What Happened to Bennett's SEI?

There are no excuses in the affidavit reporting that S.C. Senate District 38 GOP nominee Sean Bennett's Statement of Economic Interest is missing — only a sticky note attached to a substitute report saying "Downloaded 6/13/12."

The evidence was filed with the court Tuesday in a lawsuit claiming that Dorchester County's Republican non-incumbent candidates did not file in accordance with S.C. election law — like the nearly 250 candidates across the state that were decertified for not filing properly. The suit was brought by the county Democratic Party, which faces a tough November election battle for S.C. House District 97, which could swing red. 

According to the law, which was upheld by two S.C. Supreme Court rulings, non-incumbent candidates must file their Statements of Intention of Candidacy with their Statements of Economic Interest from the preceding year at the time of their filings. Failure to hand in the hard copy of a printed SEI means decertification of the candidate.

Tuesday, an affidavit was filed by county GOP election officer Tony Piscatella, who testifies that the SEI was present at time of filing March 20 but he discovered it missing on June 13. 

Piscatella said that on June 13, at GOP Chair Carroll Duncan's urging to verify Bennett had his SEI properly filed, he reviewed the filings only to find Bennett's SEI and initial campaign disclosures were missing. 

Neither Piscatella's affidavit or Duncan's affidavit give a reason as to why the SEI is not present. Bennett has said he filed correctly and it was given at the time of his filing. 

Bennett's lawyer Robby Robbins reiterated Bennett's statement, but added the files were intact May 2 and June 5, after the two S.C. Supreme Court rulings upholding the law.

"All the files were intact. Everybody was certified for the election," Robbins said. 

It wasn't until after the election, when incumbent Republican Sen. Mike Rose lost by wide margins, that the SEI was discovered to be missing, Robbins said.
 
"I knew nothing of it and neither did Sean (Bennett)," Robbins said. "It is my understanding that the office has a code that is known by multiple people to get in to these files apparently. At least according to (Piscatella's) affidavit, it doesn't look like they were locked down anywhere."
 
Patch has asked Summerville Police if any incidents, such as a break-in, were reported from March 20, the date of Bennett's filing, until present at the GOP headquarters on Trolley Road. However, none were found. 

"My client filed properly, he filed according to the law," Robbins said. "I am confident when the court hears this evidence that we are going to prevail."