H 4448 General Bill, By R.S. Corning and J.H. Hodges
 A Bill to amend Section 7-11-15, as amended, Code of Laws of South Carolina,
 1976, relating to qualifications of candidates in general elections, Section
 7-11-210, relating to notice of candidacy, and Section 7-13-40, as amended,
 relating to the date of party primaries, certification of names for primary
 ballots, and filing fees, so as to revise the primary date and related filing
 and certification dates and provide for a primary on the third Tuesday in
 August.

   02/25/92  House  Introduced and read first time HJ-10
   02/25/92  House  Referred to Committee on Judiciary HJ-10
   03/26/92  House  Committee report: Favorable with amendment
                     Judiciary HJ-6
   04/08/92  House  Objection by Rep. Harrelson, McLeod, Haskins, G.
                     Brown & Rudnick HJ-22

COMMITTEE REPORT

March 26, 1992

H. 4448

S. Printed 3/26/92--H.

Read the first time February 25, 1992.

To whom was referred a Bill (H. 4448), to amend Section 7-11-15, as amended, Code of Laws of South Carolina, 1976, relating to qualifications of candidates in General Elections, 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, Section 7-13-40, as contained in SECTION 3, p. 3, line 20, by striking /third/ and inserting /fourth/, so that, when amended Section 7-13-40 shall 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 fourth Tuesday in June August of each general election year and a second and third primary each two weeks successively thereafter after that date, if necessary. 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 July tenth, or if May first July tenth falls on a Sunday, not later than twelve o'clock noon on the following Monday. The filing fees for candidates whose names are on ballots to be voted on 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."/

Amend further, by adding an appropriately-numbered SECTION to read:

/SECTION ___. Section 7-13-350 of the 1976 Code is amended to read:

"Section 7-13-150. The nominees in a party primary or party convention held under the provisions of this title by any political party certified by the commission under this title for one or more of the offices, national, state, circuit, multi-county district, countywide, or less than countywide, to be voted on in the general election must be placed upon the appropriate ballot for the election as candidates nominated by party by the authority charged by law with preparing the ballot if the names of the nominees are certified by the political party chairman, vice-chairman, or secretary to the authority, for general elections held under Section 7-13-10, not later than twelve o'clock noon on September first eighteenth or, if September first eighteenth falls on Sunday, not later than twelve o'clock noon on the following Monday and for a special or municipal election, by at least twelve o'clock noon on the thirtieth day prior to the date of holding the election, or if the thirtieth day falls on Sunday, by twelve o'clock noon on the following Monday."/

Renumber SECTIONS to conform.

Amend title to conform.

DAVID H. WILKINS, for Committee.

A BILL

TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CANDIDATES IN GENERAL ELECTIONS, SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY, AND SECTION 7-13-40, AS AMENDED, RELATING TO THE DATE OF PARTY PRIMARIES, CERTIFICATION OF NAMES FOR PRIMARY BALLOTS, AND FILING FEES, SO AS TO REVISE THE PRIMARY DATE AND RELATED FILING AND CERTIFICATION DATES AND PROVIDE FOR A PRIMARY ON THE THIRD TUESDAY IN AUGUST.

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

SECTION 1. Section 7-11-15(1), (2), and (3) of the 1976 Code are amended to read:

"(1) Candidates seeking nomination by political party primary and political party convention for a statewide, congressional, or district office which includes more than one county, shall file their statement of candidacy with the State Executive Committee of their respective party between noon on April June sixteenth and noon on April June thirtieth and those. Candidates seeking nomination by political party primary and political party convention for the state Senate, or House of Representatives, or a countywide, or less than countywide office shall file their statement of candidacy with the county executive committee with their respective party between noon March sixteenth June first and noon March thirtieth; June fifteenth.

(2) Candidates seeking nomination by petition for a statewide, congressional, or district office which includes more than one county shall file their statement of candidacy with the State Election Commission between noon April June sixteenth and noon April June thirtieth;.

(3) those Candidates seeking nomination by petition for office of the state Senate, or House of Representatives, or a countywide, or less than countywide office shall file their statement of candidacy with the county election commission in the county of their residence between noon March sixteenth June first and noon March thirtieth June fifteenth."

SECTION 2. The first two paragraphs of Section 7-11-210 of the 1976 Code are amended to read:

"Every candidate for selection as a nominee of any a political party for any a state office, United States Senator, member of Congress, or solicitor, to be voted for in any a party primary election, shall file with and place in the possession of the treasurer of the state committee by twelve o'clock noon on April June thirtieth a notice or pledge in the following form, the blanks being properly filled in and the notice or pledge signed by the candidate: `I hereby file my notice as a candidate for the nomination as in the primary election to be held on . I affiliate with the Party, and I hereby pledge myself to abide by the results of the primary. and I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should if I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other another office for which a nominee has been elected in the party primary election, unless the nominee for any such the office has become deceased died or is otherwise disqualified for election in the ensuing General Election.'

Every candidate for selection in a primary election as the nominee of any a political party for members of the Senate, member of the and House of Representatives and all county and township offices shall file with and place in the possession of the county chairman or such other officer as may be named by the county committee of the county in which they reside by twelve o'clock noon on March thirtieth June fifteenth a like similar notice and pledge."

SECTION 3. Section 7-13-40 of the 1976 Code, as last amended by an act of 1992 bearing ratification number 260, 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 third Tuesday in June August of each general election year and a second and third primary each two weeks successively thereafter after that date, if necessary. 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 July tenth, or if May first July tenth falls on a Sunday, not later than twelve o'clock noon on the following Monday. The filing fees for candidates whose names are on ballots to be voted on 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 4. This act takes effect upon approval by the Governor.