South Carolina General Assembly
109th Session, 1991-1992

Bill 459


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    459
Primary Sponsor:                Rose
Committee Number:               11
Type of Legislation:            GB
Subject:                        Election provisions
Residing Body:                  Senate
Current Committee:              Judiciary
Companion Bill Number:          3207
Computer Document Number:       JIC/5147.HC
Introduced Date:                Jan 10, 1991
Last History Body:              Senate
Last History Date:              Jan 10, 1991
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Rose
                                Courson
                                Martschink
                                Matthews
                                Pope
                                J. Verne
                                Smith
                                Washington
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 459   Senate  Jan 10, 1991  Introduced, read first time,    11
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTIONS 7-11-15, AS AMENDED, 7-11-210, 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR THE PRIMARY DATE TO BE THE SECOND TUESDAY AFTER THE FIRST MONDAY IN SEPTEMBER, REVISE FILING DATES AND THE DEADLINE FOR THE PRIMARY PLEDGE, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY AFTER THE FIRST MONDAY IN SEPTEMBER OF EACH GENERAL ELECTION YEAR.

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

SECTION 1. Section 7-11-15(1) of the 1976 Code is amended to read:

"(1) candidates seeking nomination by political party primary and political party convention for a statewide, congressional, or district office which includes more than one county, shall file their statement of candidacy with the State Executive Committee of their respective party between noon on April July sixteenth and noon on April July thirtieth and those candidates seeking nomination by political party primary and political party convention for the state Senate, House of Representatives, a countywide, or less than countywide office shall file their statement of candidacy with the county executive committee with their respective party between noon March June sixteenth and noon March June thirtieth;"

SECTION 2. The first two paragraphs of Section 7-11-210 of the 1976 Code are amended to read:

"Every candidate for selection as a nominee of any a political party for any a state office, United States Senator, member of Congress or solicitor, to be voted for in any party primary election, shall file with and place in the possession of the treasurer of the state committee by twelve o'clock noon on April July thirtieth a notice or pledge in the following form, the blanks being properly filled in and the notice or pledge signed by the candidate: `I hereby file my notice as a candidate for the nomination as _____________ in the primary election to be held on - _______________. I affiliate with the ____________ Party, and I hereby pledge myself to abide by the results of the primary. and I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for any such the office has become deceased died or is otherwise disqualified for election in the ensuing general election.'

Every candidate for selection in a primary election as the nominee of any a political party for member of the Senate, member of the House of Representatives and all county and township offices shall file with and place in the possession of the county chairman or such other officer as may be named by the county committee of the county in which they reside by twelve o'clock noon on March June thirtieth a like similar notice and pledge."

SECTION 3. Section 7-13-35 of the 1976 Code, as last amended by Act 357 of 1990, is further amended to read:

"Section 7-13-35. The authority charged by law with conducting an election shall publish two notices of general, special, and primary elections held in the county or municipality, except municipal elections, in a newspaper of general circulation in the county or municipality. Included in each notice must be a reminder of the last day persons may register to be eligible to vote in the election for which notice is given, notification of the date, time, and location of the hearing on ballots challenged in the election, a list of the precincts involved in the election, and the location of the polling places in each of the precincts, and notification that the process of examining the return-addressed envelopes containing absentee ballots will begin at 2:00 p.m. on election day. The first notice must appear not later than sixty days before the election and the second notice must appear not later than two weeks after the first notice."

SECTION 4. Section 7-13-40 of the 1976 Code, as last amended by Act 363 of 1988, is further amended to read:

"Section 7-13-40. In the event that If a party shall nominate nominates candidates by party primary election, a party primary election must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June after the first Monday in September of each general election year and a second and third primary election each two weeks successively thereafter, if necessary. Certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on August first or, if August first falls on a Sunday, not later than twelve o'clock noon on the following Monday. The filing fees for candidates whose names are on ballots to be voted on in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose."

SECTION 5. Section 7-13-50 of the 1976 Code, as last amended by Act 364 of 1988, is further amended to read:

"Section 7-13-50. A second primary, when necessary, must be held two weeks after the first and is subject to the rules governing the first primary. At the second primary the two candidates among those who do not withdraw their candidacies and who received more votes in the first primary than any other remaining candidate alone shall run for any one office and if only one candidate remains, he is considered nominated, except that if there are two or more vacancies for any particular office the number of candidates must be double the number of vacancies to be filled if so many candidates remain. In all second primaries the candidate receiving the largest number of votes cast for a given office must be declared the nominee for the office whether or not he has received a majority of the votes cast for that office, and when there are several candidates for several different offices, then the several candidates receiving the largest number of votes for the several positions are considered as nominated for the offices whether or not they received a majority of the votes cast. Other primaries, if necessary, must be ordered in a similar manner by the county chairman election commission or the state chairman State Election Commission, as appropriate."

SECTION 6. Section 7-13-60 of the 1976 Code is amended to read:

"Section 7-13-60. The polls must be opened at seven o'clock in the forenoon a.m. and close closed at seven o'clock in the afternoon p.m. of the day of election and must be held open during these hours without intermission or adjournment; but the county committee may close any poll or all polls within any county in any primary election at an earlier hour."

SECTION 7. Section 7-13-70 of the 1976 Code, as last amended by Act 497 of 1990, is further amended to read:

"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, shall appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the Senator and at least half of the members of the House of Representatives from the respective counties. The Governor shall notify the State Election Commission in writing of the appointments. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. The commissioners shall also appoint from among the managers a clerk for each polling place in the county; and none of the officers may be removed from office except for incompetence or misconduct. For primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. After their appointment the commissioners, managers, and clerks shall take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God.'

It must be immediately filed immediately in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct. For the purpose of conducting general or special elections provided for in Section 7-13-10 and primaries, except municipal primaries, each county legislative delegation, upon notification by the delegation chairman, shall meet for the purpose of appointing for each county five commissioners of election. If a delegation does not have a chairman, the senior state senator shall serve as the chairman. Each commissioner shall receive at least half of the votes of the county legislative delegation. The appointments by the county legislative delegation, as provided for in this section, must be reported by the delegation chairman to the State Election Commission by February fifteenth of each even-numbered year. The State Election Commission shall verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. If the delegation chairman does not submit the list of commissioners of election to the State Election Commission by February fifteenth of each even-numbered year, the State Election Commission may appoint the county commissioners of election. The chairmen of the county executive committees of the major political party in the General Assembly and the largest minority party in the General Assembly shall certify the results by signing the list of commissioners of election before the list is sent to the State Election Commission. The term of commissioners of election begins on March first of each even-numbered year. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. The commissioners shall also appoint from among the managers a clerk for each polling place in the county. None of these officers may be removed from office except for incompetence or misconduct. For primaries or special and municipal elections, the authority charged by law with conducting the primaries or special and municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. Sixty days before a primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission shall appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint a prospective manager for good cause. No person may be appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. The authority charged by law with conducting the primaries or special and municipal elections shall also appoint from among the managers a clerk for each polling place in a primary or special or municipal election. After their appointment, all of these commissioners, managers, and clerks shall take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution:

'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been elected (or appointed), and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State and of the United States. So help me God.' and it must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct."

SECTION 8. Section 7-13-610 of the 1976 Code is amended to read:

"Section 7-13-610. The State Election Commission and the respective county election commissions shall prepare separate ballots for each political party holding a primary. The ballots for each party shall must contain in print only the names of all the candidates who have filed to run in that particular party primary and shall must have a stub at the top perforated so as to be easily detached. On the stub shall must be printed `Official State (or County) Ballot, (name of party) Primary', Club No. the name of the county and the precinct, and the date of the primary. On the right side there shall must be a blank line under which shall must be printed `Initials of Issuing Officer.' The numbers shall run seriatim for each club Stubs on ballots for each precinct must be numbered consecutively, beginning with `No. 1'. The ballots shall must be furnished by the State committee Election Commission for all except members of the General Assembly, county officers, congressmen less than county officers, and circuit solicitors, for which the county committee election commission shall furnish the ballots. One ballot shall must contain the names of all persons running for State state and federal offices and United States Senator. The other ballot shall must contain the names of all persons running for the General Assembly, county offices, congressmen less than county officers, and solicitors.

All ballots Ballots furnished by the State committee Election Commission hereunder under this section shall must have marked thereon on them in plain type, both on the stub and on the ballot proper, the words `Official State Ballot'. and all ballots Ballots furnished by the county committee election commission hereunder under this section shall must have marked thereon on them in plain type, both on the stub and on the ballot proper, the words 'Official County Ballot.'

The State ballot shall be printed on yellow paper and the boxes in which it is to be deposited shall be painted the same color. The county ballot shall be printed on plain white paper and the boxes in which it is to be deposited shall be painted white. The ballot must be printed on paper of a thickness so that the printing cannot be distinguished from the back and must be of a size and color as directed by the State Election Commission. If more than one ballot is to be used in a primary, each ballot must be printed on different colored paper.

The ballot shall must contain a voting square opposite the name of each candidate, and the voter shall vote by putting a mark in the voting square opposite the name of the candidate of his choice."

SECTION 9. Article 5, Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-611. The arrangement of each `Official County Ballot' for each primary, containing the names of candidates for office, must conform as nearly as practicable to the following plan and contain specified instructions and no others:

OFFICIAL COUNTY BALLOT, PRIMARY (NAME OF PARTY)

COUNTY, SOUTH CAROLINA

NO:

Initials of Issuing Officer

, 19

(DATE OF ELECTION)

(NAME OF PRECINCT)

-----------------------------------------------

OFFICIAL COUNTY BALLOT, PRIMARY (NAME OF PARTY)

COUNTY, SOUTH CAROLINA

, 19

(DATE OF ELECTION)

(NAME OF PRECINCT)

INSTRUCTIONS - Make a cross (X) in the voting square [] opposite the name of each candidate on the ballot for whom you wish to vote. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside.

You may vote for one, less than one, but not more than one candidate.

SHERIFF / ONE SEAT TO FILL /

(Example)

/ / / NAME OF CANDIDATE /

/ / / NAME OF CANDIDATE /

/ / / NAME OF CANDIDATE /

You may vote for three, less than three, but not more than three candidates.

COUNTY COUNCIL / THREE SEATS TO FILL /

(Example)

/ / / NAME OF CANDIDATE /

/ / / NAME OF CANDIDATE /

/ / / NAME OF CANDIDATE /

/ / / NAME OF CANDIDATE /

/ / / NAME OF CANDIDATE /

/ / / NAME OF CANDIDATE /

Each `Official State Ballot' similarly must conform to the plan set forth in this section."

SECTION 10. Section 7-13-830 of the 1976 Code, as last amended by Act 472 of 1988, is further amended to read:

"Section 7-13-830. When any person is so challenged, the manager shall explain to him the qualifications of an elector and may examine his as to the same. If the person insists that he is qualified and the challenge is not withdrawn, his vote must be received and placed in an envelope on which must be written the name of the voter and that of the challenger. The challenged votes must be kept separate and apart and not counted but turned over to the commissioners of election or the county committee other authority having supervision of the election. At the meeting specified in either Section 7-17-10 or 7-17-510, whichever is applicable, this authority shall hear all objections to these votes, and when no person appears or offers evidence before the meeting to sustain an objection made at the polls, the ballot is no longer a challenged ballot. When the challenger appears or produces witnesses or evidence in support of the challenge, the committee authority in charge shall proceed to hear and determine the question. Its decision is final. Each ballot which is no longer challenged and each ballot whose challenge was decided in favor of the voter must be removed from the envelope, mingled, and counted and the totals added to the previously counted regular ballot total of all precincts without attribution to a particular precinct. If the voting at the voting place is being done upon a voting machine, the managers shall provide a paper ballot which must be placed in an envelope and treated as provided in this section.

Where, pursuant to Section 7-13-820, a person's name could not be verified by the registration board or where a telephone was not available and the person was allowed to vote a challenged ballot, the Board of Voter Registration, before the meeting, shall certify to the authority in charge whether or not the voter is a qualified elector of the precinct in which he voted his challenged ballot. If the board certifies the person challenged is not a qualified elector of the precinct, this certification is considered an administrative challenge and is clear and convincing evidence for the meeting authority to disallow the ballot. Nothing in this section prohibits the county election commission from continuing any challenge administratively as long as it has evidence to sustain the challenge."

SECTION 11. Section 7-15-420 of the 1976 Code, as last amended by Act 357 of 1990, is further amended to read:

"Section 7-15-420. The county election commission, municipal election commission, county committee for each political party, or executive committee of each municipal party in the case of municipal primary elections are responsible for the tabulation and reporting of absentee ballots. At 2:00 p.m. on election day, the managers appointed pursuant to Section 7-13-70, and in the presence of any watchers that have been appointed pursuant to Section 7-13-860, may begin the process of examining the return-addressed envelopes that have been received by the county registration board making certain that each oath has been properly signed and witnessed and includes the address of the witness. All return-addressed envelopes received by the county registration board before the time for closing the polls must be examined in this manner. No ballot may be counted unless the oath is properly signed and witnessed nor may any ballot be counted which is received by the county registration board after time for closing of the polls. The printed instructions required by Section 7-15-370(2) to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope must be opened by the managers, and the enclosed envelope marked `Ballot Herein' removed and placed in a locked box or boxes. After the polls close and all return-addressed envelopes have been emptied in this manner, the managers shall remove the ballots contained in the envelopes marked 'Ballot Herein', placing each one in the ballot box provided for the applicable contest. When all absentee ballots have been placed in the ballot boxes, they must be tabulated and reported as a separate precinct in the same manner as other ballots of the county are counted on election day. The absentee voter precinct is a countywide precinct and a part of each election district in the county. If any ballot is challenged, the return-addressed envelope may not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot."

SECTION 12. Section 7-15-450 of the 1976 Code is amended to read:

"Section 7-15-450. This article shall apply applies to political parties holding or conducting a primary, as the case may be, and any other authorities conducting an election."

SECTION 13. Section 7-17-510 of the 1976 Code is amended to read:

"Section 7-17-510. The county committees shall assemble at their respective courthouses on the morning of the second day after the election at eleven in the forenoon to tabulate the returns and declare the results of the primary, so far as it relates to members of the General Assembly and county officers and shall forward immediately to the State chairman at Columbia the result of the election in their respective counties for United States Senator, State officers, congressmen and solicitors. The State committee shall proceed to canvass the vote and declare the result of the primary in the State as to such last named officers. The commissioners of election for the counties shall meet in a convenient place in the county seat on the Thursday next following the primary, before one o'clock p.m. of that day and shall organize as the county board of canvassers for primaries. They may appoint a competent person as secretary. The chairman shall administer the constitutional oath to each member of the board and to the secretary. The secretary shall administer to the chairman the same oath. Each county board of canvassers for primaries shall canvass the votes of the county and declare the results. The county board of canvassers for primaries shall make statements of the votes of the precincts of its county as the nature of the primary requires not later than noon on the Saturday next following the primary and at that time transmit and certify to the Board of State Canvassers the results of its findings. This procedure must be repeated following every primary runoff. The Board of State Canvassers shall meet at the office of the State Election Commission within ten days after the primary and within ten days after the primary runoff, if there is one, and shall canvass the vote and declare the results of the primaries and the runoffs in the State for state offices, federal offices, and offices involving more than one county."

SECTION 14. Section 7-17-520 of the 1976 Code is amended to read:

"Section 7-17-520. The protests and contests in the case of county officers, and less than county officers and members of the State House of Representatives shall must be filed in writing by any candidate with the chairman of the county party executive committee board of canvassers for primaries for the political party primary in which he was a candidate, together with a copy for each candidate in the race not later than noon Monday following the day of the declaration by the county committee board of canvassers for primaries of the result of the election. Provided, however, that service Service may be perfected by depositing with the county sheriff one copy of the protest for the chairman to be served by him, together with a sufficient number of copies to be served upon all candidates in the protested or contested race. The sheriff shall take immediate steps to deliver such the copies to the chairman. The protest shall must contain each ground thereof of protest concisely stated separately. The chairman shall forthwith serve upon each candidate in the protested race a copy of the protest, and serve a notice of the time and place of the meeting of the executive committee for the purpose of hearing the protest."

SECTION 15. Section 7-17-530 of the 1976 Code is amended to read:

"Section 7-17-530. Before the party primary, each party holding primaries shall submit four names to the State Election Commission. If there is a protest by a candidate from a minority party, in a primary, these persons so designated by that candidate's party shall sit with the county board of canvassers for primaries to hear and determine the protests involving that party's candidates. The executive committee county board of canvassers for primaries shall hear the protest or contest on Thursday following the deadline for filing same. Testimony at the hearing of the protest shall must be limited to the grounds stated in the written protest.

The protestant and each other candidate in the protested race shall have the right to be present at the hearing set by the committee, to be represented by counsel, to examine and cross-examine witnesses, and to produce evidence relevant to the grounds of protest.

The chairman of the committee county board of canvassers for primaries shall provide and conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this State. The chairman shall have has authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing on the protests the committee county board of canvassers for primaries shall determine all issues by majority vote and forthwith certify the results of the election.

The committee county board of canvassers for primaries shall remain in session until a conclusion has been reached. All candidates in the protested or contested race, and the chairman of the State state executive committee, and the executive director of the State Election Commission shall must be immediately notified of the decision."

SECTION 16. Section 7-17-540 of the 1976 Code is amended to read:

"Section 7-17-540. The decision of the county executive committee board of canvassers for primaries may be appealed to the Board of State executive committee Canvassers by any candidate adversely affected thereby by the decision. Notice of such the appeal and the grounds thereof of the appeal shall must be made not later than three o'clock P.M., Friday noon Monday next following such the decision by serving such the notice on the chairman of the Board of State committee Canvassers. Provided, that service Service may be perfected by depositing at the office of the Chief of the State Law-Enforcement Law Enforcement Division a copy of the notice and grounds of appeal. A sufficient number of copies to be served upon all candidates in the protested race shall must also be delivered to the county sheriff. Such These officers shall take all steps necessary to deliver the notices to the respective parties."

SECTION 17. Section 7-17-550 of the 1976 Code is amended to read:

"Section 7-17-550. Before the primary, each state political party chairman shall submit four names to the State Election Commission. If there is an appeal by a candidate from the county board of canvassers for primaries, the four persons from the protestant's party must sit with the State Board of Canvassers if they are needed to give the protestant a majority on the State Board of Canvassers for that protest. The Board of State executive committee Canvassers shall meet in Columbia not later than twelve noon, Saturday Wednesday next following the filing of any notice perfected under Section 7-17-540, for the purpose of hearing appeals. The appellant and each all other candidate candidates in the protested race shall have the right to be present at such the hearing, to be represented by counsel, and to be heard on the merits of the appeal. The Board of State committee Canvassers shall be is bound by the facts as determined by the county committee board of canvassers for primaries. Provided, however, that if If in the opinion of at least eighteen a majority of the members of the Board of State committee Canvassers such the facts should be reviewed, then a hearing de novo shall must be held by the Board of State committee Canvassers. In the event of such this review, the Board of State committee Canvassers may receive any new evidence or exhibits as it, shall in its discretion, deem considers necessary to determine the appeal. The Board of State committee Canvassers shall remain in session until all such appeals have been disposed of."

SECTION 18. Section 7-17-560 of the 1976 Code is amended to read:

"Section 7-17-560. The Board of State executive committee Canvassers shall meet in Columbia at such a place as may be designated by the chairman to hear and decide protests and contests that may arise in the case of Federal federal officers, State state officers, members of the State House of Representatives, and officers involving more than one county. Any such protest or contest shall must be filed in writing by any candidate for the political party primary in which he was a candidate with the chairman of the committee, together with a copy for each candidate in the race, not later than noon on Monday of the fifth day following the canvassing of the votes for such these officers by the committee; Board of State Canvassers. provided, however, that service Service upon the chairman may be perfected by depositing at the office of the chief of the State Law-Enforcement Law Enforcement Division a copy of the protest, together with a copy for each candidate in the race. The chief shall take immediate steps to deliver such the copies to the chairman. The protest shall must contain each ground thereof of protest concisely stated separately. The chairman of the committee shall forthwith serve upon each candidate in the protested race a copy of the protest and serve a notice of the time and place of the meeting of the committee for the purposes of hearing the protest."

SECTION 19. Section 7-17-570 of the 1976 Code is amended to read:

"Section 7-17-570. The executive committee Board of State Canvassers shall hear the protest or contest on Thursday not earlier than the fifth nor later than the tenth day following the deadline for filing the same receipt of the protest. Testimony at the hearing shall be is limited to the grounds stated in the written protest.

The protestant and each all other candidate candidates in the protested race shall have the right to be present at the hearing, to be represented by counsel, to examine and cross-examine witnesses, and to produce evidence relevant to the grounds of the protest. The chairman of the committee Board of State Canvassers shall provide for and conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this State. The chairman shall have has authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing of the protest the committee Board of State Canvassers shall determine all issues by majority vote and forthwith certify the results of the election.

The committee Board of State Canvassers shall remain in session until a conclusion has been reached. All candidates in the protested or contested race shall must be immediately notified of the committee's decision of the Board of State Canvassers."

SECTION 20. Section 7-25-140 of the 1976 Code is amended to read:

"Section 7-25-140. The county committee authority responsible under law in any for conducting a party primary and the commissioners of election or other electoral board in general and special elections in their discretion may post, or cause to be posted, a copy of Sections 7-25-120 to 7-25-140, printed on cardboard in as large type as a board twelve by twelve inches will carry, in each and every polling precinct."

SECTION 21. Nothing in this part nor any other provision of law may be construed as prohibiting the political parties in this State from conducting, according to their own rules and at the party's expense, presidential preference or advisory primaries.

SECTION 22. If a county operates its elections through an election and registration commission composed of seven members, the structure and composition are not affected or changed by the provisions of this part. However, the provisions for inclusion of majority and minority party representatives upon the commission and upon the expanded commission as constituted for primary elections and protests must be applied to the seven-member commission, mutatis mutandis.

SECTION 23. Except for municipal primaries, all primaries for national offices, state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the second Tuesday after the first Monday in September of each general election year.

SECTION 24. Sections 7-9-110 and 7-13-90 of the 1976 Code are repealed.

SECTION 25. This act takes effect January 1, 1992, but only if funded by the General Assembly.

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