S 221 Session 112 (1997-1998)
S 0221 General Bill, By Wilson
A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE FILING OF A STATEMENT OF INTENTION OF CANDIDACY TO
QUALIFY AS A CANDIDATE TO RUN IN THE GENERAL ELECTION, SO AS TO REQUIRE THAT
ALL CANDIDATES MUST FILE THE STATEMENT WITH THE COUNTY ELECTION COMMISSION OF
THE COUNTY IN WHICH THEY RESIDE INSTEAD OF THE COUNTY EXECUTIVE COMMITTEE OR
STATE EXECUTIVE COMMITTEE OF THEIR RESPECTIVE PARTY.
01/21/97 Senate Introduced and read first time SJ-17
01/21/97 Senate Referred to Committee on Judiciary SJ-17
A BILL
TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF
A STATEMENT OF INTENTION OF CANDIDACY TO
QUALIFY AS A CANDIDATE TO RUN IN THE GENERAL
ELECTION, SO AS TO REQUIRE THAT ALL CANDIDATES
MUST FILE THE STATEMENT WITH THE COUNTY
ELECTION COMMISSION OF THE COUNTY IN WHICH THEY
RESIDE INSTEAD OF THE COUNTY EXECUTIVE
COMMITTEE OR STATE EXECUTIVE COMMITTEE OF THEIR
RESPECTIVE PARTY.
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 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.
(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 county
election commission in the county of their residence.
(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 state
committees no later than five p.m. on March thirtieth. 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 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
State Election Commission by noon on the tenth day
following the deadline for filing statements by candidates. If the
tenth day falls on 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, in turn, all the statements of intention
of candidacy with the State Election Commission by noon on the
tenth day following the deadline for filing statements by candidates.
If the tenth day falls on 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,
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 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 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. This act takes effect upon approval by the Governor.
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