S 14 Session 111 (1995-1996)
S 0014 General Bill, By T.W. Mitchell and Washington
Similar(H 3491)
A Bill to amend Sections 7-13-40 and 7-13-50, both as amended and Section
7-17-600, Code of Laws of South Carolina, 1976, relating to party primary
elections conducted by the State Election Commission, so as to require that
the nominee is the candidate receiving the most votes cast in excess of
forty-two and one-half percent of the votes cast for the office, reduce from a
majority to forty-two and one-half percent the percentage of voters voting in
a primary required to nominate a candidate, and provide that second primaries
must be held when no candidate receives forty-two and one-half percent or more
of the vote; and to repeal Section 7-17-610 relating to the determination of a
majority vote.
09/19/94 Senate Prefiled
09/19/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-14
01/10/95 Senate Referred to Committee on Judiciary SJ-14
A BILL
TO AMEND SECTIONS 7-13-40 AND 7-13-50, BOTH AS
AMENDED, AND SECTION 7-17-600, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARY
ELECTIONS CONDUCTED BY THE STATE ELECTION
COMMISSION, SO AS TO REQUIRE THAT THE NOMINEE IS
THE CANDIDATE RECEIVING THE MOST VOTES CAST IN
EXCESS OF FORTY-TWO AND ONE-HALF PERCENT OF THE
VOTES CAST FOR THE OFFICE, REDUCE FROM A
MAJORITY TO FORTY-TWO AND ONE-HALF PERCENT THE
PERCENTAGE OF VOTERS VOTING IN A PRIMARY
REQUIRED TO NOMINATE A CANDIDATE, AND PROVIDE
THAT SECOND PRIMARIES MUST BE HELD WHEN NO
CANDIDATE RECEIVES FORTY-TWO AND ONE-HALF
PERCENT OR MORE OF THE VOTE; AND TO REPEAL
SECTION 7-17-610 RELATING TO THE DETERMINATION OF
A MAJORITY VOTE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 7-13-40 of the 1976 Code, as last
amended by Section 134, Part II, Act 497 of 1994, is further
amended to read:
"Section 7-13-40. In the event that If a
party nominates candidates by party primary, a party primary must
be held by the party and conducted by the State Election
Commission and the respective county election commissions on the
second Tuesday in June of each general election year and a second
and third primary each two weeks successively thereafter, if
necessary. The nominee is the candidate receiving the most
votes in excess of forty-two and one-half percent of the votes cast
for the office for which the candidate offered. If no candidate
receives at least forty-two and one-half percent of the votes in the
first primary as required by Section 7-17-600, a second primary
must be held. Certification of the names of all candidates to be
placed on primary ballots must be made by the political party
chairman, vice chairman, or secretary to the State Election
Commission or the county election commission, whichever is
responsible under law for preparing the ballot, not later than twelve
o'clock noon on May first, or if May first falls on a Sunday, not
later than twelve o'clock noon on the following Monday. The
filing fees for all candidates filing to run in all primaries, except
municipal primaries, must be transmitted by the respective political
parties to the State Election Commission and placed by the
executive director of the commission in a special account designated
for use in conducting the primaries and must be used for that
purpose. The filing fee for each office is one percent of the total
salary for the term of that office or one hundred dollars, whichever
amount is greater."
SECTION 2. Section 7-13-50 of the 1976 Code, as last
amended by Act 253 of 1992, is further amended to read:
"Section 7-13-50. (A) A second primary, when
necessary, must be held two weeks after the first and is subject to
the rules governing the first primary. At the second primary the
two candidates among those who do not withdraw their candidacies
and who received more votes in the first primary than any other
remaining candidate alone shall run for any one office and
if. If only one candidate remains, he is
considered nominated, except that if there are two or more
vacancies for any particular office, the number of candidates must
be double the number of vacancies to be filled if so many
candidates remain.
(B) (1) In all second primaries the candidate
receiving the largest number of votes cast for a given office must
be declared the nominee for the office whether or not he has
received a majority of the votes cast for that office, and when.
(2) When there are several candidates for
several different offices, then the several candidates receiving the
largest number of votes for the several positions are considered as
nominated for the offices whether or not they received a
majority of the votes cast.
(C) Other primaries, if necessary, must be ordered in a
similar manner by the county election commission or the State
Election Commission, as appropriate."
SECTION 3. Section 7-17-600 of the 1976 Code is amended to
read:
"Section 7-17-600. No candidate shall be declared
nominated in a first primary election unless he received a
majority A candidate may not be declared nominated unless
he receives the most votes cast in excess of forty-two and one-half
percent of the votes cast for the office for which he was a
candidate. The question of a majority percentage
vote shall must be determined by the number of
votes cast for any a particular office and not by the
whole number of votes cast in the primary."
SECTION 4. Section 7-17-610 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the
Governor.
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