South Carolina Legislature


 

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H 3570
Session 109 (1991-1992) 

H 3570 General Bill, By I.K. Rudnick, R.A. Barber, J.M. Baxley, H.H. Keyserling and 
Kirsh
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 7-11-215 so as to provide that a candidate who executes a certain candidacy
 pledge with a political party for purposes of offering for election to a
 particular office in that party's primary election and who is later elected to
 that office is required to resign this office first before he may change his
 political party affiliation.

   02/21/91  House  Introduced and read first time HJ-5
   02/21/91  House  Referred to Committee on Judiciary HJ-5
   04/16/91  House  Tabled in committee



A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-215 SO AS TO PROVIDE THAT A CANDIDATE WHO EXECUTES A CERTAIN CANDIDACY PLEDGE WITH A POLITICAL PARTY FOR PURPOSES OF OFFERING FOR ELECTION TO A PARTICULAR OFFICE IN THAT PARTY'S PRIMARY ELECTION AND WHO IS LATER ELECTED TO THAT OFFICE IS REQUIRED TO RESIGN THIS OFFICE FIRST BEFORE HE MAY CHANGE HIS POLITICAL PARTY AFFILIATION.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 7-11-215. A candidate who executes the pledge required by Section 7-11-210 and who subsequently is elected in the primary election and general election to that office is required to resign that office first before he may change his political party affiliation while still serving in that office. Whenever a resignation as required by this section or if this public official changes his political party affiliation without first resigning his office as required by this section, a vacancy in this office exists which must be filled in the manner prescribed by law.

Nothing in this section prevents this public official from later offering for election to the office he resigned as a member of the new political party with which he desired to affiliate if he secures the nomination of that political party in the manner provided by law."

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

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