Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-46.
(A) In every general election year the
county board of registration and elections shall:
(1)
designate a specified place, other than a private
residence, where a person may file as a candidate;
(2)
establish regular hours of not less than four hours a day
during the final seventy-two hours of the filing period in which
some person authorized by law must be present at the designated
place to accept filings; and
(3)
place an advertisement to appear two weeks before the
filing period begins in a newspaper of general circulation in
the county at least five by seven inches in size that notifies
the public of the dates of the filing periods, the location and
hours for signing the statement of intention of candidacy and
the notice of candidacy and pledge set by the party executive
committees, the offices which may be filed for, the place and
street address where filings must be turned in to the county
board of registration and elections, and the hours that an
authorized person will be present to receive filings, paid for
at the rates prescribed by law for legal notices.
(B) In every general
election year the county party chairman shall:
(1)
designate a specified place, other than a private
residence, where a person may have the statement of intention of
candidacy and notice of candidacy and pledge signed by an
appropriate party official;
(2)
establish regular hours of not less than four hours a day
during the final seventy-two hours of the filing period in which
an officer of the party must be present at the designated place
to sign the statements of candidacy and the notices of candidacy
and pledge; and
(3)
inform the county board of registration and elections of
the locations and hours where they will make available the
statement of intention of candidacy and notice of candidacy and
pledge for acknowledgement for publication."
SECTION 2. Article 1, Chapter 27, Title 7 of the 1976 Code is amended by adding:
"Section 7-27-140. Notwithstanding another provision of law, individual counties may, by ordinance, alter the number of members serving on their board of registration and elections."
SECTION 3. Article 11, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1115.
(A) All candidates for public office,
must file a statement of economic interests online with the
State Ethics Commission no later than April fifteenth of each
election year, or fifteen days after becoming a candidate,
whichever comes last.
(B) An individual, who
becomes a candidate other than by filing, must file a statement
of economic interests online with the State Ethics Commission no
later than April fifteenth of each election year, or fifteen
days after becoming a candidate, whichever comes last."
SECTION 4. Section 7-11-10 of the 1976 Code, as last amended by Act 419 of 1982, is further amended to read:
"Section 7-11-10.
Nominations for candidates for the offices to be voted on
in a general or special election may be by political party
primary, by political party convention, or by petition;
provided however, no
a person who was defeated as a candidate for nomination
to an office in a party primary or party convention shall
not have his name placed on the ballot for the ensuing
general or special election, except that this proviso shall not
prevent a defeated candidate from later becoming his party's
nominee for that office in that election if the candidate first
selected as the party's nominee dies, resigns, is disqualified,
or otherwise ceases to become the party's nominee for
such that office before the election is
held."
SECTION 5. Section 7-11-15 of the 1976 Code, as last amended by Act 3 of 2003, is further amended to read:
"Section 7-11-15.
In order to qualify as a candidate to run in the
general election, all candidates seeking nomination by political
party primary or political party convention must file a
statement of intention of candidacy between noon on March
sixteenth and noon on March thirtieth as provided in this
section.
(1)
Candidates seeking nomination for a statewide,
congressional, or district office that includes more than one
county must file their statements of intention of candidacy with
the state executive committee of their respective party.
(2)
Candidates seeking nomination for the State Senate
or House of Representatives must file their statements of
intention of candidacy with the county executive committee of
their respective party in the county of their residence. The
county committees must, within five days of the receipt of the
statements, transmit the statements along with the applicable
filing fees to the respective state executive committees.
However, the county committees must report all filings to the
state committees no later than five p.m. on March thirtieth.
The state executive committees must certify candidates pursuant
to Section 7-13-40.
(3)
Candidates seeking nomination for a countywide or
less than countywide office shall file their statements of
intention of candidacy with the county executive committee of
their respective party.
Except as provided herein,
the county executive committee of any political party with whom
statements of intention of candidacy are filed must file, in
turn, all statements of intention of candidacy with the county
election commission by noon on the tenth day following the
deadline for filing statements by candidates. If the tenth day
falls on Saturday, Sunday, or a legal holiday, the statements
must be filed by noon the following day. The state executive
committee of any political party with whom statements of
intention of candidacy are filed must file, in turn, all the
statements of intention of candidacy with the State Election
Commission by noon on the tenth day following the deadline for
filing statements by candidates. If the tenth day falls on
Saturday, Sunday, or a legal holiday, the statements must be
filed by noon the following day. No candidate's name may appear
on a primary election ballot, convention slate of candidates,
general election ballot, or special election ballot, except as
otherwise provided by law, if (1) the candidate's statement of
intention of candidacy has not been filed with the County
Election Commission or State Election Commission, as the case
may be, by the deadline and (2) the candidate has not been
certified by the appropriate political party as required by
Sections 7-13-40 and 7-13-350, as applicable. The candidate's
name must appear if the candidate produces the signed and dated
copy of his timely filed statement of intention of candidacy.
The statement of intention
of candidacy required in this section and in Section 7-13-190(B)
must be on a form designed and provided by the State Election
Commission. This form, in addition to all other information,
must contain an affirmation that the candidate meets, or will
meet by the time of the general election, or as otherwise
required by law, the qualifications for the office sought. It
must be filed in triplicate by the candidate, and the political
party committee with whom it is filed must stamp it with the
date and time received, sign it, keep one copy, return one copy
to the candidate, and send one copy to either the county
election commission or the State Election Commission, as the
case may be.
If, after the closing of
the time for filing statements of intention of candidacy, there
are not more than two candidates for any one office and one or
more of the candidates dies, or withdraws, the state or county
committee, as the case may be, if the nomination is by political
party primary or political party convention only may, in its
discretion, afford opportunity for the entry of other candidates
for the office involved; however, for the office of State House
of Representatives or State Senator, the discretion must be
exercised by the state committee.
The provisions of this
section do not apply to nonpartisan school trustee elections in
any school district where local law provisions provide for other
dates and procedures for filing statements of candidacy or
petitions, and to the extent the provisions of this section and
the local law provisions conflict, the local law provisions
control. (A) In order to
qualify as a candidate to run in the general election, all
candidates seeking nomination by political party primary or
convention must file for office between noon on March sixteenth
and noon on March thirtieth as provided in this section.
(B)
Candidates seeking nomination for a statewide,
congressional, or district office that includes more than one
county must:
(1)
complete the statement of intention of candidacy
and the notice of candidacy and pledge received from the state
party executive committee;
(2)
obtain the signature of the appropriate state
party official on the statement of intention of candidacy and on
the notice of candidacy and pledge;
(3)
surrender the signed notice of candidacy and
pledge to the appropriate state party official;
(4)
obtain the signature of the appropriate South
Carolina Election Commission official on the statement of
intention of candidacy; and
(5)
file the signed statement of intention of
candidacy with the South Carolina Election Commission along with
the filing fee for office as prescribed by this section.
(C)
Candidates seeking nomination for the State Senate or
House of Representatives must:
(1)
complete the statement of intention of candidacy
and the notice of candidacy and pledge received from the county
party executive committee in the county in which they
reside;
(2)
obtain the signature of the appropriate county
party official on the statement of intention of candidacy and on
the notice of candidacy and pledge;
(3)
surrender the signed notice of candidacy and
pledge to the appropriate county party official;
(4)
obtain the signature of the appropriate county
board of registration and elections official in the county in
which the candidate resides on the statement of intention of
candidacy; and
(5)
file the signed of statement intention of
candidacy with the county board of registration and elections in
the county in which the candidate resides, along with the filing
fee for office pursuant to this section.
(D)
Candidates seeking nomination for a countywide or less
than countywide office must:
(1)
complete the statement of intention of candidacy
and the notice of candidacy and pledge received from the county
party executive committee;
(2)
obtain the signature of the appropriate county
party official on the statement of intention of candidacy and on
the notice of candidacy and pledge;
(3)
surrender the signed notice of candidacy and
pledge to the appropriate county party official;
(4)
obtain the signature of the appropriate county
board of registration and elections official in the county on
the statement of intention of candidacy; and
(5)
file the signed statement of intention of
candidacy with the county board of registration and elections,
along with the filing fee for office pursuant to this
section.
(E) The
county board of registration and elections, within five days of
the receipt of the statements, must transmit the statements
along with the applicable filing fees to the South Carolina
Election Commission.
(F) The
county board of registration and elections or the South Carolina
Election Commission, where appropriate, must report all
candidate statements to the state executive committees no later
than five o'clock p.m. on March thirtieth.
(G) No
candidate's name may appear on a primary election ballot,
general election ballot, or special election ballot, except as
otherwise provided by law, if the candidate's statement of
intention of candidacy and filing fee has not been filed with
the county board of registration and elections or State Election
Commission, as the case may be, by the deadline. The
candidate's name must appear if the candidate produces the
signed and dated copy of his timely filed statement of intention
of candidacy.
(H)
Copies of the filing documents showing the time and
date filed, the candidates signature, and the signature of
acknowledging party official and election official must be made
available to the public, upon request, no later than the next
business day following the last day on which the county board of
registration and elections or State Election Commission may
receive notice of candidacy.
(I) The
filing fee for each office is one percent of the total salary
for the term of that office or one hundred dollars, whichever
amount is greater.
(J) The
statement of intention of candidacy required in this section and
in Section 7-13-190(B) must be on a form designed and provided
by the State Election Commission. This form, in addition to all
other information, must contain an affirmation that the
candidate meets, or will meet by the time of the general
election, or as otherwise required by law, the qualifications
for the office sought. The form must be obtained from the
county executive committee of a political party and must be
filed in duplicate by the candidate. The form must be obtained
from the designated official of the county executive committee
who will verify the signature of the candidate and affix his own
signature, accepting this candidate for nomination by the party.
The political party committee with which it is filed must stamp
it with the date and time received, sign it, keep one copy, and
return one copy to the candidate, who will then take his form,
and other filing documents to his respective election
commission.
(K) If,
after the closing of the time for filing statements of intention
of candidacy, there are not more than two candidates for any one
office and one or more of the candidates dies, or withdraws, the
state or county committee, as the case may be, only in its
discretion if the nomination is by political party primary, may
afford opportunity for the entry of other candidates for the
office involved. However, for the office of State House of
Representatives or State Senator, the discretion must be
exercised by the state committee.
(L) The
provisions of this section do not apply to nonpartisan school
trustee elections in a school district where local law provides
for other dates and procedures for filing statements of
candidacy or petitions, and to the extent the provisions of this
section and the local law provisions conflict, the local
provisions control."
SECTION 6. Section 7-11-30 of the 1976 Code, as last amended by Act 403 of 1984, is further amended to read:
"Section 7-11-30.
If a party nominates candidates by conventions, the state
convention shall nominate the party's candidate for Governor,
Lieutenant Governor, and all other statewide officers and United
States Senators, members of Congress, and circuit solicitors,
and the county conventions shall nominate the party's candidates
for all county offices. NoA convention
shall not make nominations for candidates for offices
unless the decision to use the convention method is reached by a
three-fourths vote of the total membership of the
convention, except the office of state Senator and of
member of the House of Representatives. The nomination of the
party's candidates for the office of the state Senator and of
member of the House of Representatives must be made in the
manner determined by the state committee. If a party
determines that nomination for the office of state Senator and
of member of the House of Representatives must be by convention,
these nominations must be made by the state convention.
NoA convention shall not make
nominations for one or more offices at the convention and order
primaries for other offices to be filled during the same
election year. Conventions for political parties not nominating
candidates in primaries may be called by state and county
committees on other dates than those given in this title for
conventions after three weeks' published notices of the calls.
AnyA political party nominating
candidates by party convention shall nominate the party
candidates and make the nominations public not later than the
time for certifying candidates to the authority charged by law
with preparing ballots for the general or special
election."
SECTION 7. Section 7-11-210 of the 1976 Code, as last amended by Act 236 of 2000, is further amended to read:
"Section 7-11-210.
Every candidate for selection as a nominee of
anya political party for
anya state office, United States
Senator, member of Congress, or solicitor, to be voted for in
anya party primary election or political
party convention, shall file with and place in the possession of
the treasurer of the state committee of
their respective party from which they receive their statement
of intention of candidacy by twelve o'clock noon on March
thirtieth a notice or pledge in the following form, the blanks
being properly filled in and the notice or pledge signed by the
candidate and by the appropriate filing official: "I
hereby file my notice as a candidate for the nomination as
__________ in the primary election or convention to be held on
__________. I affiliate with the __________ Party, and I hereby
pledge myself to abide by the results of the primary or
convention. I shall not authorize my name to be placed on the
general election ballot by petition and will not offer or
campaign as a write-in candidate for this office or any other
office for which the party has a nominee. I authorize the
issuance of an injunction upon ex parte application by the party
chairman, as provided by law, should I violate this pledge by
offering or campaigning in the ensuing general election for
election to this office or any other office for which a nominee
has been elected in the party primary election, unless the
nominee for the office has become deceased or otherwise
disqualified for election in the ensuing general election. I
hereby affirm that I meet, or will meet by the time of the
general or special election, or as otherwise required by law,
the qualifications for this office".
Every candidate for selection in a primary
election as the nominee of anya
political party for member of the Senate, member of the House of
Representatives, and all county and township offices shall file
with and place in the possession of the county chairman
or other officer as may be named by the county committee of the
county in which they reside committee of their
respective party from which they receive their statement of
intention of candidacy of the county in which they reside
by twelve o'clock noon on March thirtieth a like notice and
pledge.
The notice of candidacy required by
this section to be filed by a candidate in a primary must be
signed personally by the candidate, and the signature of the
candidate must be signed in the presence of the county chairman
or other officer as may be named by the county committee with
whom the candidate is filing, or a candidate must have his
signature on the notice of the candidacy acknowledged and
certified by any officer authorized to administer an oath. Any
notice of candidacy of any candidate signed by an agent in
behalf of a candidate shall not be valid. The
notice of candidacy required by this section to be filed by a
candidate in a primary must be signed personally by the
candidate, and the signature of the candidate must be
acknowledged by the county chairman or other officer as may be
named by the county committee with whom the candidate is filing
or by state party official with which the candidate is filing,
either of whom shall also sign the notice of candidacy form. A
notice of candidacy of any candidate signed by an agent on
behalf of a candidate shall not be valid.
In the event that a person
who was defeated as a candidate for nomination to an office in a
party's primary election shall thereafter offer or campaign as a
candidate against any nominee for election to any office in the
ensuing general election, the state chairman of the party which
held the primary (if the office involved is one voted for in the
general election by the electors of more than one county), or
the county chairman of the party which held the primary (in the
case of all other offices), shall forthwith institute an action
in a court of competent jurisdiction for an order enjoining the
person from so offering or campaigning in the general election,
and the court is hereby empowered upon proof of these facts to
issue an order."
SECTION 8. Section 7-13-40 of the 1976 Code, as last amended by Act 236 of 2000, is further amended to read:
"Section 7-13-40.
In the event that a party nominates candidates by
party primary, a party primary must be held by the party and
conducted by the State Election Commission and the respective
county election commissions on the second Tuesday in June of
each general election year, and a second and third primary each
two weeks successively thereafter, if necessary. Written
certification of the names of all candidates to be placed on
primary ballots must be made by the political party chairman,
vice chairman, or secretary to the State Election Commission or
the county election commission, whichever is responsible under
law for preparing the ballot, not later than twelve o'clock noon
on April ninth, or if April ninth falls on a Saturday or Sunday,
not later than twelve o'clock noon on the following Monday.
Political parties nominating candidates by party primary must
verify the qualifications of those candidates prior to
certification to the appropriate election commission of the
names of candidates to be placed on primary ballots. The
written verification required by this section must contain a
statement that each candidate certified meets, or will meet by
the time of the general election, or as otherwise required by
law, the qualifications for office for which he has filed.
Political parties must not accept the filing of any candidate
who does not or will not by the time of the general election, or
as otherwise required by law, meet the qualifications for the
office for which the candidate desires to file, and such
candidate's name shall not be placed on a primary ballot. The
filing fees for all candidates filing to run in all primaries,
except municipal primaries, must be transmitted by the
respective political parties to the State Election Commission
and placed by the executive director of the commission in a
special account designated for use in conducting primary
elections and must be used for that purpose. The filing fee for
each office is one percent of the total salary for the term of
that office or one hundred dollars, whichever amount is
greater. In the event that a party nominates
candidates by party primary, a party primary must be held by the
party and conducted by the State Election Commission and the
respective county board of registration and elections on the
second Tuesday in June of each general election year, and a
second and third primary each two weeks successively thereafter,
if necessary. Written certification of the names of all
candidates to be placed on primary ballots must be compiled by
the State Election Commission and forwarded to the respective
state executive committees, not later than twelve o'clock noon
on April fifth, or if April fifth falls on a Saturday or Sunday,
not later than twelve o'clock noon on the following Monday. The
respective state committees must certify the list of candidates
received from the State Executive Committee, with a written
statement that each candidate certified meets, or will meet by
the time of the general election, or as otherwise required by
law, the qualifications for office for which he has filed,
within five days of receipt to the South Carolina Election
Commission."
SECTION 9. Section 7-27-110 of the 1976 Code, as added by Act 312 of 2008, is amended to read:
"Section 7-27-110.
Those counties that do not have combined boards of
registration and election commissions must have their members
appointed and powers of their boards and commissions as provided
by Sections 7-5-10 and 7-13-70. (A)
All counties of this State must have a single
board of registration and elections whose membership is
established in this chapter and whose members are appointed in
accordance with this chapter.
(B)
Notwithstanding the provisions of subsection (A), a
county by affirmative vote of its county council may choose not
to combine its existing board of registration and board of
elections provided this vote occurs within one calendar year of
the effective date of this act. If a county council fails to
conduct the vote described in this subsection, then the
provisions of subsection (A) shall apply. If a county chooses
not to combine its existing boards of registration and elections
pursuant to this subsection, the existing Board of Elections
must be designated as the appropriate body to receive a
statement of intention of candidacy, notice of candidacy and
pledge to be filed in that county as required by Title
7."
SECTION 10. Section 7-27-260 of the 1976 Code, as added by Act 312 of 2008, is amended to read:
"Section 7-27-260.
The Cherokee County Election Commission and the
Cherokee County Board of Registration must have their members
appointed and powers of their board and commission as provided
by Sections 7-5-10 and 7-13-70. (A)
There is created the Board of Registration and
Elections of Cherokee County. There are eight members of the
board who must be appointed by the Governor upon recommendation
of a majority of the Cherokee County Legislative Delegation,
including the senators, who are appointed for terms of four
years and until their successors are appointed and qualify.
Initially, in order to stagger terms, four members must be
appointed for terms of two years. At the expiration of these
two-year terms, successors must be appointed for terms of four
years. The board shall elect officers as it considers necessary.
(B)
Between the first day of January and the fifteenth day
of March of every even-numbered year, the Governor shall appoint
the members of the board.
(C) A
vacancy on the board may be filled by appointment in the manner
of original appointment for the unexpired term only.
(D) The
members of the board staff receive compensation as may be
appropriated by the county council.
(E) Staff
may be appointed and may be removed by a majority vote of the
members of the Cherokee County Board of Registration and
Elections.
(F) The
Office of Commissioners of Election and the Registration Board
for Cherokee County are abolished. The powers and duties of the
Commissioners of Election and the Registration Board are
devolved upon the Board of Registration and Elections of
Cherokee County created in subsection (A).
(G) The
eight members of the Board of Registration and Elections of
Cherokee County serving in office on the effective date of this
section shall constitute the eight members of the board provided
for by this section. Upon the expiration of their current
terms, successors must be appointed in the manner provided by
law."
SECTION 11. Section 7-27-290 of the 1976 Code, as added by Act 312 of 2008, is amended to read:
"Section 7-27-290.
The Dillon County Election Commission and the
Dillon County Board of Registration must have their members
appointed and powers of their board and commission as provided
by Sections 7-5-10 and 7-13-70. (A)
There is created the Board of Registration and
Elections of Dillon County. There are eight members of the
board who must be appointed by the Governor upon recommendation
of a majority of the Dillon County Legislative Delegation,
including the senators, who are appointed for terms of four
years and until their successors are appointed and qualify.
Initially, in order to stagger terms, four members must be
appointed for terms of two years. At the expiration of these
two-year terms, successors must be appointed for terms of four
years. The board shall elect officers as it considers necessary.
(B)
Between the first day of January and the fifteenth day
of March of every even-numbered year, the Governor shall appoint
the members of the board.
(C) A
vacancy on the board may be filled by appointment in the manner
of original appointment for the unexpired term only.
(D) The
members of the board staff receive compensation as may be
appropriated by the county council.
(E) Staff
may be appointed and may be removed by a majority vote of the
members of the Dillon County Board of Registration and
Elections.
(F) The
Office of Commissioners of Election and the Registration Board
for Dillon County are abolished. The powers and duties of the
Commissioners of Election and the Registration Board are
devolved upon the Board of Registration and Elections of Dillon
County created in subsection (A).
(G) The
eight members of the Board of Registration and Elections of
Dillon County serving in office on the effective date of this
section shall constitute the eight members of the board provided
for by this section. Upon the expiration of their current terms,
successors must be appointed in the manner provided by
law."
SECTION 12. Section 7-27-320 of the 1976 Code, as added by Act 312 of 2008, is amended to read:
"Section 7-27-320.
The Greenville County Election Commission and the
Greenville County Board of Registration must have their members
appointed and powers of their board and commission as provided
by Sections 7-5-10 and 7-13-70. (A)
There is created the Board of Registration and
Elections of Greenville County. There are eight members of the
board who must be appointed by the Governor upon recommendation
of a majority of the Greenville County Legislative Delegation,
including the senators, who are appointed for terms of four
years and until their successors are appointed and qualify.
Initially, in order to stagger terms, four members must be
appointed for terms of two years. At the expiration of these
two-year terms, successors must be appointed for terms of four
years. The board shall elect officers as it considers necessary.
(B)
Between the first day of January and the fifteenth day
of March of every even-numbered year, the Governor shall appoint
the members of the board.
(C) A
vacancy on the board may be filled by appointment in the manner
of original appointment for the unexpired term only.
(D) The
members of the board staff receive compensation as may be
appropriated by the county council.
(E) Staff
may be appointed and may be removed by a majority vote of the
members of the Greenville County Board of Registration and
Elections.
(F) The
Office of Commissioners of Election and the Registration Board
for Greenville County are abolished. The powers and duties of
the Commissioners of Election and the Registration Board are
devolved upon the Board of Registration and Elections of
Greenville County created in subsection (A).
(G) The
eight members of the Board of Registration and Elections of
Greenville County serving in office on the effective date of
this section shall constitute the eight members of the board
provided for by this section. Upon the expiration of their
current terms, successors must be appointed in the manner
provided by law."
SECTION 13. Section 7-27-325 of the 1976 Code, as added by Act 312 of 2008, is amended to read:
"Section 7-27-325.
The Greenwood County Election Commission and the
Greenwood County Board of Registration must have their members
appointed and powers of their board and commission as provided
by Sections 7-5-10 and 7-13-70. (A)
There is created the Board of Registration and
Elections of Greenwood County. There are eight members of the
board who must be appointed by the Governor upon recommendation
of a majority of the Greenwood County Legislative Delegation,
including the senators, who are appointed for terms of four
years and until their successors are appointed and qualify.
Initially, in order to stagger terms, four members must be
appointed for terms of two years. At the expiration of these
two-year terms, successors must be appointed for terms of four
years. The board shall elect officers as it considers necessary.
(B)
Between the first day of January and the fifteenth day
of March of every even-numbered year, the Governor shall appoint
the members of the board.
(C) A
vacancy on the board may be filled by appointment in the manner
of original appointment for the unexpired term only.
(D) The
members of the board staff receive compensation as may be
appropriated by the county council.
(E) Staff
may be appointed and may be removed by a majority vote of the
members of the Greenwood County Board of Registration and
Elections.
(F) The
Office of Commissioners of Election and the Registration Board
for Greenwood County are abolished. The powers and duties of
the Commissioners of Election and the Registration Board are
devolved upon the Board of Registration and Elections of
Greenwood County created in subsection (A).
(G) The
eight members of the Board of Registration and Elections of
Greenwood County serving in office on the effective date of this
section shall constitute the eight members of the board provided
for by this section. Upon the expiration of their current terms,
successors must be appointed in the manner provided by
law."
SECTION 14. Section 7-27-335 of the 1976 Code, as added by Act 312 of 2008, is amended to read:
"Section 7-27-335.
The Horry County Election Commission and the Horry
County Board of Registration must have their members appointed
and powers of their board and commission as provided by Sections
7-5-10 and 7-13-70. (A)
There is created the Board of Registration and
Elections of Horry County. There are eight members of the board
who must be appointed by the Governor upon recommendation of a
majority of the Horry County Legislative Delegation, including
the senators, who are appointed for terms of four years and
until their successors are appointed and qualify. Initially, in
order to stagger terms, four members must be appointed for terms
of two years. At the expiration of these two-year terms,
successors must be appointed for terms of four years. The board
shall elect officers as it considers necessary.
(B)
Between the first day of January and the fifteenth day
of March of every even-numbered year, the Governor shall appoint
the members of the board.
(C) A
vacancy on the board may be filled by appointment in the manner
of original appointment for the unexpired term only.
(D) The
members of the board staff receive compensation as may be
appropriated by the county council.
(E) Staff
may be appointed and may be removed by a majority vote of the
members of the Horry County Board of Registration and Elections.
(F) The
Office of Commissioners of Election and the Registration Board
for Horry County are abolished. The powers and duties of the
Commissioners of Election and the Registration Board are
devolved upon the Board of Registration and Elections of Horry
County created in subsection (A).
(G) The
eight members of the Board of Registration and Elections of
Horry County serving in office on the effective date of this
section shall constitute the eight members of the board provided
for by this section. Upon the expiration of their current terms,
successors must be appointed in the manner provided by
law."
SECTION 15. Section 7-27-415 of the 1976 Code, as added by Act 312 of 2008, is amended to read:
"Section 7-27-415.
The Spartanburg County Election Commission and the
Spartanburg County Board of Registration must have their members
appointed and powers of their board and commission as provided
by Sections 7-5-10 and 7-13-70. (A)
There is created the Board of Registration and
Elections of Spartanburg County. There are eight members of the
board who must be appointed by the Governor upon recommendation
of a majority of the Spartanburg County Legislative Delegation,
including the senators, who are appointed for terms of four
years and until their successors are appointed and qualify.
Initially, in order to stagger terms, four members must be
appointed for terms of two years. At the expiration of these
two-year terms, successors must be appointed for terms of four
years. The board shall elect officers as it considers necessary.
(B)
Between the first day of January and the fifteenth day
of March of every even-numbered year, the Governor shall appoint
the members of the board.
(C) A
vacancy on the board may be filled by appointment in the manner
of original appointment for the unexpired term only.
(D) The
members of the board staff receive compensation as may be
appropriated by the county council.
(E) Staff
may be appointed and may be removed by a majority vote of the
members of the Spartanburg County Board of Registration and
Elections.
(F) The
Office of Commissioners of Election and the Registration Board
for Spartanburg County are abolished. The powers and duties of
the Commissioners of Election and the Registration Board are
devolved upon the Board of Registration and Elections of
Spartanburg County created in subsection (A).
(G) The
eight members of the Board of Registration and Elections of
Spartanburg County serving in office on the effective date of
this section shall constitute the eight members of the board
provided for by this section. Upon the expiration of their
current terms, successors must be appointed in the manner
provided by law."
SECTION 16. Section 7-27-430 of the 1976 Code, as added by Act 312 of 2008, is amended to read:
"Section 7-27-430.
The Williamsburg County Election Commission and
the Williamsburg County Board of Registration must have their
members appointed and powers of their board and commission as
provided by Sections 7-5-10 and 7-13-70. (A)
There is created the Board of
Registration and Elections of Williamsburg County. There are
eight members of the board who must be appointed by the Governor
upon recommendation of a majority of the Williamsburg County
Legislative Delegation, including the senators, who are
appointed for terms of four years and until their successors are
appointed and qualify. Initially, in order to stagger terms,
four members must be appointed for terms of two years. At the
expiration of these two-year terms, successors must be appointed
for terms of four years. The board shall elect officers as it
considers necessary.
(B)
Between the first day of January and the fifteenth day
of March of every even-numbered year, the Governor shall appoint
the members of the board.
(C) A
vacancy on the board may be filled by appointment in the manner
of original appointment for the unexpired term only.
(D) The
members of the board staff receive compensation as may be
appropriated by the county council.
(E) Staff
may be appointed and may be removed by a majority vote of the
members of the Williamsburg County Board of Registration and
Elections.
(F) The
Office of Commissioners of Election and the Registration Board
for Williamsburg County are abolished. The powers and duties of
the Commissioners of Election and the Registration Board are
devolved upon the Board of Registration and Elections of
Williamsburg County created in subsection (A).
(G) The
eight members of the Board of Registration and Elections of
Williamsburg County serving in office on the effective date of
this section shall constitute the eight members of the board
provided for by this section. Upon the expiration of their
current terms, successors must be appointed in the manner
provided by law."
SECTION 17. Section 8-13-365 of the 1976 Code, as last amended by Act 190 of 2010, is further amended to read:
"Section 8-13-365.(A)
The commission State Ethics
Commission shall establish a system of electronic filing for
all disclosures and reports required pursuant to Chapter 13,
Title 8 and Chapter 17, Title 2 from all persons and entities
subject to its jurisdiction. These disclosures and reports must
be filed using an Internet-based filing system as prescribed by
the commission. Reports and disclosures filed with the
Ethics Committees of the Senate and House of Representatives for
legislative offices must be in a format such that these filings
can be forwarded to the State Ethics Commission using an
Internet-based system. State Ethics Commission,
which shall forward these reports to the appropriate supervisory
office. The information contained in the reports and
disclosure forms, with the exception of social security numbers,
campaign bank account numbers, and tax ID numbers, must be
publicly accessible, searchable, and transferable.
(B) The Ethics
Commission must submit to the General Assembly a report no later
than one year after implementation of subsection (A), concerning
the effectiveness of mandatory electronic filing, and must make
recommendations as to the implementation of mandatory filing for
all other candidates and entities. Notwithstanding
another provision of law, a disclosure form filed pursuant to
this section must be deemed to satisfy any other filing
requirement required by law."
SECTION 18. Section 8-13-1110 of the 1976 Code, as last amended by Act 114 of 2007, is further amended to read:
"Section 8-13-1110.
(A) No public official,
regardless of compensation, and no public member, or
public employee as designated in subsection (B) may take the
oath of office or enter upon his official responsibilities
unless he has filed a statement of economic interests in
accordance with the provisions of this chapter with the
appropriate supervisory office. The State Ethics
Commission must furnish the website on which all statements of
economic interests must be filed. Except for the reporting of
gifts, a candidate who is not an incumbent public official and
who must otherwise file a statement of economic interests is
subject to the same disclosure requirements as an incumbent
public official. If a public official, public member, or
public employee referred to in this section has no economic
interests to disclose, he shall nevertheless file a statement of
inactivity to that effect with the appropriate
supervisory office. All disclosure statements are
matters of public record open to inspection upon request.
(B) Each of the
following public officials, public members, and public employees
must file a statement of economic interests with the appropriate
supervisory office, unless otherwise provided All
public officials must file a Statement of Economic Interests
online with the State Ethics Commission no later than April
fifteenth of each calendar year, or fifteen days after being
appointed, whichever comes last. This includes elected
officials, and the following:
(1)
a person appointed to fill the unexpired term of an
elective office;
(2)
a salaried member of a state board, commission, or agency;
(3)
the chief administrative official, or
employee, and the deputy or assistant administrative
official, or employee, or director of a division,
institution, or facility of any an
agency or department of state government;
(4)
the city administrator, city manager, or chief municipal
administrative official, or employee, by whatever title;
(5)
the county manager, county administrator, county
supervisor, or chief county administrative official, or
employee, by whatever title;
(6)
the chief administrative official, or employee of
each political subdivision including, but not limited to, school
districts, libraries, regional planning councils, airport
commissions, hospitals, community action agencies, water and
sewer districts, and development commissions;
(7)
a school district and county superintendent of education;
(8)
a school district board member and a county board of
education member;
(9)
the chief finance official, or employee, and
the chief purchasing official, or employee, of
each agency, institution, or facility of state government, and
of each county, municipality, or other political subdivision
including, but not limited to, those named in item (6);
(10)
a public official;
(11)
a public member who serves on a state board, commission,
or council; and
(12)
Department of Transportation District Engineering
Administrators."
SECTION 19. Section 7-11-220 of the 1976 Code is repealed.
SECTION 20. Section 8-13-1356 of the 1976 Code is repealed.
SECTION 21. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.