South Carolina General Assembly
117th Session, 2007-2008

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Bill 99


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTIONS 7-11-20 AND 7-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PRIMARIES AND THAT THE STATE COMMITTEE OF THE PARTY SET THE DATE AND THE FILING REQUIREMENTS FOR THE PRESIDENTIAL PRIMARIES AND TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING PRIMARIES; AND TO REPEAL SECTION 7-11-25 RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES.

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

SECTION    1.    Section 7-11-20 of the 1976 Code is amended to read:

"Section 7-11-20.    (A)    Except as provided in subsection (B), Party party conventions or party primary elections held by political parties certified as such by the State Election Commission under pursuant to the provisions of this Title title to nominate candidates for any of the offices to be filled in a general or special election shall must be conducted in accordance with the provisions of this Title title, and in accordance with party rules not in conflict with the provisions of this Title title or of the Constitution and laws of this State or of the United States.

(B)    A    If the state committee of a certified political party wishing decides to hold a presidential primary election, may do so the State Election Commission must conduct the primary in accordance with the provisions of this Title title and party rules. However, notwithstanding any other provision of this Title title, the state committee of the party shall set the date and the hours that the polls will be open for the presidential primary election and the filing requirements for the presidential primary election. If a party holds sets the date of a presidential primary election on a Saturday, an absentee ballot must be provided to a person who signs an affirmation stating that for religious reasons he does not wish to take part in the electoral process on a Saturday."

SECTION    2.    Section 7-13-15 of the 1976 Code is amended to read:

"Section 7-13-15.    (A)(1)    Except for This section does not apply to municipal primaries,.

(2)    This section does not apply to primary elections for the Office of President of the United States, which are provided for in Section 7-11-20(B).

(B)    all primaries for national offices, excluding the Office of President and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year. Except as provided in subsection (A) or unless otherwise specifically provided for by statute or ordinance, the following primaries must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year:

(1)    primaries for national offices, excluding the Office of President of the United States; and

(2)    primaries for:

(a)    state offices;

(b)    offices including more than one county;

(c)    countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees; and

(d)    special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices."

SECTION    3.    Section 7-11-25 of the 1976 Code is repealed.

SECTION    4.    This act takes effect upon approval by the Governor.

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