Reference is to Printer's Date 01/25/13.
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
State Election Commission and every 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;
(3)
place an advertisement at least five by seven inches in
size to appear two weeks before the filing period begins in a
newspaper of general circulation in the county which 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 that may be filed for, the place and
street address where filings must be turned in to the party
official, and the hours that an authorized person will be
present to receive filings, paid for at the rates prescribed by
law for legal notices;
(4)
allow for a single designee, selected by the state chair
for all filings preformed at the State Election Commission and
the county chair for all other filings, for each recognized
political party within the county to be present at the place
selected by the board to accept election filings at all times
filings are to be accepted.
(B) In every general
election year a political party, acting through its chairman,
shall:
(1)
designate a person to be in attendance at the place
designated pursuant to subsection (A)(1) during the hours
established pursuant to subsection (A)(2) who will accept notice
of candidacy, intention of candidacy and pledge documents from
all candidates, or their designee, that present themselves to
file for elective office in that county;
(2)
cause to be delivered to the State Election Commission or
County Board of Registration and Elections, as the case may be,
all documents received from candidates for elective office;
and
(3)
cause all documents received from candidates for office to
be marked with the time and date received by the party. The
time and date recorded by the party on the documents pursuant to
this subsection shall serve as the time and date that the State
Election Commission or county board of registration and
elections receives the documents."
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, by ordinance, may 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 does 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
Election Commission;
(2)
file the intention of candidacy and the notice
of candidacy and pledge with the appropriate party official
pursuant to Section 7-13-46; and
(3)
pay 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 either the
State Election Commission or the county board of registration
and elections in the county in which they reside;
(2)
file the intention of candidacy and the notice
of candidacy and pledge with the appropriate party official
pursuant to Section 7-13-46; and
(3)
pay the filing fee for office as prescribed by
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 either the
State Election Commission or the county board of registration
and elections in the county the office serves;
(2)
file the intention of candidacy and the notice
of candidacy and pledge with the appropriate party official
pursuant to Section 7-13-46; and
(3)
pay the filing fee for office as prescribed by
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 State Election
Commission.
(F) The
county party must report all candidate statements to the state
executive committees no later than five o'clock p.m. on March
thirtieth.
(G) A
candidate's name may not 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, notice of candidacy and pledge, and
filing fee have not been filed with the county board of
registration and elections or State Election Commission, as
appropriate, 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 and proof that
his filing fee was received by the appropriate body.
(H) Copies of
the filing documents showing the time and date filed and the
candidate's signature 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, and must be made by check payable to the
State Election Commission. A candidate whose check is returned
to the State Election Commission for insufficient funds may not
have his name placed on a ballot.
(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 available to the public
at the offices of the State Election Commission, the office of
the Clerk of Court in each county, and available for printing
from a website maintained by the State Election Commission and
must be filed in duplicate by the candidate. The county board
of Registration and Elections or State Election Commission, as
appropriate, must stamp it with the date and time received, sign
it, keep one copy, and return one copy to the candidate.
(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 appropriate, 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. No convention shall
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. No convention shall 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. Any 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.
(A) A party
may choose to nominate candidates for all offices, including but
not limited to Governor, Lieutenant Governor, United States
Senator, United States House of Representatives, circuit
solicitor, state Senator, and members of the state House of
Representatives if:
(1)
there is a three-fourths vote of the total
membership of the convention to use the convention nomination
process; and
(2)
a majority of voters in that party's next
primary election approve the use of the convention nomination
process.
(B) A party
may not choose to nominate by party convention for an election
cycle in which the filing period for candidates has begun.
(C) A
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 State
Election Commission 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 board of registration
and elections 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. A
notice of candidacy of a candidate signed by an agent on behalf
of a candidate is not 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."
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.