S 357 Session 112 (1997-1998)
S 0357 General Bill, By Saleeby and Wilson
A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO STATEMENTS OF INTENTION OF CANDIDACY, SO AS TO PROVIDE THAT IF A
FILING DATE FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THESE DATES SHALL
BEGIN OR END, AS APPROPRIATE, ON THE NEXT DAY WHICH IS NOT A SATURDAY, SUNDAY,
OR LEGAL HOLIDAY, AND TO FURTHER PROVIDE FOR THE FILING REPOSITORY FOR THESE
STATEMENTS; TO AMEND 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO
AS TO CHANGE THE FILING REPOSITORIES FOR THESE ITEMS; TO AMEND SECTION
7-13-40, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO REQUIRE THAT
PARTIES NOMINATING CANDIDATES BY PARTY PRIMARY MUST VERIFY QUALIFICATIONS OF
THOSE CANDIDATES PRIOR TO CERTIFICATION; TO AMEND SECTION 7-13-45, RELATING TO
FILING AS A CANDIDATE, SO AS TO PROVIDE WHERE PERSONS MAY FILE AS CANDIDATES;
AND TO AMEND SECTION 7-13-350, RELATING TO CERTIFIED CANDIDATES NOMINATED BY
PETITION, PRIMARY, OR CONVENTION, SO AS TO PROVIDE THAT POLITICAL PARTIES
NOMINATING CANDIDATES BY PRIMARY OR CONVENTION MUST VERIFY THE QUALIFICATIONS
OF THOSE CANDIDATES PRIOR TO CERTIFICATION TO THE AUTHORITY CHARGED BY LAW
WITH PREPARING THE BALLOT.
02/12/97 Senate Introduced and read first time SJ-5
02/12/97 Senate Referred to Committee on Judiciary SJ-5
03/19/97 Senate Committee report: Favorable with amendment
Judiciary SJ-11
04/08/97 Senate Amended SJ-12
04/08/97 Senate Read second time SJ-12
04/08/97 Senate Ordered to third reading with notice of
amendments SJ-12
04/10/97 Senate Amended SJ-24
04/10/97 Senate Read third time and sent to House SJ-24
04/10/97 Senate Reconsidered SJ-24
04/15/97 Senate Amended SJ-20
04/15/97 Senate Read third time and sent to House SJ-20
04/16/97 House Introduced and read first time HJ-18
04/16/97 House Referred to Committee on Judiciary HJ-19
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
April 15, 1997
S. 357
Introduced by Senators Saleeby and Wilson
S. Printed 4/15/97--S.
Read the first time February 12, 1997.
A BILL
TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO STATEMENTS OF
INTENTION OF CANDIDACY, SO AS TO PROVIDE THAT IF A
FILING DATE FALLS ON A SATURDAY, SUNDAY, OR LEGAL
HOLIDAY, THESE DATES SHALL BEGIN OR END, AS
APPROPRIATE, ON THE NEXT DAY WHICH IS NOT A
SATURDAY, SUNDAY, OR LEGAL HOLIDAY, AND TO
FURTHER PROVIDE FOR THE FILING REPOSITORY FOR
THESE STATEMENTS; TO AMEND SECTION 7-11-210,
RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO
AS TO CHANGE THE FILING REPOSITORIES FOR THESE
ITEMS; TO AMEND SECTION 7-13-40, RELATING TO
CERTIFICATION OF CANDIDATES, SO AS TO REQUIRE
THAT PARTIES NOMINATING CANDIDATES BY PARTY
PRIMARY MUST VERIFY QUALIFICATIONS OF THOSE
CANDIDATES PRIOR TO CERTIFICATION; TO AMEND
SECTION 7-13-45, RELATING TO FILING AS A CANDIDATE,
SO AS TO PROVIDE WHERE PERSONS MAY FILE AS
CANDIDATES; AND TO AMEND SECTION 7-13-350,
RELATING TO CERTIFIED CANDIDATES NOMINATED BY
PETITION, PRIMARY, OR CONVENTION, SO AS TO PROVIDE
THAT POLITICAL PARTIES NOMINATING CANDIDATES BY
PRIMARY OR CONVENTION MUST VERIFY THE
QUALIFICATIONS OF THOSE CANDIDATES PRIOR TO
CERTIFICATION TO THE AUTHORITY CHARGED BY LAW
WITH PREPARING THE BALLOT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 7-11-15 of the 1976 Code, as last amended
by Act No. 226 of 1996, is further amended to read:
"Section 7-11-15. (A) In order to qualify as a
candidate to run in the general election, all candidates seeking
nomination by political party primary or political party convention
must file a statement of intention of candidacy between noon on
March sixteenth and noon on March thirtieth as provided in this
section. If either of these dates fall on a Saturday, Sunday, or
legal holiday, these dates shall begin or end, as appropriate, on the
next day which is not a Saturday, Sunday, or legal holiday.
(1) Candidates seeking nomination for a statewide,
congressional, or district office which includes more than one county
shall file their statements of intention of candidacy with the State
Executive Committee of their respective party.
(2) Candidates seeking nomination for the State Senate or
House of Representatives must file their statements of intention of
candidacy with the county executive committee of their respective
party election commission in the county of their
residence. The county committees election
commissions must, within five days of the receipt of the
statements, transmit them along with the applicable filing fees to the
respective state executive committees. Provided, however, the
county committees election commissions must report
all filings to the respective state committees no later than
five p.m. ten a.m. on March thirtieth
thirty-first. The state executive committees must certify
candidates pursuant to Section 7-13-40.
(3) Candidates seeking nomination for a countywide or less than
countywide office shall must file their statements of
intention of candidacy with the county executive committee of
their respective party election commission in the county of
their residence.
(B) Except as provided herein in this
section, the county executive committee of any political
party election commission with whom statements of
intention of candidacy are filed must file, in turn, all statements of
intention of candidacy with the county election commission
respective county party executive committee by noon on the
tenth day following the deadline for filing statements by candidates.
If the tenth day falls on a Saturday, Sunday, or a
legal holiday, the statements must be filed by noon the following day.
The State Executive Committee of any political party with whom
statements of intention of candidacy are filed must file
transmit, in turn, all the statements of intention of
candidacy along with the applicable filing fees with
to the State Election Commission by noon on the tenth day
following the deadline for filing statements by candidates. If the
tenth day falls on a Saturday, Sunday, or a legal
holiday, the statements must be filed by noon the following day. No
candidate's name may appear on a primary election ballot, convention
slate of candidates, general election ballot, or special election ballot,
except as otherwise provided by law, if the candidate's statement of
intention of candidacy has not been filed with the county election
commission or State Election Commission authority
authorized to receive filings, as set forth above, as the case
may be, by the deadline. The candidate's name must appear if the
candidate produces the signed and dated copy of his timely filed
statement of intention of candidacy.
(C) The statement of intention of candidacy required in
this section and in Section 7-13-190(B) must be on a form designed
and provided by the State Election Commission. It must be filed in
triplicate by the candidate, and the political party committee
authority with whom it is filed must stamp it with the date
and time received, sign it, keep one copy, return one copy to the
candidate, and send one copy to either the county election
commission executive committee or the State Election
Commission, as the case may be.
(D) If, after the closing of the time for filing statements
of intention of candidacy, there are not more than two candidates for
any one office and one or more of the candidates dies, or withdraws,
the state or county committee, as the case may be, if the nomination
is by political party primary or political party convention only may,
in its discretion, afford opportunity for the entry of other candidates
for the office involved; provided, that for the office of State Senator,
the discretion must be exercised by the state committee.
(E) The provisions of this section do not apply to
nonpartisan school trustee elections in any school district where local
law provisions provide for other dates and procedures for filing
statements of candidacy or petitions, and to the extent the provisions
of this section and the local law provisions conflict, the local law
provisions control."
SECTION 2. Section 7-11-210 of the 1976 Code, as last amended
by Act No. 226 of 1996, is further amended to read:
"Section 7-11-210. Every candidate for selection as a
nominee of any political party for any state office, United States
Senator, member of Congress, or solicitor, to be voted for in
any party primary election, shall file with and place in the possession
of the treasurer of the state committee by twelve o'clock noon on
March thirtieth a notice or and pledge in the
following form, the blanks being properly filled in and the notice
or and 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
I violate this pledge by offering or campaigning in the ensuing
general election for election to this office or any other office for
which a nominee has been elected in the party primary election,
unless the nominee for the office has become deceased or otherwise
disqualified for election in the ensuing general election'. If
March thirtieth falls on a Saturday, Sunday, or legal holiday, the
notice and pledge must be filed on the next day which is not a
Saturday, Sunday, or legal holiday.
Every candidate for selection in a primary election as the nominee
of any political party for member of the Senate, member of the House
of Representatives, and all county and township less than
county offices shall file with and place in the possession of the
county chairman or other officer as may be named by the county
committee election commission of the county in which
they reside by twelve o'clock noon on March thirtieth a like notice
and pledge. If March thirtieth falls on a Saturday, Sunday, or
legal holiday, the notice and pledge must be filed on the next day
which is not a Saturday, Sunday, or legal holiday.
The notice of candidacy required by this section to be filed by a
candidate in a primary must be signed personally by the candidate,
and the signature of the candidate must be signed in the presence of
the county chairman a member of the commission or
other officer person as may be named by the
county committee commission with whom the
candidate is filing, or a candidate must have his signature on the
notice of the candidacy acknowledged and certified by any officer
authorized to administer an oath. Any notice of candidacy of any
candidate signed by an agent in behalf of a candidate shall not be
valid.
In the event that a person who was defeated as a candidate for
nomination to an office in a party's primary election shall thereafter
offer or campaign as a candidate against any nominee for election to
any office in the ensuing general election, the state chairman of the
party which held the primary (if the office involved is one voted for
in the general election by the electors of more than one county), or
the county chairman of the party which held the primary (in the case
of all other offices), shall forthwith institute an action in a court of
competent jurisdiction for an order enjoining the person from so
offering or campaigning in the general election, and the court is
hereby empowered upon proof of these facts to issue an order."
SECTION 3. Section 7-13-40 of the 1976 Code, as last amended
by Act 226 of 1996, is further amended to read:
"Section 7-13-40. In the event that 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. 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 April ninth, or if April ninth falls on a
Sunday, not later than twelve o'clock noon on the following Monday.
Political parties nominating candidates by party primary must
verify the qualifications of those candidates prior to certification to
the appropriate election commission of the names of candidates to be
placed on primary ballots. The written certification required by this
section must contain a statement that all candidates certified meet the
qualifications for the offices for which they have filed. 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 an account
designated for use in conducting the primaries and must be used
for that purpose elections. 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. Section 7-13-45 of the 1976 Code, as amended by
Act 434 of 1996, is further amended to read:
"Section 7-13-45. In every general election year, the county
chairman election commission shall:
(1) designate a specified place other than a private residence
where persons may file a statement of intention of candidacy;
(2) designate a specified place other than a private
residence either its office, or the county board of voter
registration office in the event there is no election commission office,
as the place where persons may file as candidates;
(3) establish regular hours of not less than four hours a day
(a) on the first day of filing and (2) during the final
seventy-two hours of the filing period in which he a
commissioner or some person he designates
designated by the commission must be present at the
designated place to accept filings;
(4) place an advertisement to appear two weeks before the filing
period begins in a newspaper of general circulation in the county at
least five by seven inches in size that notifies the public of the dates
of the filing period, the offices which may be filed for, the place and
street address where filings may be made, and the hours that an
authorized person will be present to receive filings."
SECTION 5. Section 7-13-350 of the 1976 Code is amended to
read:
"Section 7-13-350. 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 or, if September first 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. Political parties nominating candidates by
primary or convention must verify the qualifications of those
candidates prior to certification to the authority charged by law with
preparing the ballot. The written certification required by this section
must contain a statement that all candidates certified meet the
qualification for the offices for which they have filed."
SECTION 6. Section 7-13-351 of the 1976 Code is amended to
read:
"Section 7-13-351. (A) Any nominee by petition 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 by
the officer, commissioners, or other authority charged by law with
preparing the ballot if the petition is submitted to the officer,
commissioner, or other authority, as the case may be, for general
elections held under Section 7-13-10, not later than twelve o'clock
noon on August first or, if August first falls on a Saturday,
Sunday, or legal holiday, not later than twelve o'clock noon
on the following Monday next day which is not a
Saturday, Sunday, or legal holiday. At the time the petition is
submitted, the authority charged with accepting it shall issue a receipt
to the person submitting the petition which shall
must reflect the date it was submitted and the total number
of signatures contained therein. The board of voter registration of
each respective county shall check the petition at the request of the
authority charged with printing the ballot for that office and
shall must certify the results to the authority not later
than twelve o'clock noon September first or, if September first falls
on a Saturday, Sunday, or legal holiday, not later
than twelve o'clock noon on the following Monday next
day which is not a Saturday, Sunday, or legal holiday.
(B) The petition of any candidate in any special or
municipal election must be submitted to the authority charged with
printing the ballot for those offices not later than noon, on the
forty-fifth day prior to the date of the holding of the election, or if the
forty-fifth day falls on a Saturday, Sunday, or legal
holiday, by not later than twelve o'clock noon on the
following Monday day which is not a Saturday, Sunday,
or legal holiday. The petition must be accompanied by a
filing fee of one percent of the total salary for the term of that office
or one hundred dollars, whichever amount is greater. However, if the
total salary for the term of the office is less than one hundred dollars,
the filing fee is one percent of the salary. At the time a petition
is submitted, the authority charged with accepting it must issue a
receipt to the person submitting the petition which must reflect the
date it was submitted and the total number of signatures contained
therein. The board of voter registration of each respective county
must check the petition at the request of the authority charged with
printing of the ballots for that office and must certify the results
thereof to the authority not later than 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.
(C) Once submitted for verification, a petition for
nomination of a candidate for any office may not be returned to the
petitioner, but must be retained by the authority to whom the petition
was submitted and must become a part of the records of the election
for which it was submitted.
(D) In the event of an emergency declared by the
Governor and the conditions precipitating the emergency declaration
prevent a candidate from filing the nominating petition within the
time required by this section, the candidate has an additional five
days to submit the nominating petition to the appropriate office."
SECTION 7. Section 7-13-352 of the 1976 Code is amended to
read:
"Section 7-13-352. Any candidate for a nonpartisan office,
multi-county district, countywide or less than countywide, to be
voted on at the time of the general election, who qualifies by
statement of candidacy shall must file the statement
of candidacy with the authority responsible by law for conducting the
election not later than twelve o'clock noon on September first or, if
September first falls on a Saturday, Sunday, or legal
holiday, not later than twelve o'clock noon on the following
Monday next day which is not a Saturday, Sunday, or legal
holiday. The statement of candidacy must be accompanied
by a filing fee of one percent of the total salary for the term of that
office or one hundred dollars, whichever amount is greater.
However, if the total salary for the term of the office is less than one
hundred dollars, the filing fee is one percent of the salary."
SECTION 8. Section 7-11-30 of the 1976 Code is amended to read:
"Section 7-11-30. (A) If a party nominates candidates
by conventions, the state convention shall nominate the party's
candidate for Governor, Lieutenant Governor, and all other statewide
officers and United States Senators, members of Congress, and circuit
solicitors, and the county conventions shall nominate the party's
candidates for all county offices. No convention shall make
nominations for candidates for offices unless the decision to use the
convention method is reached by a three-fourths vote of the total
membership of the convention, except the office of State Senator and
of member of the House of Representatives. The nomination of the
party's candidates for the office of the State Senator and of
member of the House of Representatives must be made in the manner
determined by the state committee. If a party determines that
nomination for the office of State Senator and of member of the
House of Representatives must be by convention, these nominations
must be made by the state convention. No convention shall make
nominations for one or more offices at the convention and order
primaries for other offices to be filled during the same election year.
Conventions for political parties not nominating candidates in
primaries may be called by state and county committees on other
dates than those given in this title for conventions after three weeks'
published notices of the calls. Any political party nominating
candidates by party convention shall nominate the party candidates
and make the nominations public not later than the time for certifying
candidates to the authority charged by law with preparing ballots for
the general or special election.
(B) The filing fee for a candidate nominated by
convention is one percent of the total salary for the term of that office
or one hundred dollars, whichever amount is greater. However, if the
total salary for the term of the office is less than one hundred dollars,
the filing fee is one percent of the salary. Filing fees must be paid to
the authority charged by law with preparing ballots for the general or
special election."
SECTION 9. This act takes effect upon approval by the Governor.
-----XX----- |