H*2228 Session 104 (1981-1982)
H*2228(Rat #0521, Act #0419 of 1982) General Bill, By T.E. Huff,
T.D. Broadwater, M.J. Busbee, P. Freeman, J.P. Gardner, W.H. Jones, J.E. Kinard,
D.M. McEachin, J.D. McInnis, McKay, T.W. Mitchell, J.I. Rogers, Sheheen and
J.H. Toal
A Bill to amend Section 7-19-70, Code of Laws of South Carolina, 1976,
relating to the election of Presidential electors, so as to provide that the
names of the candidates of a recognized political party for President and Vice
President of the United States shall be placed on the ballot and a vote for
them shall be a vote for each elector nominated by the political party; and to
amend Section 7-13-320, relating to ballot standards and specifications, so as
to provide for placing the names of Presidential and Vice Presidential
candidates on the "Official Ballot for Presidential Elector"; and to amend
Section 7-13-1640, relating to voting machine requirements so as to provide
that such machine be provided a device for each party and for each nomination
by petition to vote for Presidential and Vice Presidential candidates in one
operation and for listing candidates by name and by party or indicating the
candidate is Independent if nominated by petition; and to amend Section
7-13-360, relating to place on ballot for write-in names, so as to provide an
exception for election of President and Vice-President; and to amend Section
7-11-10 relating to methods of nominating candidates, so as to provide that no
person defeated as a candidate for nomination to an office in a primary or
convention shall have his name placed on the ballot for the ensuing general or
special election and to provide an exception.-at
01/22/81 House Introduced and read first time HJ-297
01/22/81 House Referred to Committee on Judiciary HJ-297
02/18/81 House Committee report: Favorable with amendment
Judiciary HJ-661
04/29/82 House Amended HJ-2685
04/29/82 House Read second time HJ-2686
05/04/82 House Read third time and sent to Senate HJ-2764
05/05/82 Senate Introduced and read first time SJ-11
05/05/82 Senate Referred to Committee on Judiciary SJ-11
06/02/82 Senate Recalled from Committee on Judiciary SJ-112
06/02/82 Senate Amended SJ-112
06/02/82 Senate Read second time SJ-116
06/03/82 Senate Read third time SJ-27
06/03/82 Senate Returned SJ-27
06/03/82 House Concurred in Senate amendment and enrolled HJ-3869
06/03/82 House Ratified R 521 HJ-3895
06/08/82 Signed By Governor
06/08/82 Effective date 06/08/82
06/08/82 Act No. 419
06/21/82 Copies available
(A419, R521, H2228)
AN ACT TO AMEND SECTION 7-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO THE ELECTION OF PRESIDENTIAL ELECTORS, SO AS TO PROVIDE THAT THE NAMES OF THE
CANDIDATES OF A RECOGNIZED POLITICAL PARTY FOR PRESIDENT AND VICE PRESIDENT OF
THE UNITED STATES SHALL BE PLACED ON THE BALLOT AND A VOTE FOR THEM SHALL BE
A VOTE FOR EACH ELECTOR NOMINATED BY THE POLITICAL PARTY; AND TO AMEND SECTION
7-13-320, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO PROVIDE FOR
PLACING THE NAMES OF PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATES ON THE
"OFFICIAL BALLOT FOR PRESIDENTIAL ELECTOR"; AND TO AMEND SECTION
7-13-1640, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO PROVIDE THAT SUCH
MACHINE BE PROVIDED A DEVICE FOR EACH PARTY AND FOR EACH NOMINATION BY
PETITION TO VOTE FOR PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATES IN ONE
OPERATION AND FOR LISTING CANDIDATES BY NAME AND BY PARTY OR INDICATING THE
CANDIDATE IS INDEPENDENT IF NOMINATED BY PETITION; AND TO AMEND SECTION 7-13-360,
RELATING TO PLACE ON BALLOT FOR WRITE-IN NAMES, SO AS TO PROVIDE AN EXCEPTION
FOR ELECTION OF PRESIDENT AND VICE PRESIDENT; AND TO AMEND SECTION 7-11-10,
RELATING TO METHODS OF NOMINATING CANDIDATES, SO AS TO PROVIDE THAT NO PERSON
DEFEATED AS A CANDIDATE FOR NOMINATION TO AN OFFICE IN A PRIMARY OR CONVENTION
SHALL HAVE HIS NAME PLACED ON THE BALLOT FOR THE ENSUING GENERAL OR SPECIAL
ELECTION AND TO PROVIDE AN EXCEPTION.
Be it enacted by the General Assembly of the State of South Carolina:
Election of presidential electors
Section 1. Section 7-19-70 of the 1976 Code is amended by striking the first paragraph and inserting:
"Unless otherwise provided, the election of presidential electors shall be conducted and the returns made
in the manner prescribed by this chapter for the election of state officers.
The names of candidates for electors of President and Vice President nominated by any political party
recognized in this State under Section 7-9-10 or by a valid petition shall be filed with the Secretary of State but
shall not be printed on the ballot. In place of their names, in accordance with the provisions of Section 7-13-320,
there shall be printed on the ballot the names of the candidates for President and Vice President of each political
party recognized in this State and the names of any petition candidates for President and Vice President. A vote
for the candidates named on the ballot shall be a vote for the electors of the party by which those candidates were
nominated or the electors of petition candidates whose names have been filed with the Secretary of State.
Upon receipt of the certified determination of the Board of State Canvassers and delivered to him in accordance
with Section 7-17-300, the Secretary of State, under his hand and the seal of his office, as required by Section
7-17-310, shall certify to the Governor the names of the persons elected to the office of elector for President and
Vice President of the United States as stated in the certified determination, who shall be deemed appointed as
electors."
The section when amended shall read:
"Section 7-19-70. Unless otherwise provided, the election of presidential electors shall be conducted and
the returns made in the manner prescibed by this chapter for the election of state officers.
The names of candidates for electors of President and Vice President nominated by any political party
recognized in this State under Section 7-9-10 or by a valid petition shall be filed with the Secretary of State but
shall not be printed on the ballot. In place of their names in accordance with the provisions of Section 7-13-320,
there shall be printed on the ballot the names of the candidates for President and Vice President of each political
party recognized in this State and the names of any petition candidates for President and Vice President. A vote
for the candidates named on the ballot shall be a vote for the electors of the party by which those candidates were
nominated or the electors of petition candidates whose names have been filed with the Secretary of State.
Upon receipt of the certified determination of the Board of State Canvassers and delivered to him in accordance
with Section 7-17-300, the Secretary of State, under his hand and the seal of his office, as required by Section
7-17-310, shall certify to the Governor the names of the persons elected to the office of elector for President and
Vice President of the United States as stated in the certified determination, who shall be deemed appointed as
electors.
It shall be the duty of the Governor, as soon as practicable after the conclusion of the appointment of the electors
pursuant to the laws of the State providing for the election and appointment of the electors, to communicate by
registered mail under the seal of the State to the Administrator of General Services a certificate of appointment
of the electors, setting forth the names of the electors and the canvass or other ascertainment under the laws of
this State of the number of votes given or cast for each person for whose appointment any and all votes have been
given or cast. It shall also thereupon be the duty of the Governor to deliver to the electors of the State, on or
before the day on which they are required by law to meet, six duplicate originals of the same certificate under the
seal of the State. If there shall have been any final determination in the manner provided for by law of a
controversy or contest concerning the appointment of all or any of the electors, it shall be the duty of the
Governor, as soon as practicable after the determination, to communicate under the seal of the State to the
Administrator of General Services a certificate of such determination."
Ballots
Section 2. Section 7-13-320 of the 1976 Code is amended by striking items (C) and (D) and inserting:
"(C) On the ballot for presidential electors there shall be printed, under the titles of the offices, the names
of the candidates for President and Vice President of the United States nominated by each political party qualified
under the provisions of Section 7-9-10 and those nominated by petition. A separate column shall be assigned to
each political party with candidates and to each separate petition slate of candidates on the ballot and each party
and each petition candidate's columns shall be separated by distinct black lines. At the head of each column the
party or petition name shall be printed in large type and below it a circle, one-half inch in diameter, and below
the circle the names of the party's and petition candidates for President and Vice President in that order. On the
face of the ballot above the party and petition candidate's column division the following instruction shall be
printed in heavy black type:
'a. To vote this ballot make a cross (X) mark in the circle below the name of the political party for whose
candidates you wish to vote.
b. A vote for the names of a political party's candidates for President and Vice President is a vote for the electors
of that party, the names of whom are on file with the Secretary of State.'
On the bottom of the ballot shall be printed an identified facsimile of the signature of the Executive Director of
the State Election Commission.
The official ballot for presidential electors shall not be combined with any other official ballots.
(D) The names of candidates offering for any other office shall be placed in the proper place on the appropriate
ballot, stating whether it is a state, congressional, legislative, county or other office.
(E) The names of the several officers to be voted for and the tickets of the parties and petition candidates shall
be placed on the ballots in an order as arranged by the State Election Commission as to those ballots for which
it is responsible for distribution and by the commissioners of election for the respective counties as to the ballots
for which they are responsible for distribution, including those for State Senator and member of the House of
Representatives. If the State Senator or member of the House of Representatives or any other officer is to be
elected from more than one county, the commissioners of election from the various counties from which they are
to be elected shall assure that there shall be uniformity of placement on the ballots of their respective counties
and should the commissioners fail to agree within sixty days prior to the general election, and upon receipt of
written certification by at least one commissioner, that they have failed to act, the State Election Commission
shall determine the order of placing the names on the ballots."
Voting machines
Section 3. The last paragraph of Section 7-13-1640 of the 1976 Code is amended to read:
"Any such kind or type of machine shall be provided with a device for each party and for each nomination
by petition for voting for presidential and vice presidential candidates in one operation and listing the candidates
by name and by party or indicating the candidate is nominated by petition."
Ballots
Section 4. Section 7-13-360 of the 1976 Code is amended to read:
"Section 7-13-360. The ballots shall also contain a place for voters to write in the name of any other
person for whom they wish to vote except on ballots for the election of the President and Vice President."
Nominations for candidates
Section 5. Section 7-11-10 of the 1976 Code is amended by striking the period and inserting a semicolon at the
end and adding: "provided, no person who was defeated as a candidate for nomination to an office in a party
primary or party convention shall have his name placed on the ballot for the ensuing general or special election,
except that this proviso shall not prevent a defeated candidate from later becoming his party's nominee for that
office in that election if the candidate first selected as the party's nominee dies, resigns, is disqualified, or
otherwise ceases to become the party's nominee for such office before the election is held." When amended
the section shall read:
"Section 7-11-10. Nominations for candidates for the offices to be voted on in a general or special election
may be by political party primary, by political party convention or by petition; provided, no person who was
defeated as a candidate for nomination to an office in a party primary or party convention shall have his name
placed on the ballot for the ensuing general or special election, except that this proviso shall not prevent a
defeated candidate from later becoming his party's nominee for that office in that election if the candidate first
selected as the party's nominee dies, resigns, is disqualified, or otherwise ceases to become the party's nominee
for such office before the election is held."
Time effective
Section 6. This act shall take effect upon the approval by the Governor. |