H*3418(Rat #0383, Act #0364 of 1988)  General Bill, By T.W. Edwards, 
H.H. Clyborne, D.E. Martin and J.M. White

Similar(S 967)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 5-15-125 so as to provide for a runoff election to break ties in municipal
 elections and to postpone subsequent municipal elections if there is a
 tie-breaker runoff election; to add Article 19 in Chapter 13 of Title 7,
 relating to the conduct of elections, so as to provide for tie-breaking
 general, special, and primary elections; to amend Sections 7-13-50 and
 7-13-1170, relating respectively to runoff primary elections and cases where
 the Governor orders new elections, so as to delete provisions relating to tie
 elections.

   12/21/87  House  Prefiled
   12/21/87  House  Referred to Committee on Judiciary
   01/12/88  House  Introduced and read first time HJ-281
   01/12/88  House  Referred to Committee on Judiciary HJ-282
   01/20/88  House  Committee report: Favorable Judiciary HJ-424
   02/04/88  House  Read second time HJ-947
   02/09/88  House  Read third time and sent to Senate HJ-999
   02/10/88  Senate Introduced and read first time SJ-10
   02/10/88  Senate Referred to Committee on Judiciary SJ-10
   02/24/88  Senate Committee report: Favorable Judiciary SJ-26
   02/25/88  Senate Read second time SJ-34
   02/25/88  Senate Unanimous consent for third reading on next
                     legislative day SJ-35
   02/26/88  Senate Read third time and enrolled SJ-2
   03/08/88         Ratified R 383
   03/14/88         Signed By Governor
   03/14/88         Effective date 03/14/88
   03/14/88         Act No. 364
   03/22/88         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-125 SO AS TO PROVIDE FOR A RUNOFF ELECTION TO BREAK TIES IN MUNICIPAL ELECTIONS AND TO POSTPONE SUBSEQUENT MUNICIPAL ELECTIONS IF THERE IS A TIE-BREAKER RUNOFF ELECTION; TO ADD ARTICLE 19 IN CHAPTER 13 OF TITLE 7, RELATING TO THE CONDUCT OF ELECTIONS, SO AS TO PROVIDE FOR TIE-BREAKING GENERAL, SPECIAL, AND PRIMARY ELECTIONS; TO AMEND SECTIONS 7-13-50 AND 7-13-1170, RELATING RESPECTIVELY TO RUNOFF PRIMARY ELECTIONS AND CASES WHERE THE GOVERNOR ORDERS NEW ELECTIONS, SO AS TO DELETE PROVISIONS RELATING TO TIE ELECTIONS.

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

Tie municipal election

SECTION 1. Chapter 15, Title 5 of the 1976 Code is amended by adding:

"Section 5-15-125. If any municipal election results in a tie, the municipal election commission or the municipal party committee shall conduct a runoff election to break the tie two weeks following that election. In the tie-breaking runoff, the laws of this State apply, mutatis mutandi. If the date for the tie-breaking runoff election falls on a legal holiday, it must be set for the same day of the first week following which is not a legal holiday. If a tie-breaking runoff election is required, any remaining municipal elections required are postponed for two weeks. If the date of a postponed election falls on a legal holiday, it must be set for the same day of the first week following which is not a legal holiday."

Article added

SECTION 2. Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Article 19

General, Special, and Primary Elections

Resulting in a Tie

Section 7-13-2210. If any general election or special election, other than a nonpartisan municipal election, results in a tie vote and no candidate withdraws, the election officials who conducted the tie election shall conduct a runoff election to break the tie two weeks following the tie election. In the tie-breaking runoff, the laws of this State apply, mutatis mutandi. If the date for the tie-breaking runoff falls on a legal holiday, it must be held on the same day of the first week following which is not a legal holiday.

Section 7-13-2220. If any primary election, other than a nonpartisan municipal primary election, results in a tie vote and no candidate withdraws, the party officials shall conduct a runoff election to break the tie two weeks following that election. In the tie-breaking election, the laws of this State apply, mutatis mutandi. If the date for the tie-breaking runoff election falls on a legal holiday, it must be held on the same day of the first week following which is not a legal holiday. If a tie-breaking runoff election is required, any remaining primary elections required are postponed for two weeks. If the date for a postponed election falls on a legal holiday, it must be set for the same day of the first week following which is not a legal holiday."

Primary elections

SECTION 3. Section 7-13-50 of the 1976 Code is 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 or the state chairman, as appropriate."

Action by governor

SECTION 4. Section 7-13-1170 of the 1976 Code is amended to read:

"Section 7-13-1170. When any election official of any political subdivision of this State charged with ordering, providing for, or holding an election has neglected, failed, or refused to order, provide for, or hold the election at the time appointed, or if for any reason the election is declared void by competent authority, and these facts are made to appear to the satisfaction of the Governor, he shall, should the law not otherwise provide for this contingency, order an election or a new election to be held at the time and place, and upon the notice being given which to him appears adequate to insure the will of the electorate being fairly expressed. To that end, he may designate the existing election official or other person as he may appoint to perform the necessary official duties pertaining to the election and to declare the result."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.