S 0613 General Bill, By Washington
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 7-17-65 so as to provide that a candidate for an elected judicial office must
 appeal a decision of the county board of canvassers aggrieved by it to the
 circuit court; and to amend Section 7-17-60, relating to the right to appeal
 to the state board of canvassers from the county board of canvassers by a
 candidate adversely affected by a decision, so as to provide that a candidate
 for a judicial office shall not appeal to the state board but instead to the
 circuit court.

   02/06/91  Senate Introduced and read first time SJ-9
   02/06/91  Senate Referred to Committee on Judiciary SJ-9
   01/15/92  Senate Committee report: Favorable with amendment
                     Judiciary SJ-175
   01/21/92  Senate Amended SJ-31
   01/21/92  Senate Read second time SJ-31
   01/22/92  Senate Read third time and sent to House SJ-8
   01/23/92  House  Introduced and read first time HJ-13
   01/23/92  House  Referred to Committee on Judiciary HJ-13
   02/18/92  House  Tabled in committee

COMMITTEE AMENDMENT ADOPTED

January 21, 1992

S. 613

Introduced by SENATOR Washington

S. Printed 1/21/92--S.

Read the first time February 6, 1991.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-17-65 SO AS TO PROVIDE THAT A CANDIDATE FOR AN ELECTED JUDICIAL OFFICE MUST APPEAL A DECISION OF THE COUNTY BOARD OF CANVASSERS AGGRIEVED BY IT TO THE CIRCUIT COURT; AND TO AMEND SECTION 7-17-60, RELATING TO THE RIGHT TO APPEAL TO THE STATE BOARD OF CANVASSERS FROM THE COUNTY BOARD OF CANVASSERS BY A CANDIDATE ADVERSELY AFFECTED BY A DECISION, SO AS TO PROVIDE THAT A CANDIDATE FOR A JUDICIAL OFFICE SHALL NOT APPEAL TO THE STATE BOARD BUT INSTEAD TO THE CIRCUIT COURT.

Amend Title To Conform

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

SECTION 1. The 1976 Code is amended by adding:

"Section 7-17-65. Within ten days after notice of the decision of the county board of canvassers, a candidate for an elected judicial office aggrieved by the decision may appeal it to the circuit court. Notice of appeal must be served on the opposing parties or their attorneys and filed in the office of the clerk of court within ten days. The notice of appeal acts as a stay of further proceedings pending the appeal."

SECTION 2. Section 7-17-60 of the 1976 Code is amended to read:

"Section 7-17-60. (A) The decision of the county board may be appealed to the State Board of Canvassers by any a candidate adversely affected thereby by it. Notice of such the appeal and the grounds thereof for it shall must be made not later than noon Monday next following such the decision by serving such the notices on the chairman of the state board. Provided, that service Service may be perfected by depositing at the office of the chief of the State Law Enforcement Division a copy of the grounds of appeal. A sufficient number of copies to be served upon all candidates in the protested race shall also must be delivered to the county sheriff. Such These officers shall take all steps necessary to deliver the notices to the respective parties.

(B) The provisions of this section do not apply to an appeal of an election involving a candidate for a judicial office. An appeal of an election of a judicial office must be under the provisions of Section 7-17-65."

SECTION 3. This act takes effect upon approval by the Governor.