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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