South Carolina General Assembly
109th Session, 1991-1992

Bill 492


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    492
Primary Sponsor:                Courson
Committee Number:               11
Type of Legislation:            GB
Subject:                        Fair Campaign Practices
Residing Body:                  Senate
Current Committee:              Judiciary
Companion Bill Number:          3294
Computer Document Number:       JIC/5194.HC
Introduced Date:                Jan 16, 1991
Last History Body:              Senate
Last History Date:              Jan 16, 1991
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Courson
                                Martschink
                                Matthews
                                Pope
                                Rose
                                J. Verne
                                Smith
                                Washington
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 492   Senate  Jan 16, 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 THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 IN TITLE 7 SO AS TO ENACT THE SOUTH CAROLINA CODE OF FAIR CAMPAIGN PRACTICES, TO PROVIDE FOR ITS ENFORCEMENT BY THE STATE ELECTION COMMISSION, AND TO PROVIDE PENALTIES.

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

SECTION 1. Title 7 of the 1976 Code is amended by adding:

"CHAPTER 27

South Carolina Code of Fair Campaign Practices

Section 7-27-10. This chapter may be cited as the South Carolina Code of Fair Campaign Practices.

Section 7-27-20. (A) The provisions of this chapter apply to all candidates seeking an office filled by an election of qualified electors.

(B) At the time any candidate for selection in a primary election as a nominee of any political party for any state office, United States Senator, member of Congress, or solicitor, files the notice of candidacy and pledge pursuant to Section 7-11-210, the treasurer of the state committee shall give the candidate a copy of the South Carolina Code of Fair Campaign Practices and inform him that compliance with the code is mandatory.

(C) At the time any candidate for selection in a primary election as a nominee of any political party for members of the Senate, House of Representatives, and all county and municipal offices files the notice of candidacy and pledge pursuant to Section 7-11-210, the county chairman or other authorized officer shall give the candidate a copy of the code and inform him that compliance with the code is mandatory.

(D) If a political party nominates candidates by conventions pursuant to Section 7-11-30, the permanent chairman of the convention shall give each candidate nominated a copy of the code and inform him that compliance with the code is mandatory.

(E) If a candidate is nominated for elective office by petition, the officer with whom the petition is filed shall give the candidate a copy of the code and inform him that compliance with the code is mandatory.

(F) If a candidate is nominated for elective office by declaration of candidacy, the officer with whom the declaration is filed shall give the candidate a copy of the code and inform him that compliance with the code is mandatory.

(G) The State Election Commission shall provide a copy of the code to the treasurer or chairman of any organization making expenditures on behalf of a candidate for elective office in the State of South Carolina and inform him that compliance with the code is mandatory.

(H) After compliance with the code on a form prescribed by the commission, each candidate for elective office and each treasurer or chairman of any organization making expenditures on behalf of a candidate for elective office shall file the form with the State Election Commission which shall issue a receipt to the candidate who shall in turn file the receipt with the officer who certifies the candidate to the ballot. No candidate may be certified to appear on any ballot unless his receipt has been filed with the certifying officer.

Section 7-27-30. The South Carolina Code of Fair Campaign Practices reads:

`Code of Fair Campaign Practices

All political campaigns in the State of South Carolina must be conducted in a climate promoting discussion of the issues and presentation of the records and policies of the candidates stimulating just debate with respect to the views and qualifications of the candidates and without inhibiting or interfering with the right of every qualified person and political party to full and equal participation in the electoral process.

There are basic principles of decency, honesty, and fair play which every candidate for public office in this State has a moral obligation to observe and uphold, in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues.

THEREFORE:

(1) I shall conduct my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponents or political parties which merit such criticism.

(2) I shall not use or permit the use of character defamation, libel, slander, or scurrilous attacks on any candidate or his personal or family life.

(3) I shall not use or permit the use of campaign material of any sort which misrepresents, distorts, or otherwise falsifies the facts, nor will I use malicious or unfounded accusations which aim at creating or exploiting doubts, without justification, as to the loyalty and patriotism of my opponent.

(4) I shall not use or permit any appeal to negative prejudice based on race, sex, religion, national origin, or physical disability.

(5) I shall not use or permit the use of anonymous mailings to support my candidacy or oppose the candidacy of any other.

(6) I shall not use or permit any dishonest or unethical practice which tends to corrupt or undermine our system of free elections, or which hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote, enrolling to vote, or voting.

(7) I shall not use or permit any dishonest or unethical practice which tends to corrupt or undermine our system of free elections, or which hampers or prevents the full and free expression of the will of the voters, including acts intended to interfere with the political party of my opponent and acts intended to interfere with the primary election and nominating process of any political party.

(8) Insofar as is possible, I will immediately and publicly repudiate support deriving from any individual or group which practices, on behalf of my candidacy or in opposition to the candidacy of my opponent, the methods and tactics which I have pledged not to use or condone.

(9) I shall not coerce election help or campaign contributions for myself or for any other candidate from my employees.

(10) I shall defend and uphold the right of every qualified voter to full and equal participation in the electoral process.

(11) I shall not engage in or commit or condone any practices of political espionage including, but not limited to, the theft of campaign materials or assets, the placing of my own employee or agent in the campaign organization of another candidate, bribery of members of the campaign staff of another candidate, electronic or other methods of eavesdropping or wiretapping;

(12) I shall not engage in or commit or condone any political practices involving subversion or undermining of political parties or the nominating or electoral process including, but not limited to, the preparation or distribution of any fraudulent, forged, or falsely identified writing or the use of any employees or agents who falsely represent themselves as supporters of a candidate, political party, or committee;

(13) I shall not make or condone any misrepresentation of the contents or results of a poll relating to any election;

(14) If I am defeated as a candidate for nomination to an office in my party's primary election or at my party's nominating convention, I promise not to offer or campaign as a write-in candidate, nor encourage others to draft me as a write-in candidate, in the ensuing election for election to that office or any other office for which a nominee has been elected in the party primary election or a nominee has been selected at the party convention, unless the nominee for the office is deceased or otherwise disqualified for election in the ensuing election.

I, the undersigned candidate for election to public office in the State of South Carolina or treasurer or chairman of an organization making expenditures on behalf of a candidate for election to public office in the State of South Carolina, hereby endorse, subscribe to, and solemnly pledge myself to conduct my campaign or conduct the actions of my organization on behalf of a candidate in accordance with the above principles and practices.'

Section 7-27-40.(a) The State Election Commission shall make investigations, upon complaint by any individual, with respect to alleged violations of any part of this chapter by any candidate for elective office or by any organization making expenditures on behalf of a candidate for elective office. All complaints of alleged violations must be investigated by the commission and a determination made thereon. If an alleged violation is found to be groundless by the commission, the entire matter must be stricken from public record. No complaint may be accepted which is filed later than three years after the alleged violation occurred.

(b) If, in the opinion of the commission, the complaining party was motivated by malice or reason contrary to the spirit of this chapter in filing the complaint without just cause, the finding must be reported to appropriate law enforcement authorities. Any person wilfully filing a complaint without just cause or with malice is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both.

(c) Any person alleging violations of any part of this chapter by any candidate for elective office or by any organization making expenditures on behalf of a candidate for elective office must file his complaint with the commission in a confidential manner. If a complainant intentionally makes public or causes to be made public the filing of a complaint, he is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both.

(d) The commission shall conduct its investigations in the following manner:

(1) When a complaint is filed with the commission, a copy must be sent promptly to the person or organization alleged to have committed the violation. If the commission determines the complaint does not allege facts sufficient to constitute a violation, the complaint must be dismissed and the complainant and respondent notified. If the commission determines the complaint does allege facts sufficient to constitute a violation, it shall promptly investigate the alleged violation utilizing the resources of other state agencies as it may request. If after the preliminary investigation the commission finds that probable cause exists to support an alleged violation, it shall, as appropriate (i) render an advisory opinion to the respondent and require the respondent's compliance within a reasonable time, or (ii) convene a formal hearing on the matter after reasonable notice. All commission investigations and records, including the complaints of alleged violations, relating to the preliminary investigation are confidential.

(2) If a hearing is held, the respondent must be allowed to examine and make copies of all evidence in the commission's possession relating to the charges. At the hearing the charged party must be afforded appropriate due process protection consistent with Act 176 of 1977, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. All hearings must be conducted in executive session. Upon completion of its investigation and any hearing, the commission may, where appropriate, issue a cease and desist order to each respondent for each and every separate violation of the provisions of this chapter or impose a civil penalty not exceeding one thousand dollars upon each respondent for each and every separate violation of the provisions of this chapter or both. Failure to comply with a cease and desist order of the commission shall subject the respondent to contempt of court proceedings.

All actions taken by the commission on complaints, except on alleged violations which are found to be groundless by the commission, are a matter of public record.

(e) The commission shall issue, upon request, and publish advisory opinions on the requirements of this chapter, based on a real or hypothetical set of circumstances. Any opinion rendered by the commission, until amended or revoked, is binding on the commission in any subsequent charges concerning the person who requested the opinion and who acted in reliance on it in good faith, unless material facts were omitted or misstated by the person in the request for the opinion."

SECTION 2. The State Election Commission shall promulgate regulations to implement the provisions of this act.

SECTION 3. This act takes effect upon approval by the Governor.

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