S 268 Session 111 (1995-1996)
S 0268 General Bill, By McConnell, Passailaigue and M.T. Rose
A Bill to amend Section 4-9-1210, Code of Laws of South Carolina, 1976,
relating to the qualified electors of a county proposing certain ordinances by
petition, so as to revise the number of signatures required for the petition
and to authorize the qualified electors of a county, municipality, school
district, or special purpose district to propose ordinances or resolutions
limiting the total revenue which the county may expend during a fiscal year;
by adding Section 7-1-90 so as to permit persons to solicit signatures of
electors on petitions while on public property, provide a procedure for
determining the validity of the signatures on petitions, and provide for a
procedure by which signatures or entries may be challenged; and by adding
Section 7-1-100 so as to prohibit a county, municipality, school district, or
other political subdivision from belonging to or donating, directly or
indirectly, and to an organization which supports or opposes a ballot issue,
and prohibit public funds, property, or time from being used by a person
holding elective office or employed by a governmental entity to create or
distribute material involving a ballot issue.
11/14/94 Senate Prefiled
11/14/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-115
01/10/95 Senate Referred to Committee on Judiciary SJ-115
A BILL
TO AMEND SECTION 4-9-1210, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE QUALIFIED
ELECTORS OF A COUNTY PROPOSING CERTAIN
ORDINANCES BY PETITION, SO AS TO REVISE THE
NUMBER OF SIGNATURES REQUIRED FOR THE PETITION
AND TO AUTHORIZE THE QUALIFIED ELECTORS OF A
COUNTY, MUNICIPALITY, SCHOOL DISTRICT, OR SPECIAL
PURPOSE DISTRICT TO PROPOSE ORDINANCES OR
RESOLUTIONS LIMITING THE TOTAL REVENUE WHICH
THE COUNTY MAY EXPEND DURING A FISCAL YEAR; BY
ADDING SECTION 7-1-90 SO AS TO PERMIT PERSONS TO
SOLICIT SIGNATURES OF ELECTORS ON PETITIONS
WHILE ON PUBLIC PROPERTY, PROVIDE A PROCEDURE
FOR DETERMINING THE VALIDITY OF THE SIGNATURES
ON PETITIONS, AND PROVIDE FOR A PROCEDURE BY
WHICH SIGNATURES OR ENTRIES MAY BE CHALLENGED;
AND BY ADDING SECTION 7-1-100 SO AS TO PROHIBIT A
COUNTY, MUNICIPALITY, SCHOOL DISTRICT, OR OTHER
POLITICAL SUBDIVISION FROM BELONGING TO OR
DONATING, DIRECTLY OR INDIRECTLY, AND TO AN
ORGANIZATION WHICH SUPPORTS OR OPPOSES A
BALLOT ISSUE, AND PROHIBIT PUBLIC FUNDS,
PROPERTY, OR TIME FROM BEING USED BY A PERSON
HOLDING ELECTIVE OFFICE OR EMPLOYED BY A
GOVERNMENTAL ENTITY TO CREATE OR DISTRIBUTE
MATERIAL INVOLVING A BALLOT ISSUE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 4-9-1210 of the 1976 Code is amended to
read:
"Section 4-9-1210. (A) Except as
otherwise provided in subsection (B), the qualified electors of
any a county may propose any ordinance, except an
ordinance appropriating money or authorizing the levy of taxes, and
adopt or reject such the ordinance at the polls. Any
initiated ordinance may be submitted to the council by a petition
signed by qualified electors of the county equal in number to at
least fifteen five percent of the qualified electors of
the county.
(B) The qualified electors of any county may propose an
ordinance limiting the total revenue which the county may expend
during a fiscal year. Fiscal year revenue means all revenue
received by the county except for federal funds and state funds.
Revenue limits do not apply to a county enterprise that receives less
than twenty-five percent of its revenue from ad valorem property
taxes. Any initiated ordinance may be submitted to the county
council by petition signed by qualified electors of the county equal
in number to at least five percent of the qualified electors of the
county. The revenue limits may be exceeded for the issuance or
repayment of bonds which do not exceed the applicable
constitutional debt limitation. The qualified electors of special
purpose or public service districts, fiscally independent school
districts, and other political subdivisions that receive revenue from
ad valorem property taxes may propose ordinances or resolutions, as
appropriate, by the same process. The ordinance or resolution must
be considered or adopted, or both, in the same manner other
ordinances initiated by petition are considered and adopted as
provided in this article."
SECTION 2. The 1976 Code is amended by adding:
"Section 7-1-90. (A) No person may infringe upon the
right of a person to solicit peaceably the signatures of electors while
on property owned or leased by the State, a county or municipality,
school district, public service or special purpose district, or any
other political subdivision of this State which is open to the public.
(B) All petitions submitted pursuant to the provisions of Article
13, Chapter 9, Title 4 and Chapter 17, Title 5, must conform to the
form of the petition required by Section 7-11-80.
(C) Entries on petitions for the purposes enumerated in Article
13, Chapter 9, Title 4 and Chapter 17, Title 5 may be corrected
only by the person signing the petition and making the entry and do
not affect the validity of any other entry.
(D) All signatures and entries are considered valid if not
protested by a party other than the State or political subdivision
within forty-five days of filing of the petition.
(E) Signatures and the entries associated with them may be
found invalid only at a public hearing at which the county election
commission, using judicial rules of evidence and procedures, finds
that they do not meet the requirements of Section 7-11-80. All
reasons for declaring a signature or entry invalid must be found at
the hearing.
(F) The county election commission has the burden of proof of
finding that a signature or entry invalid beyond a reasonable doubt.
(G) A person signing a petition is presumed to be a qualified
elector whose signature and entry are valid unless declared invalid
by the county election commission.
(H) Notwithstanding the provisions of Section 7-11-85, every
signature on a petition submitted pursuant to the provisions of
Article 13, Chapter 9, Title 4 or Chapter 17, Title 5 must be
counted. No random sampling of the validity of petition signatures
is permitted.
(I) Petitioners have up to ten days after a public hearing
conducted pursuant to the provisions of this section to file
corrections and new entries or petitions to which the provisions of
this section apply."
SECTION 3. The 1976 Code is amended by adding:
"Section 7-1-100. (A) No county, municipality, school
district, or other political subdivision may belong to or donate,
directly or indirectly, to an organization which supports or opposes
a ballot issue.
(B) No person holding elective office or person employed or
paid by a governmental entity may use public funds, property, or
time to create or distribute material involving a ballot issue. This
requirement does not affect election notices or judicial processes
which require ballot issue analyses."
SECTION 4. This act takes effect upon approval by the
Governor.
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