H 4454 Session 110 (1993-1994)
H 4454 General Bill, By Davenport
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 14
to 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 political subdivision of the
State whose wages, salary, or compensation is paid, in whole or in part, by
state funds, and to provide exceptions.
01/12/94 House Introduced and read first time HJ-10
01/12/94 House Referred to Committee on Judiciary HJ-10
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 14 TO 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. Title 8 of the 1976 Code is amended by adding:
"CHAPTER 14
Campaign Practices of State Employees
Section 8-14-10. As used in this chapter, `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, but does not include a
person occupying an office that is filled by a vote of qualified electors
for a definite term fixed by law.
Section 8-14-20. An employee subject to the provisions of this
chapter 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 8-14-30. The provisions of Section 8-14-20 must be strictly
construed for the purposes of enforcement and the imposition of the
penalties provided for in this chapter. Nothing contained in this chapter
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 8-14-20.
Section 8-14-40. (A) An employee who violates any of the
provisions of Section 8-14-20 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 chapter shall forfeit two months' salary, wages, or
compensation.
(B) Each violation of the provisions of Section 8-14-20 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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