S 0728 General Bill, By Land
 A Bill to amend Section 7-11-210, Code of Laws of South Carolina, 1976,
 relating to candidate's notice of candidacy, pledge, and affidavits, so as to
 delete provisions relating to the requirement that the chairman of a political
 party institute action in court enjoining a person defeated as a candidate for
 nomination from offering or campaigning in the general election and add
 provisions that provide that the person is ineligible from receiving votes in
 the general election, unless the nominee for the office has become deceased or
 otherwise disqualified in that general election.

   04/22/93  Senate Introduced and read first time SJ-4
   04/22/93  Senate Referred to Committee on Judiciary SJ-4

A BILL

TO AMEND SECTION 7-11-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CANDIDATE'S NOTICE

OF CANDIDACY, PLEDGE, AND AFFIDAVITS, SO AS TO DELETE PROVISIONS RELATING TO THE REQUIREMENT THAT THE CHAIRMAN OF A POLITICAL PARTY INSTITUTE ACTION IN COURT ENJOINING A PERSON DEFEATED AS A CANDIDATE FOR NOMINATION FROM OFFERING OR CAMPAIGNING IN THE GENERAL ELECTION AND ADD PROVISIONS THAT PROVIDE THAT THE PERSON IS INELIGIBLE FROM RECEIVING VOTES IN THE GENERAL ELECTION, UNLESS THE NOMINEE FOR THE OFFICE HAS BECOME DECEASED OR OTHERWISE DISQUALIFIED IN THAT GENERAL ELECTION.

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

SECTION 1. The fourth paragraph of Section 7-11-210 of the 1976 Code is amended to read:

"In the event that a person who was defeated as a candidate for nomination to an office in a party's primary election shall thereafter offer or campaign as a candidate against any nominee for election to any office in the ensuing general election, the state chairman of the party which held such primary (if the office involved is one voted for in the general election by the electors of more than one county), or the county chairman of the party which held such primary (in the case of all other offices), shall forthwith institute an action in a court of competent jurisdiction for an order enjoining such person from so offering or campaigning in the general election, and the court is hereby empowered upon proof of such facts to issue such order. Any person who is defeated as a candidate for nomination to an office in a party's primary is ineligible to receive votes for that office whether by write-in or otherwise, in the ensuing general election, unless the nominee for the office has become deceased or otherwise disqualified for election in that general election."

SECTION 2. This act takes effect upon approval by the Governor.