ali's ballot certification on April 5 because of questions about his loyalty to the Democratic Party.

In an interview with The Post and Courier, Spain called Ali a "Republican." She cited his voting history and his previous flirtation with running for Dorchester County sheriff as a Republican.

Ali described himself to reporters on April 9 as a "moderate."

In a letter explaining her decision, Spain cited Rule 11, saying there was "a question about his support and allegiance to the Democratic Party and the Partys values."

The rule says that the state party chair, in consultation with the party's executive committee, has the right to not certify a candidate if they "demonstrated intent to mislead voters and party officials regarding that candidates support and allegiance to the Democratic Party and the Partys values."

Ali's attorneys questioned its legality. They cited two recent candidates who have previously run in past Republican primaries but were certified by the S.C. Democratic Party as evidence that the party is following this rule at its own discretion.

Ali's attorneys argued the rule is "completely vague, entirely subjective, and serves as nothing more than a 'catch all' provision to be used at the sole discretion and convenience of the SCDP."

They also note that the rules do not clearly define what constitutes the "partys values" nor provide a clear and concise example of how a candidate can prove their "support and allegiance to the Democratic Party."

Ali's attorneys have asked for a speedy hearing on the matter. As of the afternoon of April 12, no hearing date has been set, according to court records.

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Rejected CHS Sheriff candidate Alan Ali sues SC Democrats | Palmetto Politics - The Post and Courier

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