H 3294 Session 109 (1991-1992)
H 3294 General Bill, By C.Y. Waites, R.L. Altman, J.J. Bailey, R.A. Barber,
G.A. Brown, H.H. Clyborne, R.S. Corning, Glover, J.L. Harris, P.B. Harris,
J.H. Hodges, T.E. Huff, M.F. Jaskwhich, Keegan, W.P. Keesley, K.G. Kempe,
S.G. Manly, McCraw, J.T. McElveen, T.F. Rogers, I.K. Rudnick, Scott, Sheheen,
J.J. Snow, L.S. Whipper, Wilkes and D.A. Wright
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 27
in Title 7 so as to enact the South Carolina Code of Fair Campaign Practices,
to provide for its enforcement by the State Election Commission, and to
provide penalties.
01/23/91 House Introduced and read first time HJ-10
01/23/91 House Referred to Committee on Judiciary HJ-11
02/04/92 House Tabled in committee
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 27 IN TITLE 7
SO AS TO ENACT THE SOUTH CAROLINA CODE OF
FAIR CAMPAIGN PRACTICES, TO PROVIDE FOR ITS
ENFORCEMENT BY THE STATE ELECTION
COMMISSION, AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 7 of the 1976 Code is amended by adding:
"CHAPTER 27
South Carolina Code of Fair Campaign
Practices
Section 7-27-10. This chapter may be cited as the South
Carolina Code of Fair Campaign Practices.
Section 7-27-20. (A) The provisions of this chapter apply
to all candidates seeking an office filled by an election of
qualified electors.
(B) At the time any candidate for selection in a primary
election as a nominee of any political party for any state office,
United States Senator, member of Congress, or solicitor, files
the notice of candidacy and pledge pursuant to Section
7-11-210, the treasurer of the state committee shall give the
candidate a copy of the South Carolina Code of Fair Campaign
Practices and inform him that compliance with the code is
mandatory.
(C) At the time any candidate for selection in a primary
election as a nominee of any political party for members of the
Senate, House of Representatives, and all county and municipal
offices files the notice of candidacy and pledge pursuant to
Section 7-11-210, the county chairman or other authorized
officer shall give the candidate a copy of the code and inform
him that compliance with the code is mandatory.
(D) If a political party nominates candidates by
conventions pursuant to Section 7-11-30, the permanent
chairman of the convention shall give each candidate
nominated a copy of the code and inform him that compliance
with the code is mandatory.
(E) If a candidate is nominated for elective office by
petition, the officer with whom the petition is filed shall give
the candidate a copy of the code and inform him that
compliance with the code is mandatory.
(F) If a candidate is nominated for elective office by
declaration of candidacy, the officer with whom the declaration
is filed shall give the candidate a copy of the code and inform
him that compliance with the code is mandatory.
(G) The State Election Commission shall provide a copy
of the code to the treasurer or chairman of any organization
making expenditures on behalf of a candidate for elective office
in the State of South Carolina and inform him that compliance
with the code is mandatory.
(H) After compliance with the code on a form prescribed
by the commission, each candidate for elective office and each
treasurer or chairman of any organization making expenditures
on behalf of a candidate for elective office shall file the form
with the State Election Commission which shall issue a receipt
to the candidate who shall in turn file the receipt with the
officer who certifies the candidate to the ballot. No candidate
may be certified to appear on any ballot unless his receipt has
been filed with the certifying officer.
Section 7-27-30. The South Carolina Code of Fair
Campaign Practices reads:
`Code of Fair Campaign Practices
All political campaigns in the State of South Carolina must
be conducted in a climate promoting discussion of the issues
and presentation of the records and policies of the candidates
stimulating just debate with respect to the views and
qualifications of the candidates and without inhibiting or
interfering with the right of every qualified person and political
party to full and equal participation in the electoral process.
There are basic principles of decency, honesty, and fair play
which every candidate for public office in this State has a moral
obligation to observe and uphold, in order that, after vigorously
contested but fairly conducted campaigns, our citizens may
exercise their constitutional right to a free and untrammeled
choice and the will of the people may be fully and clearly
expressed on the issues.
THEREFORE:
(1) I shall conduct my campaign openly and publicly,
discussing the issues as I see them, presenting my record and
policies with sincerity and frankness, and criticizing without
fear or favor the record and policies of my opponents or
political parties which merit such criticism.
(2) I shall not use or permit the use of character
defamation, libel, slander, or scurrilous attacks on any
candidate or his personal or family life.
(3) I shall not use or permit the use of campaign material
of any sort which misrepresents, distorts, or otherwise falsifies
the facts, nor will I use malicious or unfounded accusations
which aim at creating or exploiting doubts, without
justification, as to the loyalty and patriotism of my opponent.
(4) I shall not use or permit any appeal to negative
prejudice based on race, sex, religion, national origin, or
physical disability.
(5) I shall not use or permit the use of anonymous
mailings to support my candidacy or oppose the candidacy of
any other.
(6) I shall not use or permit any dishonest or unethical
practice which tends to corrupt or undermine our system of free
elections, or which hampers or prevents the full and free
expression of the will of the voters including acts intended to
hinder or prevent any eligible person from registering to vote,
enrolling to vote, or voting.
(7) I shall not use or permit any dishonest or unethical
practice which tends to corrupt or undermine our system of free
elections, or which hampers or prevents the full and free
expression of the will of the voters, including acts intended to
interfere with the political party of my opponent and acts
intended to interfere with the primary election and nominating
process of any political party.
(8) Insofar as is possible, I will immediately and publicly
repudiate support deriving from any individual or group which
practices, on behalf of my candidacy or in opposition to the
candidacy of my opponent, the methods and tactics which I
have pledged not to use or condone.
(9) I shall not coerce election help or campaign
contributions for myself or for any other candidate from my
employees.
(10) I shall defend and uphold the right of every qualified
voter to full and equal participation in the electoral process.
(11) I shall not engage in or commit or condone any
practices of political espionage including, but not limited to, the
theft of campaign materials or assets, the placing of my own
employee or agent in the campaign organization of another
candidate, bribery of members of the campaign staff of another
candidate, electronic or other methods of eavesdropping or
wiretapping;
(12) I shall not engage in or commit or condone any
political practices involving subversion or undermining of
political parties or the nominating or electoral process
including, but not limited to, the preparation or distribution of
any fraudulent, forged, or falsely identified writing or the use
of any employees or agents who falsely represent themselves as
supporters of a candidate, political party, or committee;
(13) I shall not make or condone any misrepresentation of
the contents or results of a poll relating to any election;
(14) If I am defeated as a candidate for nomination to an
office in my party's primary election or at my party's
nominating convention, I promise not to offer or campaign as
a write-in candidate, nor encourage others to draft me as a
write-in candidate, in the ensuing election for election to that
office or any other office for which a nominee has been elected
in the party primary election or a nominee has been selected at
the party convention, unless the nominee for the office is
deceased or otherwise disqualified for election in the ensuing
election.
I, the undersigned candidate for election to public office in
the State of South Carolina or treasurer or chairman of an
organization making expenditures on behalf of a candidate for
election to public office in the State of South Carolina, hereby
endorse, subscribe to, and solemnly pledge myself to conduct
my campaign or conduct the actions of my organization on
behalf of a candidate in accordance with the above principles
and practices.'
Section 7-27-40.(a) The State Election Commission shall
make investigations, upon complaint by any individual, with
respect to alleged violations of any part of this chapter by any
candidate for elective office or by any organization making
expenditures on behalf of a candidate for elective office. All
complaints of alleged violations must be investigated by the
commission and a determination made thereon. If an alleged
violation is found to be groundless by the commission, the
entire matter must be stricken from public record. No
complaint may be accepted which is filed later than three years
after the alleged violation occurred.
(b) If, in the opinion of the commission, the complaining
party was motivated by malice or reason contrary to the spirit
of this chapter in filing the complaint without just cause, the
finding must be reported to appropriate law enforcement
authorities. Any person wilfully filing a complaint without just
cause or with malice is guilty of a misdemeanor and, upon
conviction, must be fined not more than one thousand dollars
or imprisoned for not more than six months, or both.
(c) Any person alleging violations of any part of this
chapter by any candidate for elective office or by any
organization making expenditures on behalf of a candidate for
elective office must file his complaint with the commission in
a confidential manner. If a complainant intentionally makes
public or causes to be made public the filing of a complaint, he
is guilty of a misdemeanor and, upon conviction, must be fined
not more than one thousand dollars or imprisoned for not more
than six months, or both.
(d) The commission shall conduct its investigations in the
following manner:
(1) When a complaint is filed with the commission, a
copy must be sent promptly to the person or organization
alleged to have committed the violation. If the commission
determines the complaint does not allege facts sufficient to
constitute a violation, the complaint must be dismissed and the
complainant and respondent notified. If the commission
determines the complaint does allege facts sufficient to
constitute a violation, it shall promptly investigate the alleged
violation utilizing the resources of other state agencies as it
may request. If after the preliminary investigation the
commission finds that probable cause exists to support an
alleged violation, it shall, as appropriate (i) render an advisory
opinion to the respondent and require the respondent's
compliance within a reasonable time, or (ii) convene a formal
hearing on the matter after reasonable notice. All commission
investigations and records, including the complaints of alleged
violations, relating to the preliminary investigation are
confidential.
(2) If a hearing is held, the respondent must be allowed
to examine and make copies of all evidence in the commission's
possession relating to the charges. At the hearing the charged
party must be afforded appropriate due process protection
consistent with Act 176 of 1977, including the right to be
represented by counsel, the right to call and examine witnesses,
the right to introduce exhibits, and the right to cross-examine
opposing witnesses. All hearings must be conducted in
executive session. Upon completion of its investigation and
any hearing, the commission may, where appropriate, issue a
cease and desist order to each respondent for each and every
separate violation of the provisions of this chapter or impose a
civil penalty not exceeding one thousand dollars upon each
respondent for each and every separate violation of the
provisions of this chapter or both. Failure to comply with a
cease and desist order of the commission shall subject the
respondent to contempt of court proceedings.
All actions taken by the commission on complaints, except
on alleged violations which are found to be groundless by the
commission, are a matter of public record.
(e) The commission shall issue, upon request, and publish
advisory opinions on the requirements of this chapter, based on
a real or hypothetical set of circumstances. Any opinion
rendered by the commission, until amended or revoked, is
binding on the commission in any subsequent charges
concerning the person who requested the opinion and who
acted in reliance on it in good faith, unless material facts were
omitted or misstated by the person in the request for the
opinion."
SECTION 2. The State Election Commission shall promulgate
regulations to implement the provisions of this act.
SECTION 3. This act takes effect upon approval by the
Governor.
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