After a loss at the polls on primary day last week, the now former Democrat Eugene Platt has been in serious talks about running as a candidate for the Green Party in the S.C. House District 115 race. But state law could prevent him from getting on the ballot.

Considering the closeness of Platt’s run as the Democratic candidate in 2006 (losing by a scant 40 votes to Republican Wallace Scarborough), its not surprising that the Democratic Party is concerned about Platt spoiling the vote in a election year where people are even more keyed up about voting out the status quo.

The state law says that if a candidate who lost in the primary attempts to be placed on the general election ballot, the county party chair can seek through the courts to enjoin him/her from being included on the ballot.

The gray area is the term “thereafter” in the law. Since Platt secured the Green Party nomination prior to the Dem primary, he could argue that this electoral double jeopardy doesn’t apply in his case.

But (and this is a BIG BUT), one could easily see the court weighing the intent of the law, which seems to be to prevent any losing primary candidate (regardless of the time and place of a second endorsement) from being on the general election ballot.