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H 3147
Session 110 (1993-1994)


H 3147 General Bill, By R.S. Corning, J.J. Bailey, R.A. Barber, D.W. Beatty, 
Cato, H.H. Clyborne, Davenport, R.C. Fulmer, S.E. Gonzales, H.M. Hallman, 
Harrell, Harrison, J.H. Hodges, D.N. Holt, W.S. Houck, M.F. Jaskwhich, Lanford, 
Littlejohn, Meacham, Quinn, Richardson, Riser, T.F. Rogers, J.S. Shissias, 
Simrill, D. Smith, P.H. Thomas, Vaughn, C.Y. Waites, Walker, D.A. Wright, 
Young-Brickell and R.M. Young
 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, Section 7-13-40, as amended,
 relating to the date of party primaries, certification of names for primary
 ballots, and filing fees, and Section 7-13-350, relating to placing the name
 of certified candidates on the ballot nominated by petition, primary, or
 convention, so as to revise the primary date and related filing and
 certification dates and provide for a primary on the fourth Tuesday in AugustNext.

   01/14/93  House  Introduced and read first time HJ-18
   01/14/93  House  Referred to Committee on Judiciary HJ-18
   02/09/93  House  Committee report: Majority favorable with amend.,
                     minority unfavorable Judiciary HJ-5
   02/11/93  House  Debate adjourned until Tuesday, February 16, 1993 HJ-24
   02/16/93  House  Debate adjourned until Wednesday, February 17,
                     1993 HJ-20
   03/08/93  House  Debate adjourned until Tuesday, March 9, 1993 HJ-17
   03/09/93  House  Debate adjourned until Wednesday, March 10, 1993 HJ-13
   03/31/93  House  Amended HJ-25
   03/31/93  House  Read second time HJ-34
   03/31/93  House  Roll call Yeas-086 HJ-34
   04/01/93  House  Read third time and sent to Senate HJ-134
   04/06/93  Senate Introduced and read first time SJ-10
   04/06/93  Senate Referred to Committee on Judiciary SJ-11



Indicates Matter Stricken
Indicates New Matter

AMENDED

March 31, 1993

H. 3147

Introduced by REPS. Corning, Hallman, Fulmer, Quinn, Clyborne, Jaskwhich, Holt, Barber, A. Young, Davenport, Richardson, Cato, Shissias, Harrison, Hodges, D. Smith, Vaughn, Riser, Beatty, J. Bailey, Gonzales, Littlejohn, Houck, Lanford, R. Young, Meacham, Harrell, Simrill, Rogers, Walker, Thomas, Wright and Waites

S. Printed 3/31/93--H.

Read the first time January 14, 1993.

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, SECTION 7-13-40, AS AMENDED, RELATING TO THE DATE OF PARTY PRIMARIES, CERTIFICATION OF NAMES FOR PRIMARY BALLOTS, AND FILING FEES, AND SECTION 7-13-350, RELATING TO PLACING THE NAME OF CERTIFIED CANDIDATES ON THE BALLOT NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO REVISE THE PRIMARY DATE AND RELATED FILING AND CERTIFICATION DATES AND PROVIDE FOR A PRIMARY ON THE FOURTH TUESDAY IN PreviousAUGUSTNext.

Amend Title To Conform

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 May sixteenth and noon on April May 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 May sixteenth and noon March thirtieth; May thirtieth.

(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 May sixteenth and noon April May 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 May sixteenth and noon March thirtieth May thirtieth."

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 May 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 May thirtieth a like similar notice and pledge."

SECTION 3. Section 7-13-40 of the 1976 Code, as last amended by Act 253 of 1992, 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 first Tuesday after the first Monday in June PreviousAugust 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 June tenth, or if May first June 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.

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