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S*99 Session 117 (2007-2008)
S*0099(Rat #0108, Act #0081 of 2007) General Bill, By Sheheen, Malloy and Ford
AN ACT TO AMEND SECTIONS 7-11-20 AND 7-13-15, BOTH AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY
ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION
COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT
PRESIDENTIAL PREFERENCE PRIMARIES, THAT THE STATE COMMITTEE OF THE PARTY SET
THE DATE, FILING REQUIREMENTS AND CERTIFICATION FEE FOR THE PRESIDENTIAL
PREFERENCE PRIMARIES, TO PROVIDE A PROCEDURE FOR VERIFICATION OF THE
QUALIFICATION OF CANDIDATES, TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING
PRIMARIES, AND TO SPECIFY WHICH PRIMARIES MUST BE CONDUCTED BY THE STATE
ELECTION COMMISSION AND COUNTY ELECTION COMMISSION; TO DESIGNATE SECTION 14 OF
ACT 253 OF 1992 AS SECTION 7-11-25, RELATING TO POLITICAL PARTIES NOT
PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES, SO
AS TO DELETE THE REFERENCES TO PRESIDENTIAL PREFERENCE PRIMARIES; AND BY
ADDING SECTION 7-9-110 SO AS TO AUTHORIZE A POLITICAL PARTY OR STATE ELECTION
COMMISSION TO CONDUCT A PRIMARY OR ELECTION, WITHOUT CHARGE, IN A FACILITY
THAT RECEIVES STATE FUNDS FOR SUPPORT OR OPERATION. - ratified title
11/29/06 Senate Prefiled
11/29/06 Senate Referred to Committee on Judiciary
01/09/07 Senate Introduced and read first time SJ-69
01/09/07 Senate Referred to Committee on Judiciary SJ-69
01/17/07 Senate Referred to Subcommittee: Martin (ch), Malloy,
Campsen, Williams
03/28/07 Senate Committee report: Favorable with amendment
Judiciary SJ-20
03/29/07 Scrivener's error corrected
04/19/07 Senate Committee Amendment Amended and Adopted SJ-19
04/19/07 Senate Read second time SJ-19
04/19/07 Senate Unanimous consent for third reading on next
legislative day SJ-19
04/20/07 Senate Read third time and sent to House SJ-5
04/24/07 House Introduced and read first time HJ-4
04/24/07 House Referred to Committee on Judiciary HJ-4
05/23/07 House Committee report: Favorable with amendment
Judiciary HJ-10
05/24/07 House Requests for debate-Rep(s). Clemmons, Scott,
Delleney, Hart, Cooper, EH Pitts, Ott, Jennings,
Cotty, Jefferson, Clyburn, Hosey, Ballentine,
Gambrell, Weeks, JH Neal, Duncan, Alexander,
Chellis, G Brown, Anderson, Loftis, Breeland,
Mack, Davenport, GR Smith, JR Smith, and Govan HJ-33
05/24/07 Scrivener's error corrected
05/29/07 House Debate adjourned until Wednesday, May 30, 2007 HJ-38
05/30/07 House Amended HJ-40
05/30/07 House Read second time HJ-64
05/30/07 House Roll call Yeas-91 Nays-20 HJ-64
05/31/07 House Read third time and returned to Senate with
amendments HJ-40
05/31/07 Scrivener's error corrected
05/31/07 Senate House amendment amended SJ-133
05/31/07 Senate Returned to House with amendments SJ-133
06/04/07 Scrivener's error corrected
06/05/07 House Concurred in Senate amendment and enrolled HJ-5
06/07/07 Ratified R 108
06/14/07 Vetoed by Governor
06/19/07 Senate Veto overridden by originating body Yeas-36 Nays-7
06/19/07 House Veto overridden Yeas-87 Nays-18 HJ-44
06/21/07 Copies available
06/21/07 Effective date 06/19/07
06/27/07 Act No. 81
S. 99
(A81, R108, S99)
AN ACT TO AMEND SECTIONS 7-11-20 AND 7-13-15, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PREFERENCE PRIMARIES, THAT THE STATE COMMITTEE OF THE PARTY SET THE DATE, FILING REQUIREMENTS AND CERTIFICATION FEE FOR THE PRESIDENTIAL PREFERENCE PRIMARIES, TO PROVIDE A PROCEDURE FOR VERIFICATION OF THE QUALIFICATION OF CANDIDATES, TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING PRIMARIES, AND TO SPECIFY WHICH PRIMARIES MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSION; TO DESIGNATE SECTION 14 OF ACT 253 OF 1992 AS SECTION 7-11-25, RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES, SO AS TO DELETE THE REFERENCES TO PRESIDENTIAL PREFERENCE PRIMARIES; AND BY ADDING SECTION 7-9-110 SO AS TO AUTHORIZE A POLITICAL PARTY OR STATE ELECTION COMMISSION TO CONDUCT A PRIMARY OR ELECTION, WITHOUT CHARGE, IN A FACILITY THAT RECEIVES STATE FUNDS FOR SUPPORT OR OPERATION.
Be it enacted by the General Assembly of the State of South Carolina:
Presidential preference primaries
SECTION 1. Section 7-11-20 of the 1976 Code, as last amended by Act 489 of 1992, is further amended to read:
"Section 7-11-20. (A) Except as provided in subsection (B), party conventions or party primary elections held by political parties certified as such by the State Election Commission pursuant to the provisions of this title to nominate candidates for any of the offices to be filled in a general or special election must be conducted in accordance with the provisions of this title and with party rules not in conflict with the provisions of this title or of the Constitution and laws of this State or of the United States.
(B)(1) Except as provided in item (2), a certified political party wishing to hold a presidential preference primary election may do so in accordance with the provisions of this title and party rules. However, notwithstanding any other provision of this title, the state committee of the party shall set the date and the hours that the polls will be open for the presidential primary election and the filing requirements. If a party holds a presidential preference primary election on a Saturday, an absentee ballot must be provided to a person who signs an affirmation stating that for religious reasons he does not wish to take part in the electoral process on a Saturday.
(2) For the 2008 election cycle, if the state committee of a certified political party which received at least five percent of the popular vote in South Carolina for the party's candidate for President of the United States decides to hold a presidential preference primary election, the State Election Commission must conduct the presidential preference primary in accordance with the provisions of this title and party rules provided that a registered elector may cast a ballot in only one presidential preference primary. However, notwithstanding any other provision of this title, (a) the State Election Commission and the authorities responsible for conducting the elections in each county shall provide for cost-effective measures in conducting the presidential preference primaries including, but not limited to, combining polling places, while ensuring that voters have adequate notice and access to the polling places; and (b) the state committee of the party shall set the date and the filing requirements, including a certification fee. Political parties must verify the qualifications of candidates prior to certifying to the State Election Commission the names of candidates to be placed on primary ballots. The written certification required by this section must contain a statement that each certified candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications in the United States Constitution, statutory law, and party rules to participate in the presidential preference primary for which he has filed. Political parties must not certify any candidate who does not or will not by the time of the general election meet the qualifications in the United States Constitution, statutory law, and party rules for the presidential preference primary for which the candidate desires to file, and such candidate's name must not be placed on a primary ballot. Political parties may charge a certification fee to persons seeking to be candidates in the presidential preference primary for the political party. A filing fee not to exceed twenty thousand dollars, as determined by the State Election Commission, for each candidate certified by a political party must be transmitted by the respective political party to the State Election Commission and must be used for conducting the presidential preference primaries.
(3) The political party shall give written notice to the State Election Commission of the date set for the party's presidential preference primary no later than ninety days before the date of the primary.
(4) Nothing in this section prevents a political party from conducting a presidential preference primary for the 2008 election cycle pursuant to the provisions of Section 7-11-25."
Primaries to be conducted by the State Election Commission
SECTION 2. Section 7-13-15 of the 1976 Code, as last amended by Act 253 of 1992, is further amended to read:
"Section 7-13-15. (A)(1) This section does not apply to municipal primaries.
(2) This section does not apply to presidential preference primary elections for the Office of President of the United States, which are provided for in Section 7-11-20(B).
(B) Except as provided in subsection (A) or unless otherwise specifically provided for by statute or ordinance, the following primaries must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year:
(1) primaries for national offices, excluding the presidential preference primaries for the Office of President of the United States, which are provided for in Section 7-11-20(B); and
(2) primaries for:
(a) state offices;
(b) offices including more than one county;
(c) countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees; and
(d) special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices."
Advisory primaries
SECTION 3. Section 14 of Act 253 of 1992 is designated Section 7-11-25 of the 1976 Code and is amended to read:
"Section 7-11-25. Except for the provisions of Section 7-11-20 related to presidential preference primaries, nothing in this chapter nor any other provision of law may be construed as either requiring or prohibiting a political party in this State from conducting advisory primaries according to the party's own rules and at the party's expense."
Conducting elections or primaries in a facility which receives state funds, etc.
SECTION 4. Chapter 9, Title 7 of the 1976 Code is amended by adding:
"Section 7-9-110. A political party or the State Election Commission may conduct a primary or election, without charge, in any facility that receives state funds for support or operation. The use of the facility, pursuant to the provisions of this section, is subject to the availability of the facility as determined by the facility's governing entity."
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Ratified the 8th day of June, 2007.
Vetoed by the Governor -- 6/14/07.
Veto overridden by Senate -- 6/19/07.
Veto overridden by House -- 6/19/07.
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