S 0271 General Bill, By Wilson, Giese, Leventis, Rankin and M.T. Rose

Similar(H 3338)
 A Bill to amend Article 13, Chapter 13, Title 8 of the 1976 Code, relating to
 campaign practices, by adding Section 8-13-1315 so as to provide that a
 candidate may not, directly, indirectly, give, offer, or promise anything of
 value to an election official and to provide that an election official may
 not, directly or indirectly, ask, demand, exact, solicit, seek, accept,
 receive or agree to receive anything of value from a candidate; and to amend
 Section 8-13-1300, relating to definitions for purposes of the provisions
 concerning campaign practices, so as to provide a definition for "election
 official" and to amend the definition of "transfer" to include transfers
 between a candidate and an election official.

   11/14/94  Senate Prefiled
   11/14/94  Senate Referred to Committee on Judiciary
   01/10/95  Senate Introduced and read first time SJ-116
   01/10/95  Senate Referred to Committee on Judiciary SJ-116

A BILL

TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; AND TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL.

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

SECTION 1. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-1315. (A) A candidate may not, directly or indirectly, give, transfer, offer, or promise anything of value to an election official. An election official may not, directly or indirectly, ask, demand, exact, solicit, seek, accept, receive or agree to receive anything of value from a candidate.

(B) The provisions of subsection (A) apply from the beginning of an election cycle until the time that a candidate files a final campaign report."

SECTION 2. Section 8-13-1300(10) of the 1976 Code is amended to read:

"(10) (A) `Election cycle' means the period of a term of office beginning on the day after the general election for the office, up to and including the following general election for the same office, including a primary, special primary, or special election; however, the contribution limits under Sections 8-13-1314 and 8-13-1316 apply only to elections occurring on or after January 1, 1992, and are for each primary, runoff, or special election in which a candidate has opposition and for each general election. If the candidate remains unopposed during an election cycle, one contribution limit shall apply. (B) `Election official' means a member or employee of a municipal, county, or state election commission, whether elected or appointed; a member or employee of a county voter registration board, whether elected or appointed; a member or employee of a combined election commission and voter registration board, whether elected or appointed; a member or employee of a municipal, county, or state party executive committee, whether elected or appointed; and a municipal, county, or state poll manager or poll worker, whether elected or appointed."

SECTION 3. Section 8-13-1300(30) of the 1976 Code is amended to read:

(30) `Transfer' means the movement or exchange of funds or anything of value between committees and candidates, or between a candidate and an election official, except the disposition of surplus funds or material assets by a candidate to a party committee, as provided in this article."

SECTION 4. This act takes effect upon approval by the Governor.