S*251 Session 112 (1997-1998)
S*0251(Rat #0120, Act #0063 of 1997) General Bill, By Lander, Bryan, Courson,
Leatherman, Martin, McConnell, Moore, Rankin, Short and Wilson
A BILL TO AMEND SECTION 7-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO PROTESTS AND CONTESTS, SO AS TO DELETE MEMBERS OF THE HOUSE OF
REPRESENTATIVES FROM THE LIST OF OFFICERS WHO MUST FILE PROTESTS WITH THE
CHAIRMAN OF THE COUNTY PARTY EXECUTIVE COMMITTEE; TO AMEND SECTION 7-17-530,
RELATING TO HEARINGS BY A COUNTY PARTY EXECUTIVE COMMITTEE, SO AS TO PROVIDE
THAT THE STATE ELECTION COMMISSION SHALL PAY FOR THE COSTS OF THE COURT
REPORTER AND TRANSCRIPTS OF THE HEARING AND TO FURTHER PROVIDE THAT A
TRANSCRIPT MUST BE FILED WITH THE STATE EXECUTIVE COMMITTEE; TO AMEND SECTION
7-17-550, RELATING TO THE HEARING OF APPEALS BY THE STATE EXECUTIVE COMMITTEE,
SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL PAY FOR THE COSTS OF
THE COURT REPORTER AND THE TRANSCRIPT OF THE HEARING; AND TO AMEND SECTION
7-17-560, RELATING TO THE HEARING OF CERTAIN PROTESTS AND CONTESTS, SO AS TO
PROVIDE THAT THE STATE EXECUTIVE COMMITTEE SHALL HEAR AND DECIDE PROTESTS AND
CONTESTS FOR THE OFFICES OF STATE SENATE AND HOUSE OF REPRESENTATIVES.
01/23/97 Senate Introduced and read first time SJ-16
01/23/97 Senate Referred to Committee on Judiciary SJ-16
02/20/97 Senate Committee report: Favorable Judiciary SJ-16
03/05/97 Senate Read second time SJ-29
03/06/97 Senate Read third time and sent to House SJ-29
03/11/97 House Introduced and read first time HJ-9
03/11/97 House Referred to Committee on Judiciary HJ-10
05/14/97 House Committee report: Majority favorable, minority
unfavorable Judiciary HJ-9
05/28/97 House Read second time HJ-69
05/28/97 House Roll call Yeas-92 Nays-1 HJ-69
05/29/97 House Read third time and enrolled HJ-38
06/04/97 Ratified R 120
06/10/97 Signed By Governor
06/10/97 Effective date 06/10/97
06/24/97 Copies available
06/24/97 Act No. 63
(A63, R120, S251)
AN ACT TO AMEND SECTION 7-17-520, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO PROTESTS AND
CONTESTS, SO AS TO DELETE MEMBERS OF THE HOUSE OF
REPRESENTATIVES FROM THE LIST OF OFFICERS WHO MUST
FILE PROTESTS WITH THE CHAIRMAN OF THE COUNTY PARTY
EXECUTIVE COMMITTEE; TO AMEND SECTION 7-17-530,
RELATING TO HEARINGS BY A COUNTY PARTY EXECUTIVE
COMMITTEE, SO AS TO PROVIDE THAT THE STATE ELECTION
COMMISSION SHALL PAY FOR THE COSTS OF THE COURT
REPORTER AND TRANSCRIPTS OF THE HEARING AND TO
FURTHER PROVIDE THAT A TRANSCRIPT MUST BE FILED
WITH THE STATE EXECUTIVE COMMITTEE; TO AMEND
SECTION 7-17-550, RELATING TO THE HEARING OF APPEALS
BY THE STATE EXECUTIVE COMMITTEE, SO AS TO PROVIDE
THAT THE STATE ELECTION COMMISSION SHALL PAY FOR
THE COSTS OF THE COURT REPORTER AND THE TRANSCRIPT
OF THE HEARING; AND TO AMEND SECTION 7-17-560,
RELATING TO THE HEARING OF CERTAIN PROTESTS AND
CONTESTS, SO AS TO PROVIDE THAT THE STATE EXECUTIVE
COMMITTEE SHALL HEAR AND DECIDE PROTESTS AND
CONTESTS FOR THE OFFICES OF STATE SENATE AND HOUSE
OF REPRESENTATIVES.
Be it enacted by the General Assembly of the State of South Carolina:
Protests and contests, filing
SECTION 1. Section 7-17-520 of the 1976 Code is amended to read:
"Section 7-17-520. The protests and contests in the case of
county officers and less than county officers shall be filed in writing with
the chairman of the county party executive committee, together with a
copy for each candidate in the race not later than noon Monday following
the day of the declaration by the county committee of the result of the
election. Service may be perfected by depositing with the county sheriff
a copy of the protest for the chairman together with a sufficient number
of copies to be served upon all candidates in the protested or contested
race. The sheriff must take immediate steps to deliver these copies to the
chairman. The protest must contain each ground for the protest stated
separately and concisely. The chairman must forthwith serve upon each
candidate in the protested race a copy of the protest, and serve a notice of
the time and place of the meeting of the executive committee for the
purpose of hearing the protest."
Hearing of protest or contest
SECTION 2. Section 7-17-530 of the 1976 Code is amended to read:
"Section 7-17-530. The executive committee shall hear the
protest or contest on Thursday following the deadline for filing the protest
or contest. Testimony at the hearing of the protest shall be limited to the
grounds stated in the written protest.
The protestant and each other candidate in the protested race have the
right to be present at the hearing set by the committee, to be represented
by counsel, to examine and cross-examine witnesses, and to produce
evidence relevant to the grounds of protest.
The chairman of the committee must conduct the hearing as nearly as
possible in accordance with the procedures and rules of evidence observed
by the circuit courts of this State. The chairman has authority to
administer oaths and subpoena witnesses. Upon the conclusion of the
hearing on the protests, the committee shall determine all issues by
majority vote and forthwith certify the results of the election. The State
Election Commission shall pay for the costs of the court reporter and the
transcript of the hearing. This transcript must be filed with the
appropriate state executive committee no later than 10:00 a.m. Saturday
next following the decision of the county executive committee.
The committee must remain in session until a conclusion has been
reached. All candidates in the protested or contested race and the
chairman of the state executive committee must be immediately notified
of the decision."
State Executive Committee, hearing
SECTION 3. Section 7-17-550 of the 1976 Code is amended to read:
"Section 7-17-550. The state executive committee must meet in
Columbia not later than twelve noon on Saturday next following the filing
of any notice perfected under Section 7-17-540 for the purpose of hearing
appeals. The appellant and each other candidate in the protested race have
the right to be present at the hearing, to be represented by counsel, and to
be heard on the merits of the appeal. The state committee is bound by the
facts as determined by the county committee. However, if in the opinion
of at least eighteen members of the state committee the facts should be
reviewed, then a hearing de novo must be held by the state committee. In
the event of a review of the facts, the state committee may receive any
new evidence or exhibits as it in its discretion considers necessary to
determine the appeal. The state committee must remain in session until
all appeals have been disposed of. The State Election Commission shall
pay for the costs of the court reporter and the transcript of the
hearing."
State Executive Committee, hearing
SECTION 4. Section 7-17-560 of the 1976 Code is amended to read:
"Section 7-17-560. The state executive committee must meet in
Columbia at such place as may be designated by the chairman to hear and
decide protests and contests that may arise in the case of federal officers,
state officers, State Senate, State House of Representatives, and officers
involving more than one county. Any protest or contest must be filed in
writing with the chairman of the committee, together with a copy for each
candidate in the race, not later than noon on Monday following the
canvassing of the votes for these officers by the committee. However,
service upon the chairman may be perfected by depositing at the office of
the Chief of the State Law Enforcement Division a copy of the protest,
together with a copy for each candidate in the race. The chief must take
immediate steps to deliver these copies to the chairman. The protest must
contain each ground thereof stated separately and concisely. The
chairman of the committee must forthwith serve upon each candidate in
the protested race a copy of the protest and serve a notice of the time and
place of the meeting of the committee for the purposes of hearing the
protest."
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 10th day of June, 1997. |