H*3150(Rat #0039, Act #0015 of 2017)  General Bill, By Funderburk
 AN ACT TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICES, SO AS TO
 ADJUST THE DATES ON WHICH PRIMARIES, RUNOFF PRIMARIES, AND SPECIAL ELECTIONS
 MUST BE HELD, AND TO REMOVE THE EXEMPTION FROM HOLDING CERTAIN SPECIAL AND
 GENERAL ELECTIONS; AND TO REQUIRE THE STATE ELECTION COMMISSION TO PROVIDE
 RANK CHOICE BALLOTS FOR A FEDERAL SPECIAL ELECTION FOR WHICH THE PRIMARY IS
 HELD ON MAY 2, 2017, TO INDIVIDUALS CASTING BALLOTS IN ACCORDANCE WITH THE
 UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT. - ratified title

   12/15/16  House  Prefiled
   12/15/16  House  Referred to Committee on Judiciary
   01/10/17  House  Introduced and read first time (House Journal-page 93)
   01/10/17  House  Referred to Committee on Judiciary
                     (House Journal-page 93)
   03/22/17  House  Committee report: Favorable Judiciary
                     (House Journal-page 51)
   03/28/17  House  Debate adjourned until Wed., 3-29-17
                     (House Journal-page 45)
   03/29/17  House  Amended (House Journal-page 34)
   03/29/17  House  Read second time (House Journal-page 34)
   03/29/17  House  Roll call Yeas-84  Nays-23 (House Journal-page 36)
   03/30/17  House  Read third time and sent to Senate
                     (House Journal-page 15)
   03/30/17  Senate Introduced and read first time (Senate Journal-page 8)
   03/30/17  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 8)
   03/30/17         Scrivener's error corrected
   03/31/17  Senate Referred to Subcommittee: Campsen (ch), Young, Fanning
   05/02/17  Senate Recalled from Committee on Judiciary
                     (Senate Journal-page 5)
   05/02/17  Senate Amended (Senate Journal-page 5)
   05/02/17  Senate Read second time (Senate Journal-page 5)
   05/02/17  Senate Roll call Ayes-38  Nays-0 (Senate Journal-page 5)
   05/03/17         Scrivener's error corrected
   05/03/17  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 27)
   05/03/17  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 55)
   05/03/17  House  Roll call Yeas-101  Nays-1 (House Journal-page 55)
   05/04/17         Ratified R 39
   05/04/17         Signed By Governor
   05/09/17         Effective date See Act
   05/15/17         Act No. 15

H. 3150

(A15, R39, H3150)

AN ACT TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICES, SO AS TO ADJUST THE DATES ON WHICH PRIMARIES, RUNOFF PRIMARIES, AND SPECIAL ELECTIONS MUST BE HELD, AND TO REMOVE THE EXEMPTION FROM HOLDING CERTAIN SPECIAL AND GENERAL ELECTIONS; AND TO REQUIRE THE STATE ELECTION COMMISSION TO PROVIDE RANK CHOICE BALLOTS FOR A FEDERAL SPECIAL ELECTION FOR WHICH THE PRIMARY IS HELD ON MAY 2, 2017, TO INDIVIDUALS CASTING BALLOTS IN ACCORDANCE WITH THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.

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

Special elections to fill vacancies, procedures

SECTION 1.    Section 7-13-190(B) of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:

"(B)(1)        In partisan elections, whether seeking nomination by political party primary or political party convention, filing by these candidates shall open for the office at twelve o'clock noon on the third Friday after the vacancy occurs for a period to close eight days later at twelve o'clock noon. If seeking nomination by petition, the petitions must be submitted not later than twelve o'clock noon, sixty days prior to the election. Verification of these petitions must be made not later than twelve o'clock noon forty-five days prior to the election. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15 and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-70.

(2)    A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the twentieth Tuesday after the vacancy occurs. If the twentieth Tuesday after the vacancy occurs is no more than sixty days prior to the general election, the special election must be held on the same day as the general election. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, the election must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day."

Exemption from holding certain special elections removed

SECTION 2.    Section 7-13-190(E) of the 1976 Code, as added by Act 3 of 2003, is amended to read:

"(E)    (Reserved)"

State Election Commission requirements

SECTION 3.    (A)    For a federal special election for which the primary is held on May 2, 2017, the State Election Commission must provide a rank choice ballot to an individual who casts a ballot in accordance with the Uniformed and Overseas Citizens Absentee Voting Act.

(B)    This SECTION applies to any federal special election for which the primary is May 2, 2017.

Time effective

SECTION 4.    SECTION 1 takes effect upon approval by the Governor and applies to elections for which candidate filings begin on or after that date.

Time effective

SECTION 5.    SECTION 2 takes effect on January 1, 2018, and applies to elections for which candidate filings begin on or after that date.

Ratified the 4th day of May, 2017.

Approved the 4th day of May, 2017.