H*4129(Rat #0312, Act #0289 of 1992)  General Bill, By J.T. McElveen
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 5-15-145 so as to authorize municipalities to transfer authority for
 conducting municipal elections to the county elections commission and
 authorize county elections commissions to conduct municipal elections, and as
 a condition of the transfer of this authority the governing bodies of the
 municipality and the county must agree to the terms of the transfer and enact
 ordinances embodying the terms of that agreement; to provide for 1992 only the
 dates for filing of all candidates seeking nomination by political party
 primary, political party convention, or petition is between noon June first
 and noon June twenty-fifth; notwithstanding the provisions of Section 7-11-210
 for 1992 only the date for filing the notice of candidacy and pledge is by
 noon June twenty-fifth; notwithstanding the provisions of Section 7-13-40 for
 1992 only the date for primary elections is the fourth Tuesday in August; to
 change for 1992 only the dates for filing for office, filing the notice of
 candidacy, and the date for primary elections for candidates for school board
 whose primary elections coincide with the general primary election established
 by Section 7-13-40; for 1992 only to provide that if run-off primary elections
 are necessary they must be held on September 8, 1992, notwithstanding the
 provisions of Section 7-13-350 the results of all elections must be certified
 to the appropriate election commissioners by 12:00 noon on September 18,
 1992.-amended title

   01/14/92  House  Introduced and read first time HJ-190
   01/14/92  House  Referred to Committee on Judiciary HJ-191
   02/19/92  House  Committee report: Favorable with amendment
                     Judiciary HJ-11
   02/26/92  House  Amended HJ-48
   02/26/92  House  Read second time HJ-48
   02/27/92  House  Amended HJ-16
   02/27/92  House  Debate interrupted HJ-16
   02/27/92  House  Read third time and sent to Senate HJ-18
   03/03/92  Senate Introduced and read first time SJ-7
   03/03/92  Senate Referred to Committee on Judiciary SJ-7
   03/10/92  Senate Recalled from Committee on Judiciary SJ-3
   03/10/92  Senate Amended SJ-4
   03/10/92  Senate Read second time SJ-4
   03/10/92  Senate Unanimous consent for third reading on next
                     legislative day SJ-4
   03/11/92  Senate Read third time and returned to House with
                     amendments SJ-21
   03/11/92  Senate Reconsidered SJ-21
   03/11/92  Senate Amended SJ-21
   03/11/92  Senate Read third time and returned to House with
                     amendments SJ-21
   03/11/92  House  Concurred in Senate amendment and enrolled HJ-49
   03/12/92         Ratified R 312
   03/12/92         Signed By Governor
   03/12/92         Effective date 03/12/92
   03/12/92         Act No. 289
   04/07/92         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-145 SO AS TO AUTHORIZE MUNICIPALITIES TO TRANSFER AUTHORITY FOR CONDUCTING MUNICIPAL ELECTIONS TO THE COUNTY ELECTIONS COMMISSION AND AUTHORIZE COUNTY ELECTIONS COMMISSIONS TO CONDUCT MUNICIPAL ELECTIONS, AND AS A CONDITION OF THE TRANSFER OF THIS AUTHORITY THE GOVERNING BODIES OF THE MUNICIPALITY AND THE COUNTY MUST AGREE TO THE TERMS OF THE TRANSFER AND ENACT ORDINANCES EMBODYING THE TERMS OF THAT AGREEMENT; TO PROVIDE FOR 1992 ONLY THE DATES FOR FILING OF ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, POLITICAL PARTY CONVENTION, OR PETITION IS BETWEEN NOON JUNE FIRST AND NOON JUNE TWENTY-FIFTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-11-210 FOR 1992 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE IS BY NOON JUNE TWENTY-FIFTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-40 FOR 1992 ONLY THE DATE FOR PRIMARY ELECTIONS IS THE FOURTH TUESDAY IN AUGUST; TO CHANGE FOR 1992 ONLY THE DATES FOR FILING FOR OFFICE, FILING THE NOTICE OF CANDIDACY, AND THE DATE FOR PRIMARY ELECTIONS FOR CANDIDATES FOR SCHOOL BOARD WHOSE PRIMARY ELECTIONS COINCIDE WITH THE GENERAL PRIMARY ELECTION ESTABLISHED BY SECTION 7-13-40; FOR 1992 ONLY TO PROVIDE THAT IF RUN-OFF PRIMARY ELECTIONS ARE NECESSARY THEY MUST BE HELD ON SEPTEMBER 8, 1992, NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-350 THE RESULTS OF ALL ELECTIONS MUST BE CERTIFIED TO THE APPROPRIATE ELECTION COMMISSIONERS BY 12:00 NOON ON SEPTEMBER 18, 1992.

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

Municipalities may transfer authority

SECTION 1. The 1976 Code is amended by adding:

"Section 5-15-145. (A) Municipalities are authorized to transfer authority for conducting municipal elections to the county elections commission. County elections commissions are authorized to conduct municipal elections.

(B) As a condition of the transfer of authority to conduct elections pursuant to this section, the governing bodies of the municipality and the county must agree to the terms of the transfer and enact ordinances embodying the terms of that agreement. The municipal ordinance must state what authority is being transferred and the county ordinance must accept the authority being transferred."

1990 Census adopted

SECTION 2. Section 1-1-730 of the 1976 Code is amended to read:

"Section 1-1-730. The United States Census of 1990 is adopted as the true and correct enumeration of the inhabitants of this State, and of the several counties, municipalities, and other political subdivisions of this State."

Filing dates changed for 1992

SECTION 3. Notwithstanding the provisions of Section 7-11-15 of the 1976 Code, for 1992 only, the dates for filing for all candidates seeking nomination by a political party primary, political party convention, or petition is between noon June first and noon June twenty-fifth.

Date for filing notice of candidacy changed for 1992

SECTION 4. Notwithstanding the provisions of Section 7-11-210 of the 1976 Code, for 1992 only, the date for filing the notice of candidacy and pledge is by noon on June twenty-fifth.

Primary election date changed for 1992

SECTION 5. Notwithstanding the provisions of Section 7-13-40, Code of Laws of South Carolina, 1976, for 1992 only, the date for primary elections is the fourth Tuesday in August.

School board elections changed for 1992

SECTION 6. Notwithstanding any other provision of law, for candidates for school board whose primary elections coincide with the general primary election established by Section 7-13-40 of the 1976 Code:

(1) for 1992 only, the dates for filing for all candidates seeking nomination by a political party primary, political party convention, or petition is between noon June first and noon June twenty-fifth;

(2) for 1992 only, the date for filing the notice of candidacy and pledge is by noon on June twenty-fifth; and

(3) for 1992 only, the date for primary elections is the fourth Tuesday in August.

Run-off election dates changed for 1992

SECTION 7. For elections held in 1992 only, if run-off primary elections are necessary they must be held on September 8, 1992. Notwithstanding the provisions of Section 7-13-350, Code of Laws of South Carolina, 1976, the results of all elections must be certified to the appropriate state or county election commissioners by 12:00 noon on September 18, 1992.

Time effective

SECTION 8. This act takes effect upon approval by the Governor.

In the Senate House March 12, 1992.

Nick A. Theodore,

President of the Senate

Robert J. Sheheen,

Speaker of the House of

Representatives

Approved the 12th day of March, 1992.

Carroll A. Campbell, Jr.,

Governor

Printer's Date -- March 26, 1992 -- S.