Rep. MAGNUSON proposes the following amendment (LC-3556.HDB0006H):
Amend the bill, as and if amended, SECTION 1, by striking Section 7-17-560(B)(1) and (2) and inserting:
(1) the state executive committee upholds the protest or contest; or(2) a court of common pleas rules in favor of the protestant; or
(3) a petition to the Supreme Court under Section 7-17-570(D) is granted. bond with surety as payment for the reasonable costs of hearing the protest in the event the election challenge is denied. However, the amount may not exceed seven hundred fifty dollars. If a protestant or contestant's election challenge is granted, he shall receive a refund of the amount of the surety bond.
Amend the bill further, SECTION 2, by striking Section 7-17-570(D) and inserting:
(D) Appeals from decisions by the state executive committee must be taken directly to the Supreme Court on petition for a writ of certiorari based only on the record of the state executive committee hearing. Notice of appeal must be served within ten days of the state executive committee's decision. The Supreme Court may impose filing fees for appeals taken pursuant to this subsection.Appeals from decisions by the state executive committee involving partisan county officers, partisan less than county officers, and partisan municipal officers shall be to the court of common pleas of the county in which the election was held. Any appeal thereafter or an appeal in the case of federal officers, state officers, State Senate, State House of Representatives, and officers involving more than one county shall be taken to the Supreme Court on petition for a writ of certiorari and must be granted first priority of consideration by the court. The Supreme Court may impose filing fees for appeals taken pursuant to this subsection. Notice and grounds of all appeals shall be served on the opposing parties or their attorneys within ten days following the decision of the state executive committee or circuit court judge.Renumber sections to conform.
Amend title to conform.