S*362 Session 109 (1991-1992)
S*0362(Rat #0260, Act #0253 of 1992) General Bill, By Holland, Matthews, Moore and
Wilson
A Bill to amend Sections 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, 7-17-570, 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 payment for
election protests and contests, revise provisions regarding the conduct of
elections, appointment of county commissioners of election, and managers of
election, ballots, and canvassing of votes; to amend the 1976 Code by adding
Section 7-13-611 so as to provide for the arrangement of official county and
State ballots; to provide for the conduct of Presidential preference or
advisory primaries; to provide for the Act's effect on a county operating its
elections through an Election and Registration Commission composed of seven
members; to provide the date for certain primaries to be conducted by the
State Election Commission and county election commissions; and to repeal
Section 7-9-110 relating to permitting county political party committees to
establish county party election commissions; and to repeal Section 7-13-90
relating to the appointment of managers of primaries.-amended title
12/10/90 Senate Prefiled
12/10/90 Senate Referred to Committee on Judiciary
01/08/91 Senate Introduced and read first time SJ-121
01/08/91 Senate Referred to Committee on Judiciary SJ-121
01/29/91 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-17
01/31/91 Senate Read second time SJ-11
01/31/91 Senate Ordered to third reading with notice of
amendments SJ-12
01/31/91 Senate Debate interrupted SJ-12
02/05/91 Senate Amended SJ-29
02/05/91 Senate Debate interrupted SJ-38
02/07/91 Senate Amended SJ-19
02/07/91 Senate Read third time and sent to House SJ-26
02/12/91 House Introduced and read first time HJ-10
02/12/91 House Referred to Committee on Judiciary HJ-11
04/17/91 House Committee report: Favorable with amendment
Judiciary HJ-19
05/01/91 House Amended HJ-22
05/01/91 House Debate adjourned until Thursday, May 2, 1991 HJ-28
05/02/91 House Amended HJ-25
05/02/91 House Read second time HJ-28
05/02/91 House Unanimous consent for third reading on next
legislative day HJ-28
05/03/91 House Read third time and returned to Senate with
amendments HJ-2
05/07/91 Senate Recommitted to Committee on Judiciary SJ-11
06/05/91 Senate Committee report: Favorable with amendment Judiciary
06/05/91 Senate House amendment amended SJ-48
06/05/91 Senate Returned to House with amendments SJ-63
06/06/91 House Non-concurrence in Senate amendment HJ-21
06/06/91 Senate Senate insists upon amendment and conference
committee appointed Sens. Holland, Peeler,
Patterson SJ-44
06/06/91 House Conference committee appointed Haskins, McElveen
& Hodges HJ-88
09/23/91 House Conference report received and adopted HJ-52
01/15/92 Senate Conf. report to be taken up Tues Jan 21 at 12:30
SJ-186
01/21/92 Senate Conference report received SJ-11
01/21/92 Senate Conference report adopted SJ-16
01/22/92 House Ordered enrolled for ratification HJ-2
02/13/92 Ratified R 260
02/19/92 Signed By Governor
02/19/92 Effective date 02/19/92
02/19/92 See Act for explanation of effective date
02/19/92 Act No. 253
03/06/92 Copies available
(A253, R260, S362)
AN ACT TO AMEND SECTIONS 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, 7-17-570, 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 PAYMENT FOR ELECTION
PROTESTS AND CONTESTS, REVISE PROVISIONS
REGARDING THE CONDUCT OF ELECTIONS,
APPOINTMENT OF COUNTY COMMISSIONERS OF
ELECTION, AND MANAGERS OF ELECTION, BALLOTS,
AND CANVASSING OF VOTES; TO AMEND THE 1976
CODE BY ADDING SECTION 7-13-611 SO AS TO PROVIDE
FOR THE ARRANGEMENT OF OFFICIAL COUNTY AND
STATE BALLOTS; TO PROVIDE FOR THE CONDUCT OF
PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES;
TO PROVIDE FOR THE ACT'S EFFECT ON A COUNTY
OPERATING ITS ELECTIONS THROUGH AN ELECTION
AND REGISTRATION COMMISSION COMPOSED OF
SEVEN MEMBERS; TO PROVIDE THE DATE FOR CERTAIN
PRIMARIES TO BE CONDUCTED BY THE STATE
ELECTION COMMISSION AND COUNTY ELECTION
COMMISSIONS; AND TO REPEAL SECTION 7-9-110
RELATING TO PERMITTING COUNTY POLITICAL PARTY
COMMITTEES TO ESTABLISH COUNTY PARTY
ELECTION COMMISSIONS; AND TO REPEAL SECTION 7-13-90 RELATING TO THE APPOINTMENT OF MANAGERS
OF PRIMARIES.
Be it enacted by the General Assembly of the State of South
Carolina:
Municipal elections excepted
SECTION 1. 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, except
municipal elections, in a newspaper of general circulation in the
county. 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, 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."
Party primaries conducted by State Election Commission and
county election commissions
SECTION 2. 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 a party nominates
candidates by party primary, a party primary 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 of each general election year and a second and third primary
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 May
first, or if May 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. The filing fee for each office is one
percent of the total salary for the term of that office or one
hundred dollars, whichever amount is greater."
Second and other primaries conducted by State Election
Commission and county election commissions
SECTION 3. 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 election commission or the State Election
Commission, as appropriate."
Polls may not be closed earlier
SECTION 4. 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 a.m. and closed at seven o'clock p.m. the day of election
and must be held open during these hours without intermission or
adjournment."
Appointment of county commissioners of election and
managers of election
SECTION 5. 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 senatorial delegation 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 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. 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. For primary elections held on the
second Tuesday in June of each general election 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 the first five hundred electors
registered to vote in each precinct in the county, and may appoint
three additional managers for each five hundred electors
registered to vote in the precinct above the first five hundred
electors, or portion thereof. 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 all other 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. Forty-five days prior to any 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
must 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
any 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. 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 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."
Separate ballots for each political party
SECTION 6. 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 must contain in print only the names of the candidates
who have filed to run in that particular party primary and must
have a stub at the top perforated so as to be easily detached. On
the stub must be printed `Official state (or county) Ballot, (name
of party) Primary', the name of the county and the precinct, and
the date of the primary. On the right side there must be a blank
line under which must be printed `Initials of Issuing Officer'.
Stubs on ballots for each precinct must be numbered
consecutively, beginning with `No. 1'. The ballots must be
furnished by the State Election Commission for all except
members of the General Assembly, county officers, less than
county officers, and circuit solicitors, for which the county
election commission shall furnish the ballots. One ballot must
contain the names of all persons running for state and federal
offices. The other ballot must contain the names of all persons
running for the General Assembly, county offices, less than
county officers, and solicitors.
Ballots furnished by the State Election Commission under this
section must have marked on them in plain type, both on the stub
and on the ballot, the words `Official State Ballot'. Ballots
furnished by the county election commission under this section
must have marked on them in plain type, both on the stub and on
the ballot, the words `Official County Ballot'.
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 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. The State Election
Commission is hereby empowered to establish, under Chapter 23
of Title 1, such rules and regulations as are necessary for the
proper administration of this section."
Arrangement of official county and state ballots
SECTION 7. 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.
The State Election Commission is hereby empowered to
promulgate such rules and regulations under Chapter 23 of Title 1
as are necessary for the arrangement of the official county
ballot."
Challenged votes turned over to appropriate authority
SECTION 8. 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 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 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."
County political party committee not responsible for absentee
ballots
SECTION 9. 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, or executive committee of each
municipal party in the case of municipal primary elections is
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."
Application of article to political parties holding instead of
conducting primaries
SECTION 10. Section 7-15-450 of the 1976 Code is amended
to read:
"Section 7-15-450. This article applies to political
parties holding a primary and any other authorities conducting an
election."
Canvassing of votes and declaration of results
SECTION 11. Section 7-17-510 of the 1976 Code is amended
to read:
"Section 7-17-510. 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 twelve o'clock
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 and shall canvass the vote
and declare the results of the primaries and the runoffs no later
than twelve o' clock noon on the Saturday next following the
primary in the State for state offices, federal offices, and offices
involving more than one county."
Costs of court reporter and transcript of hearing in protests
and contests paid by State Election Commission
SECTION 12. Section 7-17-570 of the 1976 Code is amended
to read:
"Section 7-17-570. The executive committee shall hear
the protest or contest on Thursday following the deadline for
filing the same. Testimony at the hearing 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 committee 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 committee shall determine all issues by majority vote
and forthwith certify the results of the election. The State
Election Commission shall pay for the costs of the court reporter
and the transcript of the hearing.
The committee shall remain in session until a conclusion has
been reached. All candidates in the protested or contested race
shall be immediately notified of the committee's
decision."
Copies of election laws posted by appropriate
authority
SECTION 13. Section 7-25-140 of the 1976 Code is amended
to read:
"Section 7-25-140. The authority responsible under law
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 polling
precinct."
Presidential preference or advisory primaries
SECTION 14. Nothing in this act 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.
Act's effect on counties operating elections through an
election and registration commission composed of seven
members
SECTION 15. 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 act. 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.
Date for certain primaries to be conducted by the State
Election Commission and county election commissions
SECTION 16. Except for municipal primaries, all primaries for
national offices, excluding the Office of President, and all
primaries for 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 in June of each general election year.
Repeal
SECTION 17. Sections 7-9-110 and 7-13-90 of the 1976 Code
are repealed.
Time effective
SECTION 18. This act takes effect upon approval by the
Governor but only if funded by the General Assembly.
Approved the 19th day of February, 1992. |