S 1404 Session 111 (1995-1996)
S 1404 General Bill, By Wilson and Saleeby
A Bill to amend Section 7-11-15, as amended, Code of Laws of South Carolina,
1976, relating to the filing of a statement of intention of candidacy to
qualify as a candidate to run in the General Election, so as to require that
all candidates must file the statement with the county election commission of
the county in which they reside instead of the county executive committee or
state executive committee of their respective party.
04/30/96 Senate Introduced and read first time SJ-8
04/30/96 Senate Referred to Committee on Judiciary SJ-8
A BILL
TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
FILING OF A STATEMENT OF INTENTION OF CANDIDACY
TO QUALIFY AS A CANDIDATE TO RUN IN THE GENERAL
ELECTION, SO AS TO REQUIRE THAT ALL CANDIDATES
MUST FILE THE STATEMENT WITH THE COUNTY
ELECTION COMMISSION OF THE COUNTY IN WHICH THEY
RESIDE INSTEAD OF THE COUNTY EXECUTIVE
COMMITTEE OR STATE EXECUTIVE COMMITTEE OF
THEIR RESPECTIVE PARTY.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 7-11-15 of the 1976 Code, as last
amended by Act 226 of 1996, is further amended to read:
"Section 7-11-15. (A) In order to qualify as a
candidate to run in the general election, all candidates seeking
nomination by political party primary or political party convention
must file a statement of intention of candidacy between noon on
March sixteenth and noon on March thirtieth as provided in this
section.
(1) Candidates seeking nomination for a statewide,
congressional, or district office which includes more than one
county shall file their statements of intention of candidacy with the
State Executive Committee of their respective party
county election commission in the county of their
residence.
(2) Candidates seeking nomination for the state Senate or
House of Representatives must file their statements of intention of
candidacy with the county executive committee of their
respective party election commission in the county of
their residence. The county committees election
commissions must, within five days of the receipt of the
statements, transmit them along with the applicable filing fees to the
respective State Executive Committees. Provided, however, the
county committees election commissions must
report all filings to the state committees no later than five p.m. on
March thirtieth. The State Executive Committees must certify
candidates pursuant to Section 7-13-40.
(3) Candidates seeking nomination for a countywide or less
than countywide office shall file their statements of intention of
candidacy with the county executive committee of their
respective party election commission in the county of their
residence.
(B) Except as provided herein in this
section, the county executive committee of any political
party election commission with whom statements of
intention of candidacy are filed must file, in turn, all statements of
intention of candidacy with the county election commission
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 legal holiday, the
statements must be filed by noon the following day. The State
Executive Committee of any political party with whom statements
of intention of candidacy are filed must file, in turn, all the
statements of intention 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 legal 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, general election
ballot, or special election ballot, except as otherwise provided by
law, if the candidate's statement of intention of candidacy has not
been filed with the county election commission or State Election
Commission, as the case may be, by the deadline. The candidate's
name must appear if the candidate produces the signed and dated
copy of his timely filed statement of intention of candidacy.
(C) The statement of intention of candidacy required
in this section and in Section 7-13-190(B) must be on a form
designed and provided by the State Election Commission. It must
be filed in triplicate by the candidate, and the political party
committee with whom it is filed must stamp it with the date and
time received, sign it, keep one copy, return one copy to the
candidate, and send one copy to either the county election
commission or the State Election Commission, as the case may be.
(D) If, after the closing of the time for filing
statements of intention 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.
(E) 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 2. This act takes effect upon approval by the
Governor.
-----XX----- |