H 3207 Session 109 (1991-1992)
H 3207 General Bill, By C.Y. Waites, R.A. Barber, H.H. Clyborne, R.S. Corning and
P.B. Harris
A Bill to amend Sections 7-11-15, as amended, 7-11-210, 7-13-35, as amended,
7-13-40, as amended, 7-13-50, as amended, 7-13-60, 7-13-70, as amended,
7-13-610, 7-13-830, as amended, 7-15-420, as amended, 7-15-450, 7-17-510,
7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, and 7-25-140, Code
of Laws of South Carolina, 1976, relating to elections, so as to provide that
primaries, except municipal primaries, must be conducted by the State Election
Commission and the respective county election commissions, provide for the
primary date to be the second Tuesday after the first Monday in September,
reissue filing dates and the deadline for the primary pledge, provide for
hearing and deciding protests and contests that may arise in the case of
members of the State House of Representatives at the state level rather than
at the county level, delete certain provisions of law, and change certain
provisions regarding the appointment of county commissioners of election; to
amend Article 5, Chapter 13, Title 7, relating to ballots for primary
elections, by adding Section 7-13-611 so as to provide for the arrangement of
every "official county ballot" and of every "official state ballot"; to
provide that nothing in this Act or any other provision of law may be
construed as prohibiting political parties from conducting Presidential
preference primaries; to provide that, in the case of any county which
operates its elections through an election and registration commission
composed of seven members, the structure and composition are not affected or
changed by the provisions of this Act; to repeal Sections 7-9-110, relating to
permitting county political party committees to establish a county party
election commission for certain purposes, and 7-13-90, relating to the
appointment of managers of primaries; and to provide that certain primaries,
except municipal 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.
01/15/91 House Introduced and read first time HJ-5
01/15/91 House Referred to Committee on Judiciary HJ-6
A BILL
TO AMEND SECTIONS 7-11-15, AS AMENDED, 7-11-210, 7-13-35,
AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED,
7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS
AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520,
7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT
MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE
STATE ELECTION COMMISSION AND THE RESPECTIVE
COUNTY ELECTION COMMISSIONS, PROVIDE FOR THE
PRIMARY DATE TO BE THE SECOND TUESDAY AFTER THE
FIRST MONDAY IN SEPTEMBER, REVISE FILING DATES AND
THE DEADLINE FOR THE PRIMARY PLEDGE, PROVIDE FOR
HEARING AND DECIDING PROTESTS AND CONTESTS THAT
MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE
OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN
AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF
LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE
APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION;
TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO
BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION
7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF
EVERY "OFFICIAL COUNTY BALLOT" AND OF
EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE
THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF
LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL
PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE
PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY
COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN
ELECTION AND REGISTRATION COMMISSION COMPOSED OF
SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE
NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS
ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO
PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO
ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR
CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE
APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO
PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL
PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION
COMMISSION AND THE COUNTY ELECTION COMMISSIONS
ON THE SECOND TUESDAY AFTER THE FIRST MONDAY IN
SEPTEMBER OF EACH GENERAL ELECTION YEAR.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-11-15(1) of the 1976 Code is amended to read:
"(1) candidates seeking nomination by political party primary
and political party convention for a statewide, congressional, or district
office which includes more than one county, shall file their statement of
candidacy with the State Executive Committee of their respective party
between noon on April July sixteenth and noon on
April July thirtieth and those candidates seeking
nomination by political party primary and political party convention for
the state Senate, House of Representatives, a countywide, or less than
countywide office shall file their statement of candidacy with the county
executive committee with their respective party between noon
March June sixteenth and noon March
June thirtieth;"
SECTION 2. The first two paragraphs of Section 7-11-210 of the 1976
Code are amended to read:
"Every candidate for selection as a nominee of any
a political party for any a state office, United
States Senator, member of Congress or solicitor, to be voted for in any
party primary election, shall file with and place in the possession of the
treasurer of the state committee by twelve o'clock noon on April
July thirtieth a notice or pledge in the following form, the
blanks being properly filled in and the notice or pledge signed by the
candidate: `I hereby file my notice as a candidate for the nomination as
_____________ in the primary election to be held on -
_______________. I affiliate with the ____________ Party, and I
hereby pledge myself to abide by the results of the primary.
and I authorize the issuance of an injunction upon ex parte
application by the party chairman, as provided by law, should I violate
this pledge by offering or campaigning in the ensuing general election
for election to this office or any other office for which a nominee has
been elected in the party primary election, unless the nominee for
any such the office has become deceased
died or is otherwise disqualified for election in the
ensuing general election.'
Every candidate for selection in a primary election as the nominee of
any a political party for member of the Senate, member
of the House of Representatives and all county and township
offices shall file with and place in the possession of the county chairman
or such other officer as may be named by the county committee
of the county in which they reside by twelve o'clock noon on
March June thirtieth a like similar
notice and pledge."
SECTION 3. Section 7-13-35 of the 1976 Code, as last amended by Act
357 of 1990, is further amended to read:
"Section 7-13-35. The authority charged by law with
conducting an election shall publish two notices of general, special, and
primary elections held in the county or municipality, except
municipal elections, in a newspaper of general circulation in the
county or municipality. Included in each notice must be a
reminder of the last day persons may register to be eligible to vote in the
election for which notice is given, notification of the date, time, and
location of the hearing on ballots challenged in the election, a list of the
precincts involved in the election, and the location of the polling
places in each of the precincts, and notification that the process of
examining the return-addressed envelopes containing absentee ballots
will begin at 2:00 p.m. on election day. The first notice must appear not
later than sixty days before the election and the second notice must
appear not later than two weeks after the first notice."
SECTION 4. Section 7-13-40 of the 1976 Code, as last amended by Act
363 of 1988, is further amended to read:
"Section 7-13-40. In the event that If a party
shall nominate nominates candidates by party primary
election, a party primary election must be held by the
party and conducted by the State Election Commission and the
respective county election commissions on the second Tuesday
in June after the first Monday in September of each
general election year and a second and third primary election
each two weeks successively thereafter, if necessary. Certification
of the names of all candidates to be placed on primary ballots must be
made by the political party chairman, vice chairman, or secretary to the
State Election Commission or the county election commission,
whichever is responsible under law for preparing the ballot, not later
than twelve o'clock noon on August first or, if August first falls on a
Sunday, not later than twelve o'clock noon on the following Monday.
The filing fees for candidates whose names are on ballots to be voted on
in all primaries, except municipal primaries, must be transmitted by the
respective political parties to the State Election Commission and placed
by the executive director of the commission in a special account
designated for use in conducting the primaries and must be used for that
purpose."
SECTION 5. Section 7-13-50 of the 1976 Code, as last amended by Act
364 of 1988, is further amended to read:
"Section 7-13-50. A second primary, when necessary, must
be held two weeks after the first and is subject to the rules governing the
first primary. At the second primary the two candidates among those
who do not withdraw their candidacies and who received more votes in
the first primary than any other remaining candidate alone shall run for
any one office and if only one candidate remains, he is considered
nominated, except that if there are two or more vacancies for any
particular office the number of candidates must be double the number of
vacancies to be filled if so many candidates remain. In all second
primaries the candidate receiving the largest number of votes cast for a
given office must be declared the nominee for the office whether or not
he has received a majority of the votes cast for that office, and when
there are several candidates for several different offices, then the several
candidates receiving the largest number of votes for the several positions
are considered as nominated for the offices whether or not they received
a majority of the votes cast. Other primaries, if necessary, must be
ordered in a similar manner by the county chairman election
commission or the state chairman State Election
Commission, as appropriate."
SECTION 6. Section 7-13-60 of the 1976 Code is amended to read:
"Section 7-13-60. The polls must be opened at seven o'clock
in the forenoon a.m. and close closed
at seven o'clock in the afternoon p.m. of the day
of election and must be held open during these hours without
intermission or adjournment; but the county committee may close
any poll or all polls within any county in any primary election at an
earlier hour."
SECTION 7. Section 7-13-70 of the 1976 Code, as last amended by
Act 497 of 1990, is further amended to read:
"Section 7-13-70. For the purpose of carrying on general
or special elections provided for in Section 7-13-10, the Governor, at
least ninety days before the election, shall appoint for each county not
less than three nor more than five commissioners of election upon the
recommendation of the Senator and at least half of the members of the
House of Representatives from the respective counties. The Governor
shall notify the State Election Commission in writing of the
appointments. The commissioners shall continue in office until their
successors are appointed and qualified. For the general election held on
the first Tuesday following the first Monday in November in each
even-numbered year, the commissioners of election shall appoint three
managers of election for each polling place in the county for which they
must respectively be appointed for each five hundred electors, or portion
of each five hundred electors, registered to vote at the polling place.
The commissioners shall also appoint from among the managers a clerk
for each polling place in the county; and none of the officers may be
removed from office except for incompetence or misconduct. For
primaries, special, or municipal elections, the authority charged by law
with conducting the primaries, special, or municipal elections shall
appoint three managers of election for the first five hundred electors
registered to vote in each precinct in the county, municipality, or other
election district and one additional manager for each five hundred
electors registered to vote in the precinct above the first five hundred
electors. The authority responsible by law for conducting the election
shall also appoint from among the managers a clerk for each polling
place in a primary, special, or municipal election. After their
appointment the commissioners, managers, and clerks shall take and
subscribe, before any officer authorized to administer oaths, the
following oath of office prescribed by Section 26 of Article III of the
Constitution: 'I do solemnly swear (or affirm) that I am duly qualified,
according to the Constitution of this State, to exercise the duties of the
office to which I have been appointed, and that I will, to the best of my
ability, discharge the duties thereof, and preserve, protect and defend the
Constitution of this State and of the United States. So help me God.'
It must be immediately filed immediately in the office of the clerk of
court of common pleas of the county in which the commissioners,
managers, and clerks are appointed, or, if there is no clerk of court, in
the office of the Secretary of State. Before opening the polls, the
managers of election shall take and subscribe the oath provided for in
Section 7-13-100. Upon the completion of the canvassing of votes, this
oath must be filed with the commissioners of election along with the
ballots from that election precinct. For the purpose of
conducting general or special elections provided for in Section 7-13-10
and primaries, except municipal primaries, each county legislative
delegation, upon notification by the delegation chairman, shall meet for
the purpose of appointing for each county five commissioners of
election. If a delegation does not have a chairman, the senior state
senator shall serve as the chairman. Each commissioner shall receive at
least half of the votes of the county legislative delegation. The
appointments by the county legislative delegation, as provided for in this
section, must be reported by the delegation chairman to the State
Election Commission by February fifteenth of each even-numbered year.
The State Election Commission shall verify that at least one of the
appointees represents the largest political party and one represents the
second largest political party as determined by the composition of that
county's delegation in the General Assembly or the makeup of the
General Assembly as a whole if the county's delegation is composed of
only one party's members. If the delegation chairman does not submit
the list of commissioners of election to the State Election Commission
by February fifteenth of each even-numbered year, the State Election
Commission may appoint the county commissioners of election. The
chairmen of the county executive committees of the major political party
in the General Assembly and the largest minority party in the General
Assembly shall certify the results by signing the list of commissioners
of election before the list is sent to the State Election Commission. The
term of commissioners of election begins on March first of each
even-numbered year. The commissioners shall continue in office until
their successors are appointed and qualified. For the general election
held on the first Tuesday following the first Monday in November in
each even-numbered year, the commissioners of election shall appoint
three managers of election for each polling place in the county for which
they must respectively be appointed for each five hundred electors, or
portion of each five hundred electors, registered to vote at the polling
place. The commissioners shall also appoint from among the managers
a clerk for each polling place in the county. None of these officers may
be removed from office except for incompetence or misconduct. For
primaries or special and municipal elections, the authority charged by
law with conducting the primaries or special and municipal elections
shall appoint three managers of election for the first five hundred
electors registered to vote in each precinct in the county, municipality,
or other election district and one additional manager for each five
hundred electors registered to vote in the precinct above the first five
hundred electors. Sixty days before a primary, except municipal
primaries, each political party holding a primary may submit to the
county election commission a list of prospective managers for each
precinct. The county election commission shall appoint at least one
manager for each precinct from the list of names submitted by each
political party holding a primary. However, the county election
commission may refuse to appoint a prospective manager for good
cause. No person may be appointed as a manager in a primary who has
not completed a training program concerning his duties and
responsibilities as a poll manager and who has not received certification
of having completed the training program. The training program and the
issuance of certification must be carried out by the county election
commission. The authority charged by law with conducting the
primaries or special and municipal elections shall also appoint from
among the managers a clerk for each polling place in a primary or
special or municipal election. After their appointment, all of these
commissioners, managers, and clerks shall take and subscribe, before
any officer authorized to administer oaths, the following oath of office
prescribed by Section 26 of Article III of the Constitution:
'I do solemnly swear (or affirm) that I am duly qualified, according
to the Constitution of this State, to exercise the duties of the office to
which I have been elected (or appointed), and that I will, to the best of
my ability, discharge the duties thereof, and preserve, protect, and
defend the Constitution of this State and of the United States. So help
me God.' and it must be immediately filed in the office of the clerk of
court of common pleas of the county in which the commissioners,
managers, and clerks are appointed, or, if there is no clerk of court, in
the office of the Secretary of State. Before opening the polls, the
managers of election shall take and subscribe the oath provided for in
Section 7-13-100. Upon the completion of the canvassing of votes, this
oath must be filed with the commissioners of election along with the
ballots from that election precinct."
SECTION 8. Section 7-13-610 of the 1976 Code is amended to read:
"Section 7-13-610. The State Election Commission and the
respective county election commissions shall prepare separate ballots for
each political party holding a primary. The ballots for each
party shall must contain in print only the
names of all the candidates who have filed to run in
that particular party primary and shall must have
a stub at the top perforated so as to be easily detached. On the stub
shall must be printed `Official State (or
County) Ballot, (name of party) Primary',
Club No. the name of the county
and the precinct, and the date of the primary. On the right
side there shall must be a blank line under which
shall must be printed `Initials of Issuing Officer.'
The numbers shall run seriatim for each club Stubs on ballots
for each precinct must be numbered consecutively, beginning with `No.
1'. The ballots shall must be furnished by the State
committee Election Commission for all except
members of the General Assembly, county officers,
congressmen less than county officers, and circuit
solicitors, for which the county committee election
commission shall furnish the ballots. One ballot shall
must contain the names of all persons running for State
state and federal offices and United States Senator. The
other ballot shall must contain the names of all persons
running for the General Assembly, county offices, congressmen
less than county officers, and solicitors.
All ballots Ballots furnished by the State
committee Election Commission hereunder
under this section shall must have marked
thereon on them in plain type, both on the stub and on
the ballot proper, the words `Official State
Ballot'. and all ballots Ballots furnished by the
county committee election commission
hereunder under this section shall must
have marked thereon on them in plain type, both on the
stub and on the ballot proper, the words
'Official County Ballot.'
The State ballot shall be printed on yellow paper and the boxes in
which it is to be deposited shall be painted the same color. The county
ballot shall be printed on plain white paper and the boxes in which it is
to be deposited shall be painted white. The ballot must be
printed on paper of a thickness so that the printing cannot be
distinguished from the back and must be of a size and color as directed
by the State Election Commission. If more than one ballot is to be used
in a primary, each ballot must be printed on different colored paper.
The ballot shall must contain a voting square opposite
the name of each candidate, and the voter shall vote by putting
a mark in the voting square opposite the name of the candidate of his
choice."
SECTION 9. Article 5, Chapter 13, Title 7 of the 1976 Code is
amended by adding:
"Section 7-13-611. The arrangement of each `Official County
Ballot' for each primary, containing the names of candidates for office,
must conform as nearly as practicable to the following plan and contain
specified instructions and no others:
OFFICIAL COUNTY BALLOT, PRIMARY
(NAME OF PARTY)
COUNTY, SOUTH CAROLINA
NO:
Initials of Issuing Officer
, 19
(DATE OF ELECTION)
(NAME OF PRECINCT)
-----------------------------------------------
OFFICIAL COUNTY BALLOT,
PRIMARY (NAME OF PARTY)
COUNTY, SOUTH CAROLINA
, 19
(DATE OF ELECTION)
(NAME OF PRECINCT)
INSTRUCTIONS - Make a cross (X) in the voting square []
opposite the name of each candidate on the ballot
for whom you wish to vote. Before leaving the
booth, fold the ballot so that the initials of the
manager may be seen on the outside.
You may vote for one, less than
one, but not more than one candidate.
SHERIFF / ONE SEAT TO FILL /
(Example)
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
You may vote for three, less
than three, but not more than three candidates.
COUNTY COUNCIL /
THREE SEATS TO FILL /
(Example)
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
Each `Official State Ballot' similarly must conform to the plan set forth
in this section."
SECTION 10. Section 7-13-830 of the 1976 Code, as last
amended by Act 472 of 1988, is further amended to read:
"Section 7-13-830. When any person is so challenged, the
manager shall explain to him the qualifications of an elector and may
examine his as to the same. If the person insists that he is qualified and
the challenge is not withdrawn, his vote must be received and placed in
an envelope on which must be written the name of the voter and that of
the challenger. The challenged votes must be kept separate and apart
and not counted but turned over to the commissioners of election or
the county committee other authority having
supervision of the election. At the meeting specified in either Section
7-17-10 or 7-17-510, whichever is applicable, this authority shall hear
all objections to these votes, and when no person appears or offers
evidence before the meeting to sustain an objection made at the polls,
the ballot is no longer a challenged ballot. When the challenger appears
or produces witnesses or evidence in support of the challenge, the
committee authority in charge shall proceed to hear and
determine the question. Its decision is final. Each ballot which is no
longer challenged and each ballot whose challenge was decided in favor
of the voter must be removed from the envelope, mingled, and counted
and the totals added to the previously counted regular ballot total of all
precincts without attribution to a particular precinct. If the voting at the
voting place is being done upon a voting machine, the managers shall
provide a paper ballot which must be placed in an envelope and treated
as provided in this section.
Where, pursuant to Section 7-13-820, a person's name could not be
verified by the registration board or where a telephone was not available
and the person was allowed to vote a challenged ballot, the Board of
Voter Registration, before the meeting, shall certify to the authority in
charge whether or not the voter is a qualified elector of the precinct in
which he voted his challenged ballot. If the board certifies the person
challenged is not a qualified elector of the precinct, this certification is
considered an administrative challenge and is clear and convincing
evidence for the meeting authority to disallow the ballot. Nothing in this
section prohibits the county election commission from continuing any
challenge administratively as long as it has evidence to sustain the
challenge."
SECTION 11. Section 7-15-420 of the 1976 Code, as last
amended by Act 357 of 1990, is further amended to read:
"Section 7-15-420. The county election commission, municipal election commission,
county committee for each political party, or executive
committee of each municipal party in the case of municipal
primary elections are responsible for the tabulation and reporting of
absentee ballots. At 2:00 p.m. on election day, the managers appointed
pursuant to Section 7-13-70, and in the presence of any watchers that
have been appointed pursuant to Section 7-13-860, may begin the
process of examining the return-addressed envelopes that have been
received by the county registration board making certain that each oath
has been properly signed and witnessed and includes the address of the
witness. All return-addressed envelopes received by the county
registration board before the time for closing the polls must be examined
in this manner. No ballot may be counted unless the oath is properly
signed and witnessed nor may any ballot be counted which is received
by the county registration board after time for closing of the polls. The
printed instructions required by Section 7-15-370(2) to be sent each
absentee ballot applicant must notify him that his vote will not be
counted in either of these events. If a ballot is not challenged, the sealed
return-addressed envelope must be opened by the managers, and the
enclosed envelope marked `Ballot Herein' removed and placed in a
locked box or boxes. After the polls close and all return-addressed
envelopes have been emptied in this manner, the managers shall remove
the ballots contained in the envelopes marked 'Ballot Herein', placing
each one in the ballot box provided for the applicable contest. When all
absentee ballots have been placed in the ballot boxes, they must be
tabulated and reported as a separate precinct in the same manner as other
ballots of the county are counted on election day. The absentee voter
precinct is a countywide precinct and a part of each election district in
the county. If any ballot is challenged, the return-addressed envelope
may not be opened, but must be put aside and the procedure set forth in
Section 7-13-830 must be utilized; but the absentee voter must be given
reasonable notice of the challenged ballot."
SECTION 12. Section 7-15-450 of the 1976 Code is amended to
read:
"Section 7-15-450. This article shall apply applies to political parties
holding or conducting a primary, as the case may be,
and any other authorities conducting an election."
SECTION 13. Section 7-17-510 of the 1976 Code is amended to
read:
"Section 7-17-510. The county committees shall assemble at their respective
courthouses on the morning of the second day after the election at eleven
in the forenoon to tabulate the returns and declare the results of the
primary, so far as it relates to members of the General Assembly and
county officers and shall forward immediately to the State chairman at
Columbia the result of the election in their respective counties for United
States Senator, State officers, congressmen and solicitors. The State
committee shall proceed to canvass the vote and declare the result of the
primary in the State as to such last named officers. The
commissioners of election for the counties shall meet in a convenient
place in the county seat on the Thursday next following the primary,
before one o'clock p.m. of that day and shall organize as the county
board of canvassers for primaries. They may appoint a competent
person as secretary. The chairman shall administer the constitutional
oath to each member of the board and to the secretary. The secretary
shall administer to the chairman the same oath. Each county board of
canvassers for primaries shall canvass the votes of the county and
declare the results. The county board of canvassers for primaries shall
make statements of the votes of the precincts of its county as the nature
of the primary requires not later than noon on the Saturday next
following the primary and at that time transmit and certify to the Board
of State Canvassers the results of its findings. This procedure must be
repeated following every primary runoff. The Board of State Canvassers
shall meet at the office of the State Election Commission within ten days
after the primary and within ten days after the primary runoff, if there is
one, and shall canvass the vote and declare the results of the primaries
and the runoffs in the State for state offices, federal offices, and offices
involving more than one county."
SECTION 14. 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 and members of the State
House of Representatives shall must be filed in writing
by any candidate with the chairman of the county party
executive committee board of canvassers for primaries for the
political party primary in which he was a candidate, 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
board of canvassers for primaries of the result of the election.
Provided, however, that service Service may be
perfected by depositing with the county sheriff one copy of the protest
for the chairman to be served by him, together with a sufficient number
of copies to be served upon all candidates in the protested or contested
race. The sheriff shall take immediate steps to deliver such
the copies to the chairman. The protest shall
must contain each ground thereof of protest
concisely stated separately. The chairman 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 executive
committee for the purpose of hearing the protest."
SECTION 15. Section 7-17-530 of the 1976 Code is amended to
read:
"Section 7-17-530. Before the party primary, each party holding primaries shall
submit four names to the State Election Commission. If there is a
protest by a candidate from a minority party, in a primary, these persons
so designated by that candidate's party shall sit with the county board of
canvassers for primaries to hear and determine the protests involving
that party's candidates. The executive committee
county board of canvassers for primaries shall hear the protest
or contest on Thursday following the deadline for filing same.
Testimony at the hearing of the protest shall must 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 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 county board of
canvassers for primaries shall provide 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 has authority to administer oaths and
subpoena witnesses. Upon the conclusion of the hearing on the protests
the committee county board of canvassers for primaries
shall determine all issues by majority vote and forthwith certify the
results of the election.
The committee county board of canvassers for
primaries shall remain in session until a conclusion has been
reached. All candidates in the protested or contested race,
and the chairman of the State state executive
committee, and the executive director of the State Election
Commission shall must be immediately notified of
the decision."
SECTION 16. Section 7-17-540 of the 1976 Code is amended to
read:
"Section 7-17-540. The decision of the county executive committee board
of canvassers for primaries may be appealed to the Board
of State executive committee Canvassers by any
candidate adversely affected thereby by the decision.
Notice of such the appeal and the grounds
thereof of the appeal shall must be
made not later than three o'clock P.M., Friday noon
Monday next following such the decision by
serving such the notice on the chairman of the
Board of State committee Canvassers.
Provided, that service Service may be perfected by
depositing at the office of the Chief of the State
Law-Enforcement Law Enforcement Division a copy of
the notice and grounds of appeal. A sufficient number of copies to be
served upon all candidates in the protested race shall
must also be delivered to the county sheriff. Such
These officers shall take all steps necessary to deliver the
notices to the respective parties."
SECTION 17. Section 7-17-550 of the 1976 Code is amended to
read:
"Section 7-17-550. Before the primary, each state political party chairman shall
submit four names to the State Election Commission. If there is an
appeal by a candidate from the county board of canvassers for primaries,
the four persons from the protestant's party must sit with the State Board
of Canvassers if they are needed to give the protestant a majority on the
State Board of Canvassers for that protest. The Board of
State executive committee Canvassers shall meet in
Columbia not later than twelve noon, Saturday
Wednesday next following the filing of any notice perfected
under Section 7-17-540, for the purpose of hearing appeals. The
appellant and each all other candidate
candidates in the protested race shall have the right to
be present at such the hearing, to be represented by
counsel, and to be heard on the merits of the appeal. The
Board of State committee Canvassers shall
be is bound by the facts as determined by the county
committee board of canvassers for primaries.
Provided, however, that if If in the opinion of at least
eighteen a majority of the members of the Board
of State committee Canvassers such
the facts should be reviewed, then a hearing de novo
shall must be held by the Board of State
committee Canvassers. In the event of such
this review, the Board of State committee
Canvassers may receive any new evidence or exhibits as
it, shall in its discretion, deem
considers necessary to determine the appeal. The Board
of State committee Canvassers shall remain in
session until all such appeals have been disposed of."
SECTION 18. Section 7-17-560 of the 1976 Code is amended to
read:
"Section 7-17-560. The Board of State executive committee
Canvassers shall meet in Columbia at such a
place as may be designated by the chairman to hear and decide
protests and contests that may arise in the case of Federal
federal officers, State state officers,
members of the State House of Representatives, and officers
involving more than one county. Any such protest or contest
shall must be filed in writing by any candidate for
the political party primary in which he was a candidate with the
chairman of the committee, together with a copy for each
candidate in the race, not later than noon on Monday of the
fifth day following the canvassing of the votes for such
these officers by the committee; Board of State
Canvassers. provided, however, that service
Service upon the chairman may be perfected by depositing at
the office of the chief of the State Law-Enforcement 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 the copies to the chairman. The protest
shall must contain each ground thereof of
protest concisely stated separately. The chairman of the
committee 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 committee for the purposes of hearing the
protest."
SECTION 19. Section 7-17-570 of the 1976 Code is amended to
read:
"Section 7-17-570. The executive committee Board of State
Canvassers shall hear the protest or contest on Thursday
not earlier than the fifth nor later than the tenth day following
the deadline for filing the same receipt of the protest.
Testimony at the hearing shall be is limited to the
grounds stated in the written protest.
The protestant and each all other candidate
candidates 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 committee
Board of State Canvassers 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 has authority to administer oaths and
subpoena witnesses. Upon the conclusion of the hearing of the protest
the committee Board of State Canvassers shall
determine all issues by majority vote and forthwith certify the results of
the election.
The committee Board of State Canvassers shall
remain in session until a conclusion has been reached. All candidates in
the protested or contested race shall must be
immediately notified of the committee's decision of the
Board of State Canvassers."
SECTION 20. Section 7-25-140 of the 1976 Code is amended to
read:
"Section 7-25-140. The county committee authority responsible under
law in any for conducting a party primary and the
commissioners of election or other electoral board in general and special
elections in their discretion may post, or cause to be posted, a copy of
Sections 7-25-120 to 7-25-140, printed on cardboard in as large type as
a board twelve by twelve inches will carry, in each and every
polling precinct."
SECTION 21. Nothing in this part nor any other provision of law
may be construed as prohibiting the political parties in this State from
conducting, according to their own rules and at the party's expense,
presidential preference or advisory primaries.
SECTION 22. If a county operates its elections through an
election and registration commission composed of seven members, the
structure and composition are not affected or changed by the provisions
of this part. However, the provisions for inclusion of majority and
minority party representatives upon the commission and upon the
expanded commission as constituted for primary elections and protests
must be applied to the seven-member commission, mutatis mutandis.
SECTION 23. Except for municipal primaries, all primaries for
national offices, state offices, offices including more than one county,
and countywide and less than countywide offices, specifically including,
but not limited to, all school boards and school trustees, special purpose
district offices, which include, but are not limited to, water, sewer, fire,
soil conservation, and other similar district offices, must be conducted
by the State Election Commission and the county election commissions
on the second Tuesday after the first Monday in September of each
general election year.
SECTION 24. Sections 7-9-110 and 7-13-90 of the 1976 Code
are repealed.
SECTION 25. This act takes effect January 1, 1992, but only if
funded by the General Assembly.
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