South Carolina Legislature


 

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S 491
Session 109 (1991-1992) 

S 0491 General Bill, By Bryan
 A Bill to amend Chapter 13, Title 8, Code of Laws of South Carolina, 1976, by
 adding Section 8-13-626, so as to limit the campaign expenditures of a
 candidate for public office.

   01/16/91  Senate Introduced and read first time
   01/16/91  Senate Referred to Committee on Judiciary



A BILL

TO AMEND CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-626, SO AS TO LIMIT THE CAMPAIGN EXPENDITURES OF A CANDIDATE FOR PUBLIC OFFICE.

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:

"Section 8-13-626. For any election for public office, no expenditures by a campaign committee of a candidate, or by a candidate, nor any approved expenditures made on behalf of a candidate, in the aggregate, may exceed an amount equal to fifty cents per constituent per district for each primary, special primary, special or general election. No expenditures by a campaign committee of a candidate, or by a candidate, nor any approved expenditures made on behalf of a candidate, in the aggregate, may exceed an amount equal to twenty-five cents per constituent per district for any runoff election. This limit applies to any person who runs for a public office. Each primary election, primary election run-off, special election, special election run-off, special primary election, special primary election run-off, and general election constitutes a separate election for purposes of the limitations established in this section. The expenditures for each election must be accounted for separately.

In an election for State Senator or State Representative, the number of constituents must be based upon the apportionment of the election districts as established by law. The number of constituents for all other elections must be based on the total population established by the decennial census upon which the election district or area was apportioned.

During the two week period prior to the relevant election, the candidate must make available to public inspection, upon request, an up-to-date expenditure list which includes approved expenditures. A record of total expenditures, including approved expenditures, must be maintained and filed with the appropriate supervisory office within forty-five days of each election.

The expenditure limits apply only to candidates who themselves agree to be bound by the limits and whose opponents agree to be bound by the limits. The State Election Commission must draft an appropriate agreement for candidates to sign when they decide to be bound by the limits of this section. This agreement must be signed by the candidate and filed with the appropriate supervisory office within two weeks after the filing period for that office is closed, or from the date petitions must be submitted. The failure by one candidate to meet the limitations which were agreed to does not relieve any other candidates for the same office from their spending limitation. A signed agreement is valid for all elections for a particular office. A person's failure to comply with these provisions must result in a civil penalty, imposed by the appropriate supervisory office upon the person in an amount not to exceed one thousand dollars."

SECTION 2. This act is effective for primary and run-off elections held for offices which are filled in the general election of 1992 and all elections thereafter.

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