H*2860(Rat #0382, Act #0363 of 1988)  General Bill, By H.H. Keyserling, 
M.O. Alexander, Alexander, J.M. Arthur, Bailey, K.E. Bailey, Barfield, 
J.M. Baxley, D.M. Beasley, L.E. Bennett, Boan, G.A. Brown, J. Brown, R.B. Brown, 
Carnell, M.J. Cooper, C.M. Dangerfield, F.L. Day, T.W. Edwards, Elliott, 
J. Faber, T. Ferguson, S.R. Foster, L.E. Gentry, F. Gilbert, J.V. Gregory, 
J.L. Harris, P.B. Harris, Harvin, Hayes, B.L. Hendricks, J.H. Hodges, D.N. Holt, 
T.E. Huff, J.C. Johnson, J.W. Johnson, W.H. Jones, R.O. Kay, Kirsh, 
J.E. Lockemy, D.E. Martin, Martin, J.G. Mattos, J.G. McAbee, F.E. McBride, 
D.M. McEachin, J.T. McElveen, A.C. McGinnis, McKay, R.N. McLellan, M. McLeod, 
J.W. McLeod, D.E. McTeer, D.A. Moss, Neilson, J.H. Nesbitt, E.L. Nettles, 
J.T. Petty, L. Phillips, Rhoad, C.H. Rice, J.I. Rogers, T.F. Rogers, 
I.K. Rudnick, Sheheen, S.V. Shelton, P.E. Short, J.J. Snow, E.C. Stoddard, 
L.L. Taylor, J.H. Toal, Townsend, J.W. Tucker, D.C. Waldrop, Washington, 
L.S. Whipper, J.M. White and J.B. Wilder
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 7-11-15 so as to provide procedure for qualification as a candidate for
 election in a General Election; and to amend Sections 7-13-40 and 7-13-190 of
 the 1976 Code, relating to elections, so as to delete provisions establishing
 entry dates for persons seeking nomination in party primaries and to provide
 that candidates for office in partisan elections may file as provided in
 Section 7-11-15.-amended title

   04/09/87  House  Introduced and read first time HJ-1741
   04/09/87  House  Referred to Committee on Judiciary HJ-1741
   05/13/87  House  Committee report: Favorable with amendment
                     Judiciary HJ-2635
   05/19/87  House  Amended HJ-2907
   05/19/87  House  Read second time HJ-2911
   05/20/87  House  Read third time and sent to Senate HJ-2988
   05/21/87  Senate Introduced and read first time SJ-2055
   05/21/87  Senate Referred to Committee on Judiciary SJ-2056
   02/24/88  Senate Committee report: Favorable Judiciary SJ-24
   02/25/88  Senate Read second time SJ-32
   02/25/88  Senate Unanimous consent for third reading on next
                     legislative day SJ-33
   02/26/88  Senate Read third time and enrolled SJ-1
   03/08/88         Ratified R 382
   03/14/88         Signed By Governor
   03/14/88         Effective date 03/14/88
   03/14/88         Act No. 363
   03/22/88         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-15 SO AS TO PROVIDE PROCEDURE FOR QUALIFICATION AS A CANDIDATE FOR ELECTION IN A GENERAL ELECTION; AND TO AMEND SECTIONS 7-13-40 AND 7-13-190 OF THE 1976 CODE, RELATING TO ELECTIONS, SO AS TO DELETE PROVISIONS ESTABLISHING ENTRY DATES FOR PERSONS SEEKING NOMINATION IN PARTY PRIMARIES AND TO PROVIDE THAT CANDIDATES FOR OFFICE IN PARTISAN ELECTIONS MAY FILE AS PROVIDED IN SECTION 7-11-15.

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

Qualifications to run as a candidate in general elections

SECTION 1. Chapter 11, Title 7 of the 1976 Code is amended by adding:

"Section 7-11-15. In order to qualify as a candidate to run in the general election, all candidates, whether seeking nomination by political party primary, political party convention, or by petition must file a statement of intention of candidacy, as follows:

(1) candidates seeking nomination by political party primary and political party convention for a statewide, congressional, or district office which includes more than one county, shall file their statement of candidacy with the State Executive Committee of their respective party between noon on April sixteenth and noon on April thirtieth and those candidates seeking nomination by political party primary and political party convention for the state Senate, House of Representatives, a countywide, or less than countywide office shall file their statement of candidacy with the county executive committee with their respective party between noon March sixteenth and noon March thirtieth;

(2) candidates seeking nomination by petition for a statewide, congressional, or district office which includes more than one county shall file their statement of candidacy with the State Election Commission between noon April sixteenth and noon April thirtieth;

(3) those candidates seeking nomination by petition for office of state Senate, House of Representatives, a countywide, or less than countywide office shall file their statement of candidacy with the county election commission in the county of their residence between noon March sixteenth and noon March thirtieth.

The county executive committee of any political party with whom statements of candidacy are filed and the county election commission with whom statements of candidacy are filed must file, in turn, all statements of candidacy with the county clerk of court by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a holiday, the statements must be filed by noon the following day. The State Executive Committee of any political party with whom statements of candidacy are filed must file, in turn, all the statements of candidacy with the State Election Commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a holiday, the statements must be filed by noon the following day. No candidate's name may appear on a primary election ballot, convention slate of candidates, petition, general election ballot, or special election ballot if the candidate's statement of candidacy has not been filed with the county clerk of court or State Election Commission, as the case may be, by the deadline. The candidate's name will appear if the candidate produces the signed and dated copy of his timely filed statement of candidacy.

The statement of candidacy required in this section and in Section 7-13-190(B) must be on such form as designed and provided by the State Election Commission. It must be filed in triplicate by the candidate, and the political party committee or county election commission with whom it is filed must stamp it with the date and time received, sign it, keep one copy, return one copy to the candidate, and send one copy to either the county clerk of court or the State Election Commission, as the case may be.

If, after the closing of the time for filing statements of candidacy, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved; provided, that for the office of state Senator, the discretion must be exercised by the State committee."

Dates for party primary elections

SECTION 2. Section 7-13-40 of the 1976 Code is amended to read:

"Section 7-13-40. In the event that a party shall nominate candidates by party primary election, a party primary election must be held by the party on the second Tuesday in June of each general election year and a second and third primary election each two weeks successively thereafter, if necessary."

Filing by candidates for partisan elections

SECTION 3. Section 7-13-190(B) of the 1976 Code is amended to read:

"(B) In partisan elections, whether seeking nomination by political party primary, political party convention, or by petition, filing by all candidates shall open for the office at noon on the third Friday after the vacancy occurs for a period to close ten days later at noon. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15(1) and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-15(2)(3).

A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the eighteenth Tuesday after the vacancy occurs.

If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it must be set for the next succeeding Tuesday."

Time effective

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