South Carolina General Assembly
109th Session, 1991-1992

Bill 613


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    613
Primary Sponsor:                Washington
Committee Number:               25
Type of Legislation:            GB
Subject:                        Judicial office candidate,
                                appeal
Residing Body:                  House
Current Committee:              Judiciary
Date Tabled:                    Feb 18, 1992
Computer Document Number:       613
Introduced Date:                Feb 06, 1991
Date of Last Amendment:         Jan 21, 1992
Last History Body:              House
Last History Date:              Feb 18, 1992
Last History Type:              Tabled in Committee
Scope of Legislation:           Statewide
All Sponsors:                   Washington
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 613   House   Feb 18, 1992  Tabled in Committee             25
 613   House   Jan 23, 1992  Introduced, read first time,    25
                             referred to Committee
 613   Senate  Jan 22, 1992  Read third time, sent to House
 613   Senate  Jan 21, 1992  Amended, read second time
 613   Senate  Jan 15, 1992  Committee Report: Favorable     11
                             with amendment
 613   Senate  Feb 06, 1991  Introduced, read first time,    11
                             referred to Committee

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Indicates Matter Stricken
Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

January 21, 1992

S. 613

Introduced by SENATOR Washington

S. Printed 1/21/92--S.

Read the first time February 6, 1991.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-17-65 SO AS TO PROVIDE THAT A CANDIDATE FOR AN ELECTED JUDICIAL OFFICE MUST APPEAL A DECISION OF THE COUNTY BOARD OF CANVASSERS AGGRIEVED BY IT TO THE CIRCUIT COURT; AND TO AMEND SECTION 7-17-60, RELATING TO THE RIGHT TO APPEAL TO THE STATE BOARD OF CANVASSERS FROM THE COUNTY BOARD OF CANVASSERS BY A CANDIDATE ADVERSELY AFFECTED BY A DECISION, SO AS TO PROVIDE THAT A CANDIDATE FOR A JUDICIAL OFFICE SHALL NOT APPEAL TO THE STATE BOARD BUT INSTEAD TO THE CIRCUIT COURT.

Amend Title To Conform

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

SECTION 1. The 1976 Code is amended by adding:

"Section 7-17-65. Within ten days after notice of the decision of the county board of canvassers, a candidate for an elected judicial office aggrieved by the decision may appeal it to the circuit court. Notice of appeal must be served on the opposing parties or their attorneys and filed in the office of the clerk of court within ten days. The notice of appeal acts as a stay of further proceedings pending the appeal."

SECTION 2. Section 7-17-60 of the 1976 Code is amended to read:

"Section 7-17-60. (A) The decision of the county board may be appealed to the State Board of Canvassers by any a candidate adversely affected thereby by it. Notice of such the appeal and the grounds thereof for it shall must be made not later than noon Monday next following such the decision by serving such the notices on the chairman of the state board. Provided, that service Service may be perfected by depositing at the office of the chief of the State Law Enforcement Division a copy of the grounds of appeal. A sufficient number of copies to be served upon all candidates in the protested race shall also must be delivered to the county sheriff. Such These officers shall take all steps necessary to deliver the notices to the respective parties.

(B) The provisions of this section do not apply to an appeal of an election involving a candidate for a judicial office. An appeal of an election of a judicial office must be under the provisions of Section 7-17-65."

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

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