S*0580(Rat #0160, Act #0091)  General Bill, By M.B. Williams
 A Bill to amend Section 7-17-30, Code of Laws of South Carolina, 1976,
 relating to election protests and contests, so as to provide that a protest or
 contest must be filed in writing with the Chairman of the County Board of
 Canvassers by Noon Wednesday following the date of the declaration by the
 Board of the results of the election; to amend Section 7-17-50, relating to
 hearings on protests or contests, so as to provide that the Board shall hear a
 protest or contest on Monday next following the deadline for filing the
 protest or contest; to amend Section 7-17-70, as amended, relating to the
 hearing of appeals, so as to provide that the Board of State Canvassers shall
 meet to hear appeals no later than Noon Monday next following the filing of
 any notice; to amend Section 7-17-260, relating to protested or contested
 cases decided by the Board of State Canvassers, so as to provide that the
 State Board shall decide all cases under protest or contest that may arise in
 the case of members of the State Senate and the State House of
 Representatives; and to amend Section 7-17-270, relating to the hearing of
 protests or contests, so as to provide that the Board shall hear a protest or
 contest not later than the twenty-fifth day following receipt of the protest.

   03/23/93  Senate Introduced and read first time SJ-10
   03/23/93  Senate Referred to Committee on Judiciary SJ-10
   04/07/93  Senate Committee report: Favorable Judiciary SJ-26
   04/08/93  Senate Read second time SJ-85
   04/08/93  Senate Unanimous consent for third reading on next
                     legislative day SJ-86
   04/09/93  Senate Read third time and sent to House SJ-1
   04/13/93  House  Introduced and read first time HJ-23
   04/13/93  House  Referred to Committee on Judiciary HJ-24
   04/28/93  House  Committee report: Favorable Judiciary HJ-8
   05/06/93  House  Debate adjourned until Tuesday, May 11, 1993 HJ-68
   05/12/93  House  Debate adjourned until Thursday, May 13, 1993 HJ-58
   05/13/93  House  Debate adjourned until Tuesday, May 18, 1993 HJ-27
   05/19/93  House  Read second time HJ-32
   05/20/93  House  Read third time and enrolled HJ-9
   06/10/93         Ratified R 160
   06/14/93         Signed By Governor
   06/14/93         Effective date 06/14/93
   06/24/93         Copies available

AN ACT TO AMEND SECTION 7-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT A PROTEST OR CONTEST MUST BE FILED IN WRITING WITH THE CHAIRMAN OF THE COUNTY BOARD OF CANVASSERS BY NOON WEDNESDAY FOLLOWING THE DATE OF THE DECLARATION BY THE BOARD OF THE RESULTS OF THE ELECTION; TO AMEND SECTION 7-17-50, RELATING TO HEARINGS ON PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST ON MONDAY NEXT FOLLOWING THE DEADLINE FOR FILING THE PROTEST OR CONTEST; TO AMEND SECTION 7-17-70, AS AMENDED, RELATING TO THE HEARING OF APPEALS, SO AS TO PROVIDE THAT THE BOARD OF STATE CANVASSERS SHALL MEET TO HEAR APPEALS NO LATER THAN NOON MONDAY NEXT FOLLOWING THE FILING OF ANY NOTICE; TO AMEND SECTION 7-17-260, RELATING TO PROTESTED OR CONTESTED CASES DECIDED BY THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT THE STATE BOARD SHALL DECIDE ALL CASES UNDER PROTEST OR CONTEST THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE SENATE AND THE STATE HOUSE OF REPRESENTATIVES; AND TO AMEND SECTION 7-17-270, RELATING TO THE HEARING OF PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST NOT LATER THAN THE TWENTY-FIFTH DAY FOLLOWING RECEIPT OF THE PROTEST.

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

When protest or contest must be filed

SECTION 1. Section 7-17-30 of the 1976 Code is amended to read:

"Section 7-17-30. The county boards shall decide all cases under protest or contest that may arise in their respective counties in the case of county officers and less than county offices. Any protest or contest must be filed in writing with the chairman of the board, together with a copy for each candidate in the race, by noon Wednesday following the day of the declaration by the board of the result of the election. Provided, however, that service upon the chairman may be perfected by depositing with the county sheriff one copy of the protest, together with a copy for each candidate in the race. The sheriff shall take immediate steps to deliver the copies to the chairman. The protest must contain each ground concisely stated separately. The chairman of the board must 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 board for the purposes of hearing the protest."

When hearing on protest must be conducted

SECTION 2. Section 7-17-50 of the 1976 Code is amended to read:

"Section 7-17-50. The board shall hear the protest or contest on Monday next 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, to be represented by counsel, to examine and cross-examine witnesses, and to produce evidence relevant to the grounds of the protest.

The chairman of the board shall provide for and 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 shall have authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing of the protest, the board shall determine all issues by majority vote and forthwith certify the results of the election.

The board shall remain in session until a conclusion has been reached. All candidates in the protested or contested race and the chairman of the State Board of Canvassers shall be immediately notified of the board's decision.

The county board must submit the written transcript of the record of the hearing on the protest to the State Board of Canvassers not later than noon Monday, following the protest hearing before the county board."

When appeal must be heard

SECTION 3. Section 7-17-70 of the 1976 Code, as last amended by Act 276 of 1992, is further amended to read:

"Section 7-17-70. Unless otherwise provided in Section 7-3-10(c), the State Board shall meet in Columbia not later than noon Monday next following the filing of any notice perfected under Section 7-17-60 for the purpose of hearing appeals. The appellant and each other candidate in the protested race shall have the right to be present at such hearing, to be represented by counsel, and to be heard on the merits of the appeal. The State Board shall be bound by the facts as determined by the county board. Provided, however, that if in the opinion of at least two members of the State Board such facts should be reviewed, then a hearing de novo shall be held by the State Board. In the event of such review, the State Board may receive any new evidence or exhibits as it shall in its discretion deem necessary to determine the appeal. The State Board shall remain in session until all such appeals have been disposed of."

Cases decided by state board

SECTION 4. Section 7-17-260 of the 1976 Code is amended to read:

"Section 7-17-260. The State Board shall decide all cases under protest or contest that may arise in the case of federal officers, state officers, members of the State Senate and the State House of Representatives, and offices involving more than one county. Any such protest or contest shall be filed in writing with the chairman of the board, together with a copy for each candidate in the race, not later than noon five days following the canvassing of the votes for such offices by the board; provided, however, that service upon the board 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 shall take immediate steps to deliver such copies to the chairman. The protest shall contain each ground thereof concisely stated separately. The chairman of the board shall 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 board for the purposes of hearing the protest."

When hearing on protest must be heard

SECTION 5. Section 7-17-270 of the 1976 Code is amended to read:

"Section 7-17-270. The board, acting in a judicial capacity, shall hear the protest or contest not earlier than the fifth nor later than the twenty-fifth day following receipt of the protest. 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 shall have the right to be present at the hearing, to be represented by counsel, to examine and cross-examine witnesses, and to produce evidence relevant to the grounds of the protest. The chairman of the board shall provide for and 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 shall have authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing of the protest, the board shall determine all issues by majority vote and forthwith certify the results of the election.

The board shall remain in session until a conclusion has been reached. All candidates in the protested or contested race shall be immediately notified of the board's decisions.

Appeals from decisions of the State Board shall be taken directly to the Supreme Court on petition for a writ of certiorari only based on the record of the State Board hearing and shall be granted first priority of consideration by the Court."

Time effective

SECTION 6. This act takes effect upon approval by the Governor.

Approved the 14th day of June, 1993.