Current Status Introducing Body:Senate Bill Number:5 Primary Sponsor:Wilson Committee Number:05 Type of Legislation:GB Subject:Ethics, detailed provisions Residing Body:Senate Current Committee:Ethics Computer Document Number:OLDVS/LIBX/22932 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Sep 10, 1990 Last History Type:Prefiled, referred to Committee Scope of Legislation:Statewide All Sponsors:Wilson Thomas Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
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5 Senate Jan 08, 1991 Introduced and read first 05
time, referred to Committee
5 Senate Sep 10, 1990 Prefiled, referred to 05
Committee
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TO AMEND SECTIONS 8-13-20 AND 8-13-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO CHANGE THE DEFINITION OF "CANDIDATE FOR PUBLIC OFFICE" AND TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE REPORT OF CONTRIBUTIONS AND EXPENDITURES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-13-640, 8-13-650, 8-13-660, 8-13-670, 8-13-680, 8-13-690, 8-13-700, 8-13-710, 8-13-720, AND 8-13-730 SO AS TO REGULATE CAMPAIGN PRACTICES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-20(c) of the 1976 Code is amended to read:
"(c) 'Candidate for public office' means any a person (1) who has filed a declaration of candidacy or a petition to appear on the ballot for election as a public official, and any officially files as a candidate for office, (2) publicly announces that he is running for office, or (3) authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person who has been nominated for appointment to serve in an office filled by election by the General Assembly or an appointive office requiring the advice and consent of the Senate or the General Assembly when the office falls within the reporting provisions of Section 8-13-810 but does not include candidates for the presidency or vice-presidency of the United States a person within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."
SECTION 2. Section 8-13-620 of the 1976 Code is amended to read:
"Section 8-13-620. Any A candidate for office, or any a committee working on behalf of a candidate for office, or any duly organized group or political party receiving or soliciting funds for the support of a political candidate or candidates shall maintain a record of all funds and contributions received, with the name and amount of each individual or group contributing more than one hundred dollars and to what candidate such contribution was made. Duplicate, certified originals of such list showing the names of all contributors of more than one hundred dollars shall be filed with the appropriate supervisory office within thirty days after each election in which such contributions are sought or received. Any such candidate, or committee, or group or party shall maintain a current list of all contributors in the amount of more than one hundred dollars during the two-week period prior to the election, which shall be open to public inspection upon request. When a final list is filed with the supervisory office such candidate or group receiving such funds shall file a certified report stating the amounts expended and for what purposes, how much is retained and what its ultimate distribution shall be. and all expenditures. A candidate, committee, or political party shall file contribution and expenditure reports with the appropriate supervisory office on forms prescribed by the State Ethics Commission before each election in which a candidate or ballot issue which it supports or opposes is voted upon, at least fifteen days before the election containing information current as of twenty days before the election. The report is not required for a primary runoff election. An updated report must be filed within thirty days after each election containing information current as of twenty days after the election. Each candidate or committee shall disclose on the reports:
(1) the name and address of a person contributing more than one hundred dollars and the amount of a contribution of more than one hundred dollars;
(2) the name and address of each vendor and the amount of an expenditure paid to a vendor which totals more than twenty-five dollars;
(3) how much is retained and its ultimate distribution.
Each candidate, committee, or political party shall file the contributions and expenditures report no later than January tenth of each year to summarize the entire preceding calendar year for expenditures made or contributions received which were not reported that year. The report of contributions and expenditures must be cumulative, showing the activity during the reporting period and year-to-date.
A candidate who is unopposed in a primary election is not required to file a post-election report for that primary election."
SECTION 3. The 1976 Code is amended by adding:
"Section 8-13-640. Contributions to influence the election or nomination for election of a candidate or to influence a ballot issue may be made only to the candidate or to a committee organized in accordance with this section. Before accepting contributions or expending funds, each committee and political party shall file with the State Ethics Commission a statement of organization that includes the following information:
(1) the name, address, and purpose of the committee or political party;
(2) the names and addresses of all committee officers;
(3) the names and addresses and relationships of affiliated or connected committee, political parties, or similar organizations.
A committee or political party shall report a change in information previously submitted in a statement of organization within ten days of the change."
SECTION 4. The 1976 Code is amended by adding:
"Section 8-13-650. A candidate or committee which receives or expends more than one hundred dollars to influence a nomination or election or ballot issue shall establish an account in a banking institution. All funds received must be deposited in the account and all expenditures made by check, except that a nominal petty cash fund not exceeding one hundred dollars may be maintained. No contributions or funds may be commingled with the personal funds of the candidate or a member or officer of a committee."
SECTION 5. The 1976 Code is amended by adding:
"Section 8-13-660. No person may use government personnel, equipment, materials, or facilities of a public agency or department in an election campaign. A government agency or department may rent or provide public facilities for political meetings or other campaign-related purposes if they are available on similar terms to all candidates and committees. This section does not prevent government personnel from participating in election campaigns on their own time and on nongovernmental premises."
SECTION 6. The 1976 Code is amended by adding:
"Section 8-13-670. No person may attempt to coerce, command, or require a public official or public employee to give money, service, or other thing of value to aid, promote, defeat, or influence a ballot issue or nomination or election of a person to public office. Nothing in this section is intended to restrict the right of a public official or public employee to express his personal political views."
SECTION 7. The 1976 Code is amended by adding:
"Section 8-13-680. A person who pays for the production, distribution, or posting of campaign literature or other printed material related to an election shall cause his name and address to appear on the printed matter. Campaign buttons, balloons, or similar items are exempt from the identification required by this section."
SECTION 8. The 1976 Code is amended by adding:
"Section 8-13-690. No candidate or committee may use a candidate's name and the position sought on any campaign literature, letterhead, envelope, solicitation, or advertisement without using the words 'elect' or 'for' when the candidate is not an incumbent."
SECTION 9. The 1976 Code is amended by adding:
"Section 8-13-700. Each person, committee, or candidate is responsible for the truth of the statements contained in political material to include advertisements, solicitations, literature, or documents paid for by the candidate, person, or committee. A person may file a complaint alleging that a statement contained in the political material was issued in reckless disregard for the truth."
SECTION 10. The 1976 Code is amended by adding:
"Section 8-13-710. An out-of-state committee or political party shall file a statement of organization with the State Ethics Commission. Within ten days after the end of a calendar quarter in which there have been contributions to the committee from persons residing in South Carolina or contributions made to candidates running for public office in South Carolina, the committee or party shall file a disclosure of all funds received and spent during the calendar quarter and the names of all contributors of more than one hundred dollars who are residents of this State and the names of all candidates for public office in South Carolina who were recipients of contributions during that calendar quarter."
SECTION 11. The 1976 Code is amended by adding:
"Section 8-13-720. No candidate, committee, or political party shall make an expenditure solely for the direct personal benefit of the candidate, members of his household, or any other person, including, but not limited to, payment for clothing or medical or dental expenses, mortgage or rental payments for a permanent residence, the satisfaction of personal debts, including payments on personal loans, except campaign loans that are required to be reported, personal services, including the services of an attorney or accountant, except campaign services that are required to be reported in the campaign statement."
SECTION 12. The 1976 Code is amended by adding:
"Section 8-13-730. At the time a final report is filed a candidate or committee deciding to terminate and having surplus funds shall:
(1) deliver the surplus to the general fund of the State;
(2) contribute the surplus to a charitable organization;
(3) contribute the surplus to a local, state, or national committee or political party or to another candidate;
(4) return the surplus to the contributors on a pro-rata basis;
(5) contribute the surplus to a new campaign committee formed for the candidate's next campaign; or
(6) transfer the surplus to an officeholder's account to defray ordinary and necessary expenses incurred with his duties as a public officeholder. The transfer may not be taxed as income to the officeholder."
SECTION 13. This act takes effect upon approval by the Governor.