H 3539 Session 110 (1993-1994)
H 3539 General Bill, By Davenport
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 14
to Chapter 13 of Title 8 so as to prohibit active participation in partisan
political management or in partisan political campaigns by a person employed
by an agency or instrumentality of the State or by a political subdivision of
the State whose wages, salary, or compensation is paid, in whole or in part,
by State funds, and to provide exceptions.
02/18/93 House Introduced and read first time HJ-10
02/18/93 House Referred to Committee on Judiciary HJ-10
04/22/93 House Tabled in committee
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING ARTICLE 14 TO CHAPTER 13 OF TITLE 8 SO AS TO
PROHIBIT ACTIVE PARTICIPATION IN PARTISAN POLITICAL
MANAGEMENT OR IN PARTISAN POLITICAL CAMPAIGNS BY
A PERSON EMPLOYED BY AN AGENCY OR
INSTRUMENTALITY OF THE STATE OR BY A POLITICAL
SUBDIVISION OF THE STATE WHOSE WAGES, SALARY, OR
COMPENSATION IS PAID, IN WHOLE OR IN PART, BY STATE
FUNDS, AND TO PROVIDE EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 13, Title 8 of the 1976 Code is amended by
adding:
"Article 14
Campaign Practices of State Employees
Section 8-13-710. As used in this article, `employee' means a person
employed by an agency, department, entity, or instrumentality of the
State of South Carolina or by any political subdivision of the State
whose wages, salary, or compensation is paid, in whole or in part, by
state funds. The term `employee' includes all persons whose
employment status or relationship with the State or political subdivision
of the State is full-time, part-time, or temporary.
Section 8-13-720. An employee subject to the provisions of this
article may not:
(1) be a candidate for nomination or election to a national, state,
multicounty, countywide, less-than-countywide, or municipal public
office, except that this prohibition does not apply to a nonpartisan
election in which none of the candidates represents a political party;
(2) serve as an officer of a political party, a member of a national,
state, county, or municipal committee of a political party, an officer or
member of a committee of a partisan political club or organization, or be
a candidate for any of these positions;
(3) participate in the organizing or reorganizing of a political party,
organization, or club;
(4) solicit, receive, collect, handle, disburse, or account for
assessments, contributions, or other funds for any partisan political
purpose or in connection with a partisan election;
(5) sell tickets for or otherwise actively promote political fund-raising events or functions, including, specifically, political dinners;
(6) manage or otherwise promote the partisan political campaign of
a candidate for (a) a national, state, multicounty, countywide, less-than-countywide, or municipal public office or (b) a position as an officer of
a political party, a member of a national, state, county, or municipal
committee of a political party, or an officer or member of a committee
of a partisan political club or organization. For the purposes of this item,
the terms `manage' and `otherwise promote' specifically include the use
by the employee of telephones, typewriters, computers, printers,
duplicating or copying machines, stationery, paper, or other office
supplies at his place of employment for the benefit of, or to the detriment
of, a candidate referred to in subitems (a) and (b) of this item;
(7) work at the polls in a partisan election on behalf of, or against,
a candidate or political party in the election by acting as a manager,
assistant manager, or otherwise filling the capacity of one who conducts
or assists in conducting the election, or by acting as a checker, observer,
challenger, watcher, or filling a similar partisan political position;
(8) distribute campaign literature or similar material of a partisan
political nature at any time or place;
(9) serve as a delegate, alternate, or proxy to a political party
convention;
(10) address a convention, rally, caucus, or similar gathering of a
political party in support of, or in opposition to, a candidate for a public
office or a political party in a partisan election or in support of, or in
opposition to, a candidate for a political party office or in support of, or
in opposition to, a partisan political question;
(11) endorse or oppose a candidate or a political party in a partisan
election through political advertisement, broadcast, campaign literature,
or similar material;
(12) use a motor vehicle to drive voters to the polls on behalf of a
political party or a candidate in a partisan election.
Section 8-13-730. The provisions of Section 8-13-720 must be
strictly construed for the purposes of enforcement and the imposition of
the penalties provided for in this act. Nothing contained in this act may
be construed to prohibit registration for voting purposes in the manner
allowed by law, voting in the manner the employee chooses, wearing a
political badge or button, displaying a political sticker on the employee's
personal motor vehicle, displaying a partisan political sign, poster, or
banner on the employee's private property, making a voluntary campaign
contribution to a political party, club, or organization or to a candidate
in a partisan election, or doing any other thing not specifically prohibited
under Section 8-13-720.
Section 8-13-740. An employee who violates any of the provisions
of Section 8-13-720 is guilty of a misdemeanor and, upon conviction,
must be punished by a fine of five hundred dollars or by imprisonment
for thirty days, or both. A person convicted under the provisions of this
act shall forfeit two months' salary, wages, or compensation.
Each violation of the provisions of Section 8-13-720 must be
considered a separate offense for the purposes of prosecution and the
imposition of the penalties pursuant to this section."
SECTION 2. This act takes effect upon approval by the Governor.
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