H*2361 Session 106 (1985-1986)
H*2361(Rat #0342, Act #0327 of 1986) General Bill, By J.C. Hearn and Harvin
A Bill to amend Section 7-9-50, Code of Laws of South Carolina, 1976, relating
to the meeting of clubs of political parties, so as to require clubs to meet
no later than two weeks prior to the county convention instead of requiring
them to meet in each general election year; to amend Section 7-9-70, as
amended, relating to county conventions of political parties, so as to provide
that county conventions must be held during a twelve-month period ending March
thirty-first of every general election year, to authorize the county
committees to set the date, time, and location which must be at least two
weeks prior to the state convention, to provide that the county convention
must be held for the purpose of reorganization only, to require the county
committee to establish the date, time, and location that the county convention
must be reconvened during the general election year to nominate candidates for
public office to be filled in the general election; and to amend Section
7-9-100, as amended, relating to state conventions of political parties, so as
to provide that state conventions must be held during a twelve-month period
ending April fifteenth of every general election year, to require the state
committee, if the date for the state convention is fixed in a non-general
election year, to be held for the purpose of reorganization only, to require
the convention, which is held for the purpose of nominating candidates for
public office to be filled in the general election, to be held in the general
election year, to require the state committee, when it sets the date for the
state convention, to set the month during the twelve-month period ending March
thirty-first of every general election year in which the convention is to be
held, to require the committee, if it sets a month in a non-general election
year for the county convention, to set a month during the general election
year for the county convention to be reconvened for the purpose of nominating
candidates for public office to be filled in the general election, and to
require the committee to provide advance notice of the month set for county
conventions.
02/07/85 House Introduced and read first time HJ-595
02/07/85 House Referred to Committee on Judiciary HJ-596
03/13/85 House Committee report: Favorable Judiciary HJ-1249
03/19/85 House Read second time HJ-1422
03/20/85 House Read third time and sent to Senate HJ-1486
03/20/85 Senate Introduced and read first time SJ-939
03/20/85 Senate Referred to Committee on Judiciary SJ-940
01/29/86 Senate Committee report: Favorable Judiciary SJ-290
02/06/86 Senate Read second time SJ-514
02/06/86 Senate Ordered to third reading with notice of
amendments SJ-514
02/12/86 Senate Read third time and enrolled SJ-553
02/18/86 Ratified R 342
02/20/86 Signed By Governor
02/20/86 Effective date 02/20/86
02/20/86 Act No. 327
03/06/86 Copies available
(A327, R342, H2361)
AN ACT TO AMEND SECTION 7-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO THE MEETINGS OF CLUBS OF POLITICAL PARTIES, SO AS TO REQUIRE CLUBS TO MEET NO
LATER THAN TWO WEEKS PRIOR TO THE COUNTY CONVENTION INSTEAD OF REQUIRING THEM TO
MEET IN EACH GENERAL ELECTION YEAR; TO AMEND SECTION 7-9-70, AS AMENDED, RELATING
TO COUNTY CONVENTIONS OF POLITICAL PARTIES, SO AS TO PROVIDE THAT COUNTY
CONVENTIONS MUST BE HELD DURING A TWELVE-MONTH PERIOD ENDING MARCH THIRTY-FIRST
OF EVERY GENERAL ELECTION YEAR, TO AUTHORIZE THE COUNTY COMMITTEES TO SET THE
DATE, TIME, AND LOCATION WHICH MUST BE AT LEAST TWO WEEKS PRIOR TO THE STATE
CONVENTION, TO PROVIDE THAT THE COUNTY CONVENTION MUST BE HELD FOR THE PURPOSE
OF REORGANIZATION ONLY, TO REQUIRE THE COUNTY COMMITTEE TO ESTABLISH THE DATE,
TIME, AND LOCATION THAT THE COUNTY CONVENTION MUST BE RECONVENED DURING THE
GENERAL ELECTION YEAR TO NOMINATE CANDIDATES FOR PUBLIC OFFICE TO BE FILLED IN
THE GENERAL ELECTION; AND TO AMEND SECTION 7-9-100, AS AMENDED, RELATING TO STATE
CONVENTIONS OF POLITICAL PARTIES, SO AS TO PROVIDE THAT STATE CONVENTIONS MUST
BE HELD DURING A TWELVE-MONTH PERIOD ENDING APRIL FIFTEENTH OF EVERY GENERAL
ELECTION YEAR, TO REQUIRE THE STATE COMMITTEE, IF THE DATE FOR THE STATE
CONVENTION IS FIXED IN A NONGENERAL ELECTION YEAR, TO BE HELD FOR THE PURPOSE OF
REORGANIZATION ONLY, TO REQUIRE THE CONVENTION, WHICH IS HELD FOR THE PURPOSE OF
NOMINATING CANDIDATES FOR PUBLIC OFFICE TO BE FILLED IN THE GENERAL ELECTION, TO
BE HELD IN THE GENERAL ELECTION YEAR, TO REQUIRE THE STATE COMMITTEE, WHEN IT
SETS THE DATE FOR THE STATE CONVENTION, TO SET THE MONTH DURING THE TWELVE-MONTH
PERIOD ENDING MARCH THIRTY-FIRST OF EVERY GENERAL ELECTION YEAR IN WHICH THE
CONVENTION IS TO BE HELD, TO REQUIRE THE COMMITTEE, IF IT SETS A MONTH IN A
NONGENERAL ELECTION YEAR FOR THE COUNTY CONVENTION, TO SET A MONTH DURING THE
GENERAL ELECTION YEAR FOR THE COUNTY CONVENTION TO BE RECONVENED FOR THE PURPOSE
OF NOMINATING CANDIDATES FOR PUBLIC OFFICE TO BE FILLED IN THE GENERAL ELECTION,
AND TO REQUIRE THE COMMITTEE TO PROVIDE ADVANCE NOTICE OF THE MONTH SET FOR
COUNTY CONVENTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Special meetings
SECTION 1. Section 7-9-50 of the 1976 Code is amended to read:
"Section 7-9-50. The president and five members may call all special
meetings of the club, except for reorganization, provided for in the succeeding
paragraph. At least forty-eight hours' public notice of all special meetings
must be given in a newspaper of general circulation in the area where the club
is situated.
The clubs shall meet for reorganization at the usual place of meeting, at the
time and on the day as determined by the county committee no later than two weeks
prior to the county convention. A notice must be published by the county
committee once a week for two consecutive weeks, not more than three weeks nor
less than two weeks, before the meeting date in a newspaper having general
circulation in the county. If any existing club fails to reorganize on the day
fixed, the county chairman may fix a day for the club to meet for reorganization
by giving two weeks' notice."
County conventions
SECTION 2. Section 7-9-70 of the 1976 Code, as last amended by Act 173 of 1979,
is further amended to read:
"Section 7-9-70. County conventions must be held during a twelve-month
period ending March thirty-first of every general election year during a month
determined by the state committee as provided in Section 7-9-100. The county
committee shall set the date, time, and location during the month designated by
the state committee for the county convention to be held; however, the date set
by the county committee for the county convention must be at least two weeks
prior to the state convention. When a month in a nongeneral election year is
chosen for the county convention, it must be held for the purpose of
reorganization only. The date, time, and location that the county convention
must be reconvened during the general election year to nominate candidates for
public office to be filled in the general election must be set by county
committee. Notices, both for the convention to be held for reorganization and
for the reconvened convention to nominate candidates, must be published by the
county committee, once a week for two consecutive weeks, not more than three not
less than two weeks, before the day in a newspaper having general circulation in
the county. The convention must be composed of delegates elected from the clubs
in the county, one delegate for every twenty-five members and major fraction
thereof, based upon the number of votes polled in the first primary of the
preceding general election year or based upon the number of votes for
presidential electors at the last preceding general election therefor from the
precinct as determined by the state committee. The same basis must be used in
all precincts; or if the last preceding nominations were by convention, the
representation must be based upon the number of votes for presidential electors
at the last preceding general election therefor from the precinct. The list of
delegates certified to by the president and secretary of each club shall
constitute the temporary roll of the county convention. Where new precincts have
been created or where the areas of precincts have been redefined, the party
executive committee of the affected counties shall apportion delegates from the
clubs representing the precincts."
State convention
SECTION 3. Section 7-9-100, as last amended by Section 2 of Act 133 of 1977, is
further amended to read:
"Section 7-9-100. The state convention shall meet at Columbia during a
twelve-month period ending April fifteenth of every general election year on a
day and at a time fixed by the state committee and announced publicly at least
ten days before the meeting. Should the state committee fix the date for the
state convention in a nongeneral election year, it must be held for the purpose
of reorganization only. The convention to be held for the purpose of nominating
candidates for public office to be filled in the general election must be held
in the general election year. At the time that the state committee sets the date
for the state convention it shall set what month during the twelve month period
ending March thirty-first of every general election year that the county
convention must be held. If it sets a month in a nongeneral election year for
the county conventions to be held for the purpose of reorganization, it must also
set a month during the general election year for the county convention to be
reconvened for the purpose of nominating candidates for public office to be
filled in the general election. Sufficient advance notice of the month set for
county conventions must be given to county executive committees so that the
public notices required by law may be met. The convention must be composed of
delegates elected by the county conventions, each county is entitled to one
delegate for each six thousand residents of the county, according to the latest
official United States Census, plus two additional members. If a county has a
fractional portion of population of at least three thousand residents above its
last six thousand resident figure it is entitled to an additional delegate. When
the state convention assembles, it must be called to order by the chairman of the
state committee. A temporary president must be nominated and elected by the
convention, and after its organization the convention shall proceed immediately
to the election of permanent officers and to the transaction of business. When
the business has concluded it shall adjourn sine die, or may recess. But the
state chairman may recall the state convention into special session at any time
he determines appropriate.
The officers of the state convention must be a president, vice president, two
secretaries, and a treasurer. Each county delegation to a state convention may
fill any vacancies therein. Any county failing or refusing to organize under the
provisions of this title may not have representation in the state convention.
The state officers must be reported to the Secretary of State and to the State
Election Commission within fifteen days of their election and the reports must
be public record."
Time effective
SECTION 4. This act shall take effect upon approval by the Governor. |