Current Status Introducing Body:House Bill Number:4197 Primary Sponsor:McElveen Committee Number:11 Type of Legislation:GB Subject:Primary elections, notice of candidacy Residing Body:Senate Current Committee:Judiciary Computer Document Number:JIC/5949SD.93 Introduced Date:19930518 Date of Last Amendment:19940323 Last History Body:Senate Last History Date:19940329 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:McElveen Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4197 Senate 19940329 Introduced, read first time, 11
referred to Committee
4197 House 19940324 Read third time, sent to
Senate
4197 House 19940323 Amended, read second time
4197 House 19940216 Committee Report: Favorable 25
with amendment
4197 House 19930518 Introduced, read first time, 25
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
AMENDED
March 23, 1994
H. 4197
S. Printed 3/23/94--H.
Read the first time May 18, 1993.
TO AMEND SECTION 7-11-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF CANDIDACY FOR PARTY PRIMARY ELECTIONS AND A PLEDGE TO ABIDE BY THE RESULTS OF THE PRIMARY ELECTIONS, SO AS TO PROVIDE THAT THE PERSON WHO IS DEFEATED AS A CANDIDATE FOR NOMINATION TO AN OFFICE IN A PARTY'S PRIMARY IS THEREAFTER INELIGIBLE TO RECEIVE VOTES FOR THAT OFFICE WHETHER WRITE-IN OR OTHERWISE, IN THE ENSUING GENERAL ELECTION, UNLESS THE PARTY'S NOMINEE FOR SUCH OFFICE HAS BECOME DECEASED OR IS OTHERWISE DISQUALIFIED FOR ELECTION IN THAT GENERAL ELECTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-11-210 of the 1976 Code is amended to read:
"Section 7-11-210. Every candidate for selection as a nominee of any political party for any 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 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 office has become deceased or otherwise disqualified for election in the ensuing General Election.'
Every candidate for selection in a primary election as the nominee of any 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 thirtieth a like notice and pledge.
The notice of candidacy required by this section to be filed by a candidate in a primary must be signed personally by the candidate, and such signature of the candidate must be signed in the presence of the county chairman or such other officer as may be named by the county committee with whom such candidate is filing, or a candidate must have his signature on the notice of the candidacy acknowledged and certified by any officer authorized to administer an oath. Any notice of candidacy of any candidate signed by an agent in behalf of a candidate shall not be valid.
In the event that a person who was defeated as a candidate for nomination to an office in a party's primary election shall thereafter offer or campaign as a candidate against any nominee for election to any office in the ensuing general election, the state chairman of the that party which held such primary (if the office involved is one voted for in the general election by the electors of more than one county), or the county chairman of the that party which held such primary (in the case of all other offices), shall forthwith institute an action in a court of competent jurisdiction for an order enjoining such person from so offering or campaigning in the general election, and the court is hereby empowered upon proof of such facts to issue such order. Any candidate for that office in the ensuing general election also is authorized to institute an action authorized by this paragraph to enjoin that person's offering or campaigning in the general election.
Any person who is defeated as a candidate for nomination to an office in a party's primary is thereafter ineligible to receive votes for that office whether write-in or otherwise, in the ensuing general election, unless the party's nominee for such office has become deceased or is otherwise disqualified for election in that General Election."
SECTION 2. This act takes effect upon approval by the Governor.