S*0065(Rat #0421, Act #0003 of 2003)  General Bill, By Mescher, Reese and 
Branton
 A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS,
 SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A CANDIDATE'S NAME
 MAY NOT APPEAR ON THE BALLOT; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING
 TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE THE
 CONDITIONS UNDER WHICH SPECIAL ELECTIONS TO FILL A VACANCY IN AN OFFICE ARE
 NOT REQUIRED; AND TO AMEND SECTION 7-13-350, AS AMENDED, RELATING TO
 CERTIFICATION OF CANDIDATES AND VERIFICATION OF QUALIFICATIONS, SO AS TO
 REVISE THE DATES BY WHICH CANDIDATES FOR PRESIDENT AND VICE PRESIDENT MUST BE
 CERTIFIED.-amended title

   01/10/01  Senate Introduced and read first time SJ-29
   01/10/01  Senate Referred to Committee on Judiciary SJ-29
   03/28/01  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Judiciary SJ-14
   02/28/02  Senate  Minority report withdrawn SJ-42
   02/28/02  Senate Amended SJ-42
   02/28/02  Senate Read second time SJ-42
   02/28/02  Senate Ordered to third reading with notice of
                     amendments SJ-42
   03/07/02  Senate Amended SJ-20
   03/07/02  Senate Read third time and sent to House SJ-20
   03/12/02  House  Introduced and read first time HJ-118
   03/12/02  House  Referred to Committee on Judiciary HJ-118
   05/21/02  House  Recalled from Committee on Judiciary HJ-53
   05/22/02  House  Amended HJ-67
   05/22/02  House  Read second time HJ-69
   05/23/02  House  Read third time and returned to Senate with
                     amendments HJ-14
   05/28/02  Senate House amendment amended SJ-46
   05/28/02  Senate Returned to House with amendments SJ-46
   05/29/02  House  Concurred in Senate amendment and enrolled HJ-123
   06/04/02         Ratified R 421
   01/16/03         Became law without Governor's signature
   02/06/03         Act No. 3

AN ACT TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A CANDIDATE'S NAME MAY NOT APPEAR ON THE BALLOT; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH SPECIAL ELECTIONS TO FILL A VACANCY IN AN OFFICE ARE NOT REQUIRED; AND TO AMEND SECTION 7-13-350, AS AMENDED, RELATING TO CERTIFICATION OF CANDIDATES AND VERIFICATION OF QUALIFICATIONS, SO AS TO REVISE THE DATES BY WHICH CANDIDATES FOR PRESIDENT AND VICE PRESIDENT MUST BE CERTIFIED.

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

When candidate's name may not appear on ballot

SECTION 1. Section 7-11-15 of the 1976 Code, as last amended by Act 236 of 2000, is further amended to read:

"Section 7-11-15. 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 that includes more than one county must file their statements of intention of candidacy with the state executive committee of their respective party.

(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 in the county of their residence. The county committees must, within five days of the receipt of the statements, transmit the statements along with the applicable filing fees to the respective state executive committees. However, the county committees 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.

Except as provided herein, the county executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all statements of intention of candidacy with the county 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 (1) 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 and (2) the candidate has not been certified by the appropriate political party as required by Sections 7-13-40 and 7-13-350, as applicable. The candidate's name must appear if the candidate produces the signed and dated copy of his timely filed statement of intention of candidacy.

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. This form, in addition to all other information, must contain an affirmation that the candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. 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.

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; however, for the office of State House of Representatives or State Senator, the discretion must be exercised by the state committee.

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."

Special election not required to fill vacancy

SECTION 2. Section 7-13-190 of the 1976 Code, as last amended by Act 412 of 1998, is further amended by adding:

"(E)(1) A special election to fill a vacancy in an office is not required to be conducted if fourteen calendar days have elapsed since the filing period for that office has closed and:

(a) only one person has filed for the office; and

(b) no person has filed a declaration to be a write-in candidate with the authority charged by law with conducting the election.

(2) In such an event, the candidate who filed for the office is deemed elected and shall take office on the Monday following certification.

(3) The provisions of this subsection also apply to municipal general elections.

When no person has filed a declaration to be a write-in candidate pursuant to this section, the candidate who filed for the office must be declared the winner by the authority charged by law with conducting the election, and the votes for the election must not be counted or otherwise tabulated. Nothing in this section requires a ballot containing the name of a person who has been declared the winner pursuant to this section to be reprinted to delete the winning candidate's name or candidates' names from the ballot."

Certification of candidates for president and vice president

SECTION 3. Section 7-13-350(B) of the 1976 Code, as last amended by Act 392 of 2000, is further amended to read:

"(B) Candidates for President and Vice President must be certified not later than twelve o'clock noon on September tenth to the State Election Commission, or if September tenth falls on Sunday, not later than twelve o'clock noon on the following Monday."

Time effective

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

Ratified the 4th day of June, 2002.

Became law without the signature of the Governor -- 1/16/03.