H*4824(Rat #0539, Act #0002 of 1999)  General Bill, By Inabinett, Barrett, 
Battle, Breeland, H. Brown, A.W. Byrd, Canty, Cato, Cave, J.L.M. Cromer, 
Gourdine, Govan, Hamilton, Harrison, J. Hines, M. Hines, B.L. Jordan, 
Littlejohn, Lloyd, Maddox, Miller, Moody-Lawrence, J.H. Neal, Rodgers, Seithel, 
Simrill, Stille, Stuart, Vaughn, Wilkins and Woodrum
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS
 AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE
 REFERENDUM, TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED
 EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN
 EXPLANATION NECESSARY, TO REQUIRE THE EXPLANATION TO BE AVAILABLE TO THE MEDIA
 FORTY-FIVE DAYS IN ADVANCE, TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE
 CHALLENGED FOR FAILURE OF A BOARD TO TIMELY IMPLEMENT THIS ACT, TO PROVIDE
 THAT THE SUPREME COURT HAS ORIGINAL JURISDICTION CHALLENGING A REFERENDUM
 BASED ON AN EXPLANATION PROVIDED, AND TO EXEMPT REFERENDA IN WHICH THE GENERAL
 ASSEMBLY PROVIDES THE BALLOT QUESTION.-AMENDED TITLE

   03/18/98  House  Introduced and read first time HJ-20
   03/18/98  House  Referred to Committee on Judiciary HJ-20
   04/01/98  House  Committee report: Favorable Judiciary HJ-6
   04/02/98  House  Read second time HJ-12
   04/02/98  House  Unanimous consent for third reading on next
                     legislative day HJ-13
   04/03/98  House  Read third time and sent to Senate HJ-2
   04/07/98  Senate Introduced and read first time SJ-5
   04/07/98  Senate Referred to Committee on Judiciary SJ-5
   05/28/98  Senate Recalled from Committee on Judiciary SJ-6
   06/02/98  Senate Amended SJ-71
   06/02/98  Senate Read second time SJ-71
   06/02/98  Senate Ordered to third reading with notice of
                     amendments SJ-71
   06/03/98  Senate Amended
   06/03/98  Senate Read third time and returned to House with amendments
   06/04/98  House  Senate amendment amended HJ-22
   06/04/98  House  Returned to Senate with amendments HJ-22
   06/04/98  Senate Non-concurrence in House amendment SJ-46
   06/04/98  House  House insists upon amendment and conference
                     committee appointed Reps. Inabinett, Knotts &
                     Easterday HJ-193
   06/10/98  Senate Conference committee appointed Sens. Moore,
                     Wilson, Ford SJ-2
   06/16/98  Senate Free conference powers granted
   06/16/98  Senate Free conference committee appointed Sens. Moore,
                     Wilson, Ford
   06/16/98  Senate Free conference report received and adopted
   06/16/98  House  Free conference powers granted HJ-119
   06/16/98  House  Free conference committee appointed Reps.
                     Inabinett, Knotts & Easterday HJ-121
   06/16/98  House  Free conference report received and adopted HJ-121
   06/16/98  Senate Ordered enrolled for ratification
   06/17/98         Ratified R 539
   01/14/99         Became law without Governor's signature
   01/14/99         Effective date 01/01/99
   01/29/99         Copies available
   03/03/99         Act No. 2

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO REQUIRE THE EXPLANATION TO BE AVAILABLE TO THE MEDIA FORTY-FIVE DAYS IN ADVANCE, TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE OF A BOARD TO TIMELY IMPLEMENT THIS ACT, TO PROVIDE THAT THE SUPREME COURT HAS ORIGINAL JURISDICTION CHALLENGING A REFERENDUM BASED ON AN EXPLANATION PROVIDED, AND TO EXEMPT REFERENDA IN WHICH THE GENERAL ASSEMBLY PROVIDES THE BALLOT QUESTION.

Be it enacted by the General Assembly of the State of South Carolina:

Referendum questions

SECTION 1. Chapter 1, Title 7 of the 1976 Code is amended by adding:

"Section 7-1-100. (A) If a countywide or less than countywide referendum is held on a question, the electoral board charged with conducting the referendum shall make the ballot question available to the news media in the county at least forty-five days in advance of the date of the referendum.

(B) If the electoral board determines that a referendum question is of a nature that it might not be clearly understood by the voters, it may prepare a simplified or, when appropriate, more detailed explanation of the question that must be placed on the ballot along with the referendum question. When mechanical devices for voting are used, printed copies of the explanation must be made available at each voting precinct. The explanation provided must be made available to the news media in the county on the same schedule provided in subsection (A).

(C) No referendum may be challenged on the grounds that the electoral board failed to act in a timely manner to implement this section.

(D) The provisions of Section 7-13-2130 apply with respect to any proceeding challenging a referendum based on any explanation provided by the electoral board.

(E) The provisions of this section do not apply to a referendum for which the General Assembly provides the ballot question."

Time effective

SECTION 2. This act takes effect January 1, 1999.

Ratified the 17th day of June, 1998.

Became law without the signature of the Governor -- 1/14/99.