H 3067 General Bill, By Clemmons, Brady, M.A. Pitts, Merrill, Wylie, Bingham, 
Viers, Harrell, Owens, Nanney and Bedingfield
 A BILL TO AMEND SECTION 7-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO METHODS OF NOMINATING CANDIDATES, SO AS TO PROHIBIT A CANDIDATE
 FROM FILING MORE THAN ONE STATEMENT OF INTENTION OF CANDIDACY FOR A SINGLE
 ELECTION, AND TO PROHIBIT A CANDIDATE FROM BEING NOMINATED BY MORE THAN ONE
 POLITICAL PARTY FOR A SINGLE OFFICE IN AN ELECTION; AND TO AMEND SECTION
 7-13-320, RELATING TO BALLOTS AND SPECIFICATIONS, SO AS TO PROHIBIT A
 CANDIDATE'S NAME FROM APPEARING ON THE BALLOT MORE THAN ONCE.

   12/09/08  House  Prefiled
   12/09/08  House  Referred to Committee on Judiciary
   01/13/09  House  Introduced and read first time HJ-40
   01/13/09  House  Referred to Committee on Judiciary HJ-41
   02/04/09  House  Committee report: Favorable with amendment
                     Judiciary HJ-6
   02/05/09  House  Member(s) request name added as sponsor: Viers
   02/10/09  House  Member(s) request name added as sponsor: Harrell
   02/10/09  House  Requests for debate-Rep(s). Cobb-Hunter, Young,
                     Harrison, JE Smith, Loftis, Allison, Parker,
                     Kelly, R Brown, Erickson, Horne, Clemmons, JH
                     Neal, King, Kennedy, Hosey, Clyburn, Hayes, GR
                     Smith, DC Smith and JR Smith HJ-31
   02/12/09  House  Member(s) request name added as sponsor: Owens
   02/18/09  House  Member(s) request name added as sponsor: Nanney,
                     Bedingfield
   02/18/09  House  Debate interrupted HJ-31
   02/24/09  House  Debate adjourned until Wednesday, February 25,
                     2009 HJ-34
   02/26/09  House  Debate adjourned HJ-20
   02/26/09  House  Amended HJ-120
   02/26/09  House  Read second time HJ-132
   02/26/09  House  Roll call Yeas-61  Nays-7 HJ-132
   02/26/09  House  Motion to reconsider tabled HJ-132
   03/03/09  House  Read third time and sent to Senate HJ-17
   03/03/09  House  Roll call Yeas-71  Nays-41 HJ-17
   03/04/09  Senate Introduced and read first time SJ-14
   03/04/09  Senate Referred to Committee on Judiciary SJ-14
   03/13/09  Senate Referred to Subcommittee: Campsen (ch), Cleary, Scott
   05/05/10  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Judiciary

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 5, 2010

H. 3067

Introduced by Reps. Clemmons, Brady, M.A. Pitts, Merrill, Wylie, Bingham, Viers, Harrell, Owens, Nanney and Bedingfield

S. Printed 5/5/10--S.

Read the first time March 4, 2009.

To whom was referred a Bill (H. 3067) to amend Section 7-11-10, Code of Laws of South Carolina, 1976, relating to methods of nominating candidates, so as to prohibit a candidate from filing, etc., respectfully

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking SECTIONS 3 through 9 in their entirety.

To further amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/            SECTION    ___.    This act takes effect on January 1, 2011.            /

Renumber sections to conform.

Amend title to conform.

Majority favorable.    Minority unfavorable.

GEORGE E. CAMPSEN III    C. BRADLEY HUTTO

For Majority.    For Minority.

EXPLANATION OF IMPACT:

A review of this bill, as amended, by the State Election Commission indicates there will be a cost to the General Fund of the State of approximately $110,000 for changes in training and education materials, and to provide education to county election officials, poll managers and voters.

SPECIAL NOTES:

The State Election Commission requests funding for primary and statewide general elections, and if this bill is enacted, these additional expenditures would be included as part of the agency's budget request.

Approved By:

Harry Bell

Office of State Budget

TO AMEND SECTION 7-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF NOMINATING CANDIDATES, SO AS TO PROHIBIT A CANDIDATE FROM FILING MORE THAN ONE STATEMENT OF INTENTION OF CANDIDACY FOR A SINGLE ELECTION, AND TO PROHIBIT A CANDIDATE FROM BEING NOMINATED BY MORE THAN ONE POLITICAL PARTY FOR A SINGLE OFFICE IN AN ELECTION; AND TO AMEND SECTION 7-13-320, RELATING TO BALLOTS AND SPECIFICATIONS, SO AS TO PROHIBIT A CANDIDATE'S NAME FROM APPEARING ON THE BALLOT MORE THAN ONCE.

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

SECTION    1.    Section 7-11-10 of the 1976 Code is amended to read:

"Section 7-11-10.    (A)    Nominations for candidates for the offices to be voted on in a general or special election may be by political party primary, by political party convention or by petition; provided, no that a person who was defeated as a candidate for nomination to an office in a party primary or party convention shall may not have his name placed on the ballot for the ensuing general or special election, except that this proviso shall does not prevent a defeated candidate from later becoming his party's nominee for that office in that election if the candidate first selected as the party's nominee dies, resigns, is disqualified, or otherwise ceases to become the party's nominee for such the office before the election is held.

(B)    A candidate may not file more than one statement of intention of candidacy for a single election.

(C)    A candidate may not be nominated by more than one political party for a single office for the same election."

SECTION    2.    Section 7-13-320(D) of the 1976 Code is amended to read:

"(D)     The names of candidates offering for any other another office shall must be placed in the proper place on the appropriate ballot, stating whether it is a state, congressional, legislative, county, or other office. A candidate's name may not appear on the ballot more than once for any single office for the same election."

SECTION    3.    Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-1115.    (A)    In order to be certified as part of the total number of votes cast, a ballot must indicate a vote cast for a single candidate. A vote, with the exception of a vote for electors for President of the United States and Vice President of the United States pursuant to Section 7-13-1320, may not be cast for a political party.

(B)    A ballot that does not contain an individual vote for a single candidate for a single office, whether indicated on the ballot or as a write in, must be considered improperly marked as to that office only."

SECTION    4.    Section 7-13-330 of the 1976 Code, as amended by Act 236 of 2000, is further amended to read:

"Section 7-13-330.    The arrangement of general election ballots containing the names of candidates for office must conform as nearly as possible to the following plan, with a column or columns added in case of nomination by petition and a blank column added for write-in votes, and must contain the specified instructions there set forth and no other:

GENERAL ELECTION OFFICIAL BALLOT

No. ______ ________ COUNTY, SOUTH CAROLINA

November ___, _____

________________

Initials of Issuing Officer

OFFICIAL BALLOT

GENERAL ELECTION

__________ __________ County, South Carolina

November ___, _____

Precinct __________

INSTRUCTIONS--To vote a straight party ticket, make a cross (X) in the circle (O) under the name of your party. Nothing further need or should be done. To vote a mixed ticket, or in other words for candidates of different parties or petition candidates, omit making a cross (X) mark in the party circle at the top and make a cross (X) in the voting square [ ] opposite the name of each candidate on the ballot for whom you wish to vote. Only those candidates for whom the voting square is marked shall receive a vote. If you wish to vote for a candidate not on any ticket, write or place the name of such candidate on your ticket opposite the name of the office. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside of the ballot.

Nomination by

Name of Party            Name of Party        Petition

Names of Office            0                                0

------------------------------------------------------------------

STATE            Governor                Governor                Governor

Governor            [ ] Name of            [ ] Name of            [ ] Name of

Candidate            Candidate            Candidate

------------------------------------------------------------------

Lieutenant        Lieut. Governor    Lieut. Governor    Lieut. Governor

Governor            [ ] Name of             [ ] Name of            [ ] Name of

Candidate            Candidate            Candidate

------------------------------------------------------------------

Secretary of        Sec. of State        Sec. of State        Sec. of State

State                [ ] Name of            [ ] Name of            [ ] Name of

Candidate            Candidate            Candidate

------------------------------------------------------------------

CONGRES-    U.S. Senator        U.S. Senator        U.S. Senator

SIONAL            [ ] Name of            [ ] Name of            [ ] Name of

Senator            Candidate            Candidate            Candidate

------------------------------------------------------------------

RepresentativeU.S. Repre-        U.S. Repre-            U.S. Repre-

in Congress        sentative                sentative                sentative

[ ] Name of            [ ] Name of            [ ] Name of

District            Candidate            Candidate            Candidate "

SECTION    5.    Section 7-13-1340 of the 1976 Code, as last amended by Act 223 of 2006, is further amended to read:

"Section 7-13-1340.    A vote recorder or optical scan voting device must not be adopted or used unless it:

(a)    provides facilities for voting for the candidates as may be nominated and upon the questions as may be submitted;

(b)    permits each elector, at other than primaries, to vote a straight party or body ticket, in one operation; and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which the elector votes for individual candidates;

(c)    permits each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;

(d)(c)    permits each elector to vote, at any election, for any person and for any office for whom and for which the elector is lawfully entitled to vote, whether or not the name of the person or persons appears upon a ballot label as a candidate for election, and to vote for as many persons for an office as the elector is entitled to vote for, and to vote for or against any question upon which the elector is entitled to vote;

(e)(d)    precludes, when used in conjunction with a tabulating machine, the counting of votes for any candidate, or upon any question, for whom or upon which an elector is not entitled to vote, and precludes the counting of votes for more persons for any office than the elector is entitled to vote for or for fewer than the elector is required to vote for, and precludes the counting of votes for any candidate for the same office or upon any question more than once;

(f)(e)    permits voting in absolute secrecy, so that a person shall not see or know for whom any other elector has voted or is voting, except an elector whom the person has assisted or is assisting in voting, as prescribed by law;

(g)(f)    is constructed of material of good quality, in a neat and workmanlike manner;

(h)(g)    records, when properly operated, correctly and accurately every vote cast;

(i)(h)    is constructed so that an elector may readily learn the method of operating it;

(j)(i)    is safely transportable; and

(k)(j)    if approved after July 1, 1999, or if an upgrade in software, hardware, or firmware is submitted for approval as required by Section 7-13-1330(C), is able to electronically transmit vote totals for all elections to the State Election Commission in a format and time frame specified by the commission."

SECTION    6.    Section 7-15-360 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:

"Section 7-15-360.    The board of registration of each county must be furnished by the commissioners of election of the county or the county committee for each political party holding a primary, a sufficient number of ballots and envelopes not to exceed fifteen percent of the number of registered voters in that county to enable the board of registration to deliver these materials to qualified electors who desire to vote by absentee ballot. If an absentee ballot is not available at the time the voter requests it, the board of registration must provide a blank ballot to allow the voter to write in his: (1) selections of candidates; (2) selection of party, if he wishes to vote a straight party ticket; and (3) support or opposition of any ballot measure.

SECTION    7.    Section 7-15-365 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:

"Section 7-15-365.    The board of registration of each county must be furnished by the municipal election commission of each municipality holding an election or the executive committee of a municipal party holding a primary, a sufficient number of ballots, envelopes, and instructions to the absentee voter not to exceed fifteen percent of the number of registered voters in the municipality and sufficient postage to enable the board of registration to deliver materials to qualified electors desiring to vote by absentee ballot. The envelope required by item (4) of Section 7-15-370 must bear the return address of the county board of registration. If an absentee ballot is not available at the time the voter requests it, the board of registration must provide a blank ballot to allow the voter to write in his: (1) selections of candidates; (2) selection of party, if he wishes to vote a straight party ticket; and (3) support or opposition of any ballot measure."

SECTION    8.    The last paragraph of Section 7-15-370 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:

"If absentee ballots are not available at the time the voter requests one, the board of registration must provide a blank ballot to allow the voter to write in his: (1) selections of candidates; (2) selection of party, if he wishes to vote straight party ticket; and (3) support or opposition of any ballot measure."

SECTION    9.    This act takes effect upon approval by the Governor.