H 3370 General Bill, By Vaughn, Leach, Simrill, Allen, Allison, Altman, Askins, 
Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, 
R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, 
Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, 
Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, 
Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, 
Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Lee, 
Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, 
McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, 
J.M. Neal, Neilson, Ott, D. Owens, Parks, Phillips, Rhoad, Rice, Riser, Rivers, 
Robinson, Rodgers, Sandifer, Scarborough, Scott, Sharpe, Sinclair, D.C. Smith, 
F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, 
Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Walker, Webb, 
Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young
 A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO CERTIFICATION OF NAMES OF PRIMARY CANDIDATES, SO AS TO
 REQUIRE A FILING FEE OF A CANDIDATE WHOSE NAME IS ON THE BALLOT IN THE GENERAL
 ELECTION WITHOUT RUNNING IN A PRIMARY AND TO EXCLUDE SCHOOL BOARD PRIMARIES
 FROM THIS PROVISION.

   01/25/01  House  Introduced and read first time HJ-17
   01/25/01  House  Referred to Committee on Judiciary HJ-18

TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF NAMES OF PRIMARY CANDIDATES, SO AS TO REQUIRE A FILING FEE OF A CANDIDATE WHOSE NAME IS ON THE BALLOT IN THE GENERAL ELECTION WITHOUT RUNNING IN A PRIMARY AND TO EXCLUDE SCHOOL BOARD PRIMARIES FROM THIS PROVISION.

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

SECTION    1.    Section 7-13-40 of the 1976 Code, as last amended by Act 236 of 2000, is further amended to read:

    "Section 7-13-40.    In the event that If 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. Written 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 April ninth, or if April ninth falls on a Saturday or Sunday, not later than twelve o'clock noon on the following Monday. Political parties nominating candidates by party primary must verify the qualifications of those candidates prior to certification to the appropriate election commission of the names of candidates to be placed on primary ballots. The written verification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for office for which he has filed. Political parties must not accept the filing of any candidate who does not or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office for which the candidate desires to file, and such candidate's name shall not be placed on a primary ballot. The filing fees for all candidates filing to run in all primaries, except municipal and school board 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 primary elections and must be used for that purpose. A person who is nominated by a party, but does not run in a primary, must pay his filing fee to the authority charged by law with conducting the election, who must forward it to the State Election Commission and be used in the same manner prescribed in this section for filing fees. 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."

SECTION    2.    This act takes effect upon approval by the Governor.