H 4393 Session 113 (1999-2000)
H 4393 General Bill, By Jennings and Bales
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
7-13-365 SO AS TO PROVIDE THAT A WRITE-IN CANDIDATE MUST FILE A DECLARATION
STATING THAT HE IS A WRITE-IN CANDIDATE, AS WELL AS THE OFFICE HE IS SEEKING,
IN ORDER TO HAVE ANY WRITE-IN VOTES CAST FOR HIM COUNTED AND REPORTED AND
PROVIDE AN EXCEPTION; AND TO AMEND SECTION 7-13-360, RELATING TO WRITE-IN
NAMES ON A BALLOT, SO AS TO REQUIRE THAT WRITE-IN CANDIDATES COMPLY WITH THE
REQUIREMENTS OF SECTION 7-13-365.
01/05/00 House Prefiled
01/05/00 House Referred to Committee on Judiciary
01/11/00 House Introduced and read first time HJ-446
01/11/00 House Referred to Committee on Judiciary HJ-446
03/29/00 House Committee report: Favorable Judiciary HJ-5
04/04/00 House Read second time HJ-17
04/05/00 House Read third time and sent to Senate HJ-19
04/06/00 Senate Introduced and read first time SJ-11
04/06/00 Senate Referred to Committee on Judiciary SJ-11
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 29, 2000
H. 4393
Introduced by Reps. Jennings and Bales
S. Printed 3/29/00--H.
Read the first time January 11, 2000.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 4393), to amend the Code of Laws of South Carolina, 1976, by adding Section 7-13-365 so as to provide that a write-in candidate must file a declaration stating that he is a write-in candidate, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and recommend that the same do pass:
JAMES H. HARRISON, for Committee.
STATEMENT OF ESTIMATED FISCAL IMPACT
ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:
$0 (No additional expenditures or savings are expected)
ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:
$0 (No additional expenditures or savings are expected)
EXPLANATION OF IMPACT:
The State Election Commission forecasts no fiscal impact to the General Fund of the State should this proposed legislation be approved.
Approved By:
Don Addy
Office of State Budget
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE THAT A WRITE-IN CANDIDATE MUST FILE A DECLARATION STATING THAT HE IS A WRITE-IN CANDIDATE, AS WELL AS THE OFFICE HE IS SEEKING, IN ORDER TO HAVE ANY WRITE-IN VOTES CAST FOR HIM COUNTED AND REPORTED AND PROVIDE AN EXCEPTION; AND TO AMEND SECTION 7-13-360, RELATING TO WRITE-IN NAMES ON A BALLOT, SO AS TO REQUIRE THAT WRITE-IN CANDIDATES COMPLY WITH THE REQUIREMENTS OF SECTION 7-13-365.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 7-13-365. (A) If a person seeks election to any state or county office in this State by write-in vote, the person must file a declaration stating:
(1) that he is a write-in candidate; and
(2) the office he is seeking.
(B) This declaration, required by subsection (A), must be filed with the authority charged by law with the responsibility for conducting the election not later than 5:00 p.m., two weeks before the election. No write-in vote for this write-in candidate may be counted or reported unless the declaration required by this section is filed as provided. A person who offers as a candidate for nomination by political party, primary, or convention who fails to obtain this nomination is not eligible to be elected by write-in vote.
(C) The provisions of this section do not apply in a general election when no candidate offers for a seat when the deadline for filing for that seat has passed. A write-in candidate may be elected under the provisions of this subsection if he receives twenty percent of the votes cast for that office."
SECTION 2. Section 7-13-360 of the 1976 Code is amended to read:
"Section 7-13-360. The ballots shall also must contain a place for voters to write in the name of any other person for whom they wish to vote except on ballots for the election of the President and Vice President. No write-in vote for state or county office may be counted or reported unless the person for whom the vote is cast complies with the requirements of Section 7-13-365."
SECTION 3. This act takes effect upon approval by the Governor.
----XX---- |