View Amendment Current Amendment: 2 to Bill 3298 Reps. LUCAS, DELLENEY, QUINN propose the following Amendment No. 2 to H. 3298 (COUNCIL\GGS\3298C004.GGS.ZW13):

Reference is to Printer's Date 1/31/13-H.

Amend the bill, as and if amended, Section 7-13-46(B), as contained in SECTION 1, page 3298-2, lines 6-20, by striking subsection (B) in its entirety and inserting a new subsection (B) to read:

/      (B)      In every general election year the county party chairman, or a designee, 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.
           (4)      Sign any statement of intention of candidacy, notice of candidacy and pledge presented to them by a prospective candidate.      /

Amend the bill further, as and if amended, Section 7-11-15, as contained in SECTION 5, beginning on page 3298-3, by deleting Section 5 in its entirety and inserting:

/      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)      If, for any reason, a candidate is unable to acquire the attestation of an appropriate party official pursuant to this section or the party official does not comply with the requirement to sign a notice of candidacy, pledge or intention of candidacy document, the county board will accept the filing from the candidate without the the signature of a party official.
     (F)      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.
     (G)      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.
     (H)      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.
     (I)      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.
     (J)      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.
     (K)      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 must 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.
     (L)      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.
     (M)      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."      /

Renumber sections to conform.
Amend title to conform.