H 3338 Session 111 (1995-1996)
H 3338 General Bill, By Jennings, Cobb-Hunter, Kennedy and J.H. Neal
Similar(S 197, S 271)
A Bill to amend Article 13, Chapter 13, Title 8 of the Code of Laws of South
Carolina, 1976, relating to campaign practices, by adding Section 8-13-1315 so
as to provide that a candidate may not, directly or indirectly, give, offer,
or promise anything of value to an election official and to provide that an
election official may not, directly or indirectly, ask, demand, exact,
solicit, seek, accept, receive or agree to receive anything of value from a
candidate; to amend Sections 7-25-50 and 7-25-60, both as amended, relating to
bribery at elections, so as to increase the penalties; to amend Section
8-13-1300, relating to definitions for purposes of the provisions concerning
campaign practices, so as to provide a definition for "election official" and
to amend the definition of "transfer" to include transfers between a candidate
and an election official; and to amend Section 8-13-1348, as amended, relating
to the use of campaign funds, so as to establish a procedure by which a
campaign related payment must be made by check, require the expenditure of
these funds to be documented when paid to an individual recipient, require the
documentation be maintained and included in campaign reports, and provide that
a candidate is deemed to have violated Sections 7-25-50 and 7-25-60 if he does
not comply with the provisions of this Section, provide that no person may be
reimbursed for transportation services in an amount which would exceed the
mileage allowed by law for members of state boards, commissions, and
committee, and the amount paid may not exceed the amount paid to official poll
managers by the State Election Commission pursuant to the provisions of
Section 7-23-10.
01/19/95 House Introduced and read first time HJ-24
01/19/95 House Referred to Committee on Judiciary HJ-25
02/08/95 House Committee report: Favorable with amendment
Judiciary HJ-5
02/09/95 House Debate interrupted HJ-19
02/09/95 House Amended HJ-29
02/09/95 House Objection by Rep. Anderson HJ-33
02/14/95 House Read second time HJ-27
02/15/95 House Debate interrupted HJ-24
02/15/95 House Objection by Rep. Huff, Tripp, Fleming, Haskins,
Herdklotz, Kennedy, Jennings, Limbaugh,
Davenport, Neal & Cobb-Hunter HJ-29
02/15/95 House Debate adjourned until Thursday, February 16,
1995 HJ-34
02/16/95 House Debate adjourned until Tuesday, February 21, 1995 HJ-25
02/21/95 House Amended HJ-19
02/21/95 House Read third time and sent to Senate HJ-20
02/22/95 Senate Introduced and read first time SJ-8
02/22/95 Senate Referred to Committee on Judiciary SJ-8
05/21/96 Senate Recalled from Committee on Judiciary SJ-37
05/23/96 Senate Read second time SJ-108
05/23/96 Senate Ordered to third reading with notice of
amendments SJ-108
05/30/96 Senate Amended SJ-92
05/30/96 Senate Read third time and returned to House with
amendments SJ-92
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
May 30, 1996
H. 3338
Introduced by REPS. Jennings, Cobb-Hunter, Kennedy and
Neal
S. Printed 5/30/96--S.
Read the first time February 22, 1995.
A BILL
TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO
AS TO PROVIDE THAT A CANDIDATE MAY NOT,
DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE
ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND
TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT,
DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT,
SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE
ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND
SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED,
RELATING TO BRIBERY AT ELECTIONS, SO AS TO
INCREASE THE PENALTIES; TO AMEND SECTION
8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF
THE PROVISIONS CONCERNING CAMPAIGN PRACTICES,
SO AS TO PROVIDE A DEFINITION FOR "ELECTION
OFFICIAL" AND TO AMEND THE DEFINITION OF
"TRANSFER" TO INCLUDE TRANSFERS
BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL;
AND TO AMEND SECTION 8-13-1348, AS AMENDED,
RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO
ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN
RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE
THE EXPENDITURE OF THESE FUNDS TO BE
DOCUMENTED WHEN PAID TO AN INDIVIDUAL
RECIPIENT, REQUIRE THE DOCUMENTATION BE
MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS,
AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE
VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT
COMPLY WITH THE PROVISIONS OF THIS SECTION,
PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR
TRANSPORTATION SERVICES IN AN AMOUNT WHICH
WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR
MEMBERS OF STATE BOARDS, COMMISSIONS, AND
COMMITTEES, AND THE AMOUNT PAID MAY NOT
EXCEED THE AMOUNT PAID TO OFFICIAL POLL
MANAGERS BY THE STATE ELECTION COMMISSION
PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Article 13, Chapter 13, Title 8 of the 1976 Code
is amended by adding:
"Section 8-13-1315. (A) A candidate, committee,
campaign worker, or political party official may not, directly or
indirectly, give, transfer, offer, or promise anything of value to an
election official in order to seek to affect the outcome of the
election. An election official may not, directly or indirectly, ask,
demand, exact, solicit, seek, accept, receive, or agree to receive
anything of value from a candidate, committee, campaign worker,
or political party official which has been offered in order to seek to
affect the outcome of the election.
(B) The provisions of subsection (A) apply from the beginning
of an election cycle until the time that a candidate files a final
campaign report."
SECTION 2. Sections 7-25-50 and 7-25-60 of the 1976 Code,
both as last amended by Act 184 of 1993, are further amended to
read:
"Section 7-25-50. It is unlawful for a person to procure, by
the payment, delivery, or promise of money or other article of
value, another to vote for or against any particular candidate or
measure at any election held within this State, whether general,
special, or primary, for members of the Congress of the United
States, members of the General Assembly of this State, sheriff,
clerk, judge of probate or other county officer, mayor, and
aldermen of any city or intendant and wardens of any incorporated
town, or at any other election held within this State. It is also
unlawful for a person to accept such procurements. The person
promising and the person voting are each guilty of a felony and,
upon conviction, for the first offense, must be fined not less
than one hundred dollars nor more than five hundred dollars
in the discretion of the court and imprisoned not more than
five ten years. Upon conviction for a second or
subsequent offense, the person must be fined not less than five
hundred dollars nor more than five thousand dollars in the
discretion of the court and imprisoned not more than
ten fifteen years.
Section 7-25-60. (A) It is unlawful for a person at any election
to:
(1) procure, or offer or propose to procure, another, by the
payment, delivery, or promise of money or other article of value, to
vote for or against any particular candidate or measure; or
(2) vote, offer, or propose to vote for or against any
particular candidate or measure for the consideration of money or
other article of value paid, delivered, or promised, vote or offer or
propose to vote for or against any particular candidate or measure.
(B) A person who violates the provisions of this section is guilty
of a felony. Upon conviction for a first offense, the person must be
fined in the discretion of the court and imprisoned not more than
five ten years. Upon conviction for a second or
subsequent offense, the person must be fined in the discretion of the
court and imprisoned not more than ten fifteen
years."
SECTION 3. Section 8-13-1300(10) of the 1976 Code is
amended to read:
"(10)(A) `Election cycle' means the period of a
term of office beginning on the day after the general election for
the office, up to and including the following general election for the
same office, including a primary, special primary, or special
election; however, the contribution limits under Sections 8-13-1314
and 8-13-1316 apply only to elections occurring on or after January
1, 1992, and are for each primary, runoff, or special election in
which a candidate has opposition and for each general election. If
the candidate remains unopposed during an election cycle, one
contribution limit shall apply. (B) `Election official' means
a member of a municipal, county, or state election commission,
whether elected or appointed; a member of a county voter
registration board, whether elected or appointed; a member of a
combined election commission and voter registration board, whether
elected or appointed; a member of a municipal, county, or state
party executive committee, whether elected or appointed; and a
municipal, county, or state poll manager or poll worker, whether
elected or appointed where the election official has jurisdiction over
any election in which the candidate, committee, campaign worker,
or political party official is a candidate or seeks to affect the
outcome of any election."
SECTION 4. Section 8-13-1300(30) of the 1976 Code is
amended to read:
"(30) `Transfer' means the movement or exchange of
funds or anything of value between committees and candidates,
or between a candidate, committee, campaign worker, or political
party official and an election official, except the disposition of
surplus funds or material assets by a candidate to a party
committee, as provided in this article."
SECTION 5. Section 8-13-1348(C) of the 1976 Code, as last
amended by Act 248 of 1991, is further amended to read:
"(C)(1) An expenditure of more than
twenty-five dollars must be made by a written instrument drawn
upon the campaign account containing the name of the candidate or
committee and the name of the recipient. Expenditures of
twenty-five dollars or less that are not made by a written instrument
containing the name of the candidate or committee and the name of
the recipient must be accounted for by a written receipt or written
record. Any payment to any person which is related to
efforts by or on behalf of a candidate, committee, public official, or
political party in aid of or to promote the candidacy of an
individual for nomination for election or for election to elective
public office or the passage or defeat of a ballot measure, or to
efforts directly to promote or encourage the participation of voters
in an election including, but not limited to, payments made to
campaign workers and payments to other persons which are
intended for further transfer to election-day workers or other
ultimate payees, must be made by check payable to the named
person, and the payment may not be made in currency.
(2) Any campaign worker or other person who
shall receive a payment which is intended for further transfer to
election-day workers or other ultimate payees shall make such
further payments by check only payable to the ultimate payee, and
the payment may not be made in currency, and such payments shall
be documented as provided in subsection (4) below.
(3) Any payment to a candidate, committee,
public official, political party, or to any other person, association or
group, by a candidate or committee or by any other person,
association or group, which payment is related to efforts in aid of
or to promote the candidacy of an individual for nomination for
election or for election to elective public office or the passage or
defeat of ballot measures, or to efforts directly to promote or
encourage the participation of voters in an election must be made
by check payable to the named committee, person, association, or
group, and the payment may not be made in currency.
(4) When funds are paid to a person from a
campaign account under the provisions of this subsection, all funds
expended by this person must be documented as to the specific
goods and services obtained. This documentation must be
maintained and included in campaign reports. A candidate is
deemed to have violated Sections 7-25-50 and 7-25-60 (bribery at
elections) if he does not comply with the provisions of this
subsection.
(5) Whenever any person, partnership, association,
or corporation provides to any candidate, campaign, or political
party services, materials, facilities, or other things of value for
which that person, partnership, association, or corporation normally
receives compensation and receives no compensation or
compensation which is less than the fair market value of those
services, materials, facilities, or other things of value, all such
services, materials, facilities, or other things of value, with both
their actual costs to the candidate, campaign, or political party and
their fair market value must be documented. This documentation
must be maintained and included in campaign reports. A candidate
is deemed to have violated Section 7-25-50 and 7-25-60 (bribery at
election) if he does not comply with the provisions of this
section."
SECTION 6. Section 8-13-1348(D) of the 1976 Code, as last
amended by Act 248 of 1991, is further amended to read:
"(D) (1) An expenditure may not be made that is
clearly in excess of the fair market value of services, materials,
facilities, or other things of value received in exchange.
(2) No candidate or duly authorized officer or committee
may pay and no person may receive in payment for transporting
electors to polling places any amount from any candidates or duly
authorized officers or committees which payments alone or when
aggregated for any election day would exceed the amount paid
official poll managers by the State Election Commission pursuant to
the provisions of Section 7-23-10, or fifty dollars, whichever is
greater."
SECTION 7. Section 8-13-1300 of the 1976 Code is amended
by adding an appropriately numbered item to read:
"( ) `ultimate payee' means any person who receives a
payment of money from a candidate or from a person or committee
authorized by the candidate."
SECTION 8. This act takes effect upon approval by the
Governor.
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