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Printed Page 460, Jan. 24
| Printed Page 480, Jan. 24
| The following Bill was taken up.
H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, January 19, by the Committee on Judiciary.
Rep. CROMER explained the amendment.
The amendment was then adopted.
Rep. CROMER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\1652DW.95), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION . Section 7-11-15 of the 1976 Code, as last amended by Act 583 of 1990, is further amended to read:
"Section 7-11-15. In order to qualify as a candidate to run in the
general election, all candidates, whether seeking nomination by political
party primary, or political party convention, or by
petition must file a statement of intention of candidacy, as follows:
(2) candidates seeking nomination by petition for a statewide, congressional, or district office which includes more than one county shall file their statement of candidacy with the State Election Commission between noon April sixteenth and noon April thirtieth;
(3) those candidates seeking nomination by petition for office of state Senate, House of Representatives, a countywide, or less than countywide office shall file their statement of candidacy with the county election commission in the county of their residence between noon March sixteenth and noon March thirtieth.
The county executive committee of any political party with whom statements of candidacy are filed and the county election commission with whom statements of candidacy are filed must file, in turn, all statements of candidacy with the county clerk of court by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a holiday, the statements must be filed by noon the following day. The State Executive Committee of any political party with whom statements of candidacy are filed must file, in turn, all the statements 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 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, petition, general election ballot, or special election ballot, except as otherwise provided by law, if the candidate's statement of candidacy, as required by this section, has not been filed with the county clerk of court or State Election Commission, as the case may be, by the deadline. The candidate's name will must appear if the candidate produces the signed and dated copy of his timely filed statement of candidacy.
The statement of candidacy required in this section and in Section 7-13-190(B) must be on such form as designed and provided by the State Election Commission. It must be filed in triplicate by the candidate, and
If, after the closing of the time for filing statements 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; provided, that for the office of 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."
SECTION . Section 7-13-190(B) of the 1976 Code, as last amended by Act 61 of 1991, is further amended to read:
"(B) In partisan elections, whether seeking nomination by political party primary, or political party convention, or by petition, filing by all such candidates shall open for the office at noon on the third Friday after the vacancy occurs for a period to close ten days later at noon. If seeking nomination by petition, filing by such candidates shall open for the office at noon on the eleventh Tuesday after the vacancy occurs for a period to close seven days later at noon. 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(1) and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-15(2)(3)70.
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 eighteenth Tuesday after the vacancy occurs. 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, it must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day."/
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
Rep. WHITE proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\PT\1656DW.95), which was tabled.
Amend the bill, as and if amended, in SECTION 1, Section 7-13-1640, Page 2, beginning on Line 18, by adding subsection (C) to read:
/(C) A machine must provide the voter with the opportunity to write in the name of a person for whom he wishes to vote. The State Election Commission must establish and publicize a policy for all county election commissions where the machine or model will be made available in a public location during regular hours before an election and where the method of casting a write-in vote using the machine can be demonstrated to interested citizens by election commission personnel./
Amend title to conform.
Rep. WHITE explained the amendment.
Rep. ELLIOTT moved to table the amendment.
Rep. L. WHIPPER demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Phillips Rhoad Rice Riser Robinson Sandifer Seithel
Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Govan Harvin Hines Hodges Howard Inabinett Kennedy Keyserling Lloyd McAbee McMahand McTeer Moody-Lawrence Neal Neilson Scott Spearman Stille Stoddard Townsend Tucker Whipper, L. Whipper, S. White Wilkes Williams Worley
So, the amendment was tabled.
Reps. MOODY-LAWRENCE and WHITE objected to the Bill.
Rep. McTEER moved to adjourn debate upon the Bill until Wednesday, January 25, which was adopted.
The following Bill was taken up.
H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart,
Reps. A. YOUNG and J. BROWN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7104AC.95), which was adopted.
Amend the bill, as and if amended, Section 40-51-30(A) as contained in
Section 1 of the bill, by deleting on page 2, beginning on line 24, /with the
advice and consent of the senate/.
Amend title to conform.
Rep. A. YOUNG explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3331 -- Rep. Kirsh: A BILL TO REPEAL SECTION 40-60-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATE OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD.
Rep. BAXLEY moved that the House recede until 2:00 P.M.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Baxley Beatty Breeland Brown, T. Carnell Cave Clyburn Cobb-Hunter Delleney Elliott Govan Harris, J. Harris, P. Harvin Hines Hodges Howard Inabinett Kennedy Kinon Kirsh Lloyd McAbee McCraw McMahand Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Spearman Stille Tucker Whipper, L.
Whipper, S. White Wilder Wilkes Williams
Those who voted in the negative are:
Allison Bailey Boan Brown, H. Brown, J. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to recede until 2:00 P.M.
The motion period was dispensed with on motion of Rep. HUFF.
Rep. HUFF moved to waive Rule 6.1.
Those who voted in the affirmative are:
Allison Bailey Baxley Boan Brown, H. Brown, J. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McElveen McKay McMahand Meacham Neilson Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Beatty Breeland Brown, G. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Delleney Elliott Govan Harris, P. Harvin Hodges Howard Inabinett Kennedy Keyserling Kirsh Lloyd McAbee
McCraw McTeer Moody-Lawrence Neal Phillips Rhoad Rogers Scott Sheheen Spearman Stille Tucker Whipper, L. Whipper, S. White Wilkes Williams
So, Rule 6.1 was waived.
The following Joint Resolution was taken up.
H. 3281 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO
ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO
THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE
ONLY
SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN
OFFICE
WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE
CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO
ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO
PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS, TO
PROVIDE
THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY
COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS
THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN
AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE
CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL
OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT
CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO
LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW
TERMS
THEREAFTER.
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