Alan Ali can’t run for Charleston County sheriff as a Democrat, judge rules

CHARLESTON COUNTY, S.C. (WCBD)- Kristin Graziano will officially be the only name on the Democratic primary ballot for Charleston County sheriff in June.

Judge George McFaddin, Jr. denied challenger Lt. Alan Ali’s appeal to appear on the primary ballot Tuesday, just days before overseas and military ballots are set to be finalized and sent out.

“SCPD followed their own rules and procedures in declining to certify Plaintiff for participation in their primary — as was their constitutional right,” the judge wrote in an April 23 order.

The longtime CCSO employee sued the South Carolina Democratic Party earlier this month over a decision not to certify him for the ballot.

The party sought to keep Ali off the ballot citing concerns over his “allegiance” to its values, an issue that arose during an April 4 meeting held in response to a challenge of Ali’s residency.

“During that hearing, Plaintiff admitted that he had discussed with others that he planned to run for Dorchester County Sheriff as a Republican and had even met with Republicans in Dorchester County about running for Sheriff there,” a legal brief filed by Democrats stated. “This was a shocking admission in front of the most loyal and die-hard Democrats in the State.”

After that meeting, SCDP’s Executive Council voted unanimously not to recommend Ali for certification. SCDP Chair Christale Spain then declined to certify him using Party Rule 11 as justification.

The rule states that the chair can decide not to certify a candidate who, in part, “has demonstrated intent to mislead voters and party officials regarding that candidate’s support and allegiance to the Democratic Party and the Party’s values.”

In the lawsuit filed on April 12, Ali’s attorney, Mark Peper, called the rule “completely vague” and entirely subjective” and claimed leadership was using it in an “arbitrary manner.”

“As such, the SCDP’s refusal to certify Plaintiff Ali as a candidate on or before 12:00pm on
April 5, 2024 based solely on this party rule constituted a clear violation of Plaintiff Ali’s
right to due process and equal protection,” the lawsuit stated.

Judge McFaddin stated in his order that political parties have the “right to decide whether or not to certify a candidate for their primary pursuant to their Party Rules” under South Carolina law.

“The statute recognizes SCDP’s right (and every other political party’s First Amendment association right) to make its own rules and determine who will appear as a candidate on its primary ballot as allowed by law,” the order continued. “The statute is purposefully silent on how Party certification is to occur – that is exclusively and rightfully the province of the respective Party.”

He further contended that the party’s decision was not “completely arbitrary” as alleged and that the party rule “does not implicate any alleged constitutional rights of [Ali] nor give rise to any alleged constitutional violations.”

Spain again defended the party’s certification process as “transparent and fair” in a statement Tuesday.

“Today’s ruling affirms the Party’s right to determine who can access our primary ballot,” she said. “We will continue to ensure candidates for the Democratic nomination are not attempting to mislead Democratic primary voters by actively exploring running for office under the banner of another political party.”

While Ali cannot run as a Democrat in the upcoming election, there are other avenues he can take to get on the ballot in November — appearing as a petition candidate or mounting a write-in campaign.

Judge McFaddin said that Ali could also seek another party’s nomination, but the deadline to do so has passed.

Ali said in a statement that he was “disappointed” in the judge’s decision that “says the Democratic Party can do whatever they want, whenever they want, to protect party incumbents and prevent the voters from having a choice at the ballot.”

He did not indicate whether he would explore another option to access the November ballot.

“I have no problem with the party having their own rules, but they should be required to apply them equally to everyone,” the statement reads in part. “The fight to give voters the ability to choose their next Sheriff is not over. I believe in our Constitution, and I’m not laying down.”

This story is developing and may be updated.