Current Status Introducing Body:House Bill Number:5054 Primary Sponsor:Rogers Committee Number:25 Type of Legislation:GB Subject:Canvassers Board, appeal hearing cases Residing Body:House Current Committee:Judiciary Computer Document Number:PT/1163DW.94 Introduced Date:19940412 Last History Body:House Last History Date:19940412 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rogers Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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5054 House 19940412 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 7-17-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 7-17-260 AND 7-17-270, BOTH AS AMENDED, RELATING TO APPEALS FROM DECISIONS OF THE STATE BOARD OF CANVASSERS, SO AS TO SUBSTITUTE AN ADMINISTRATIVE LAW JUDGE FOR THE STATE BOARD IN HEARING CASES UNDER PROTEST OR CONTEST THAT MAY ARISE IN ELECTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-17-250 of the 1976 Code is amended to read.
"Section 7-17-250. (A) Upon such these statements the board shall then proceed to determine and declare what persons have been duly elected to such these offices. The Board An administrative law judge, pursuant to the provisions of Article 5, Chapter 23, Title 1, shall act in an appellate judicial capacity in all cases contested or protested that come before it on appeals from county boards of canvassers.
(B) Appeals from decisions of the State Board an administrative law judge shall must be taken directly to the Supreme Court on petition for a writ of certiorari only based on the record of the State Board hearing of the administrative law judge and shall be granted first priority of consideration by the court. Notice of appeals shall must be served within ten days of the Board's administrative law judge's decision. Provided, however, that When a contest or protest concerns the election of a State Senator, appeals from decisions of the State Board shall must be only to the Senate and when the election of a member of the House of Representatives is concerned, the appeal shall must be only to the House of Representatives."
SECTION 2. Section 7-17-260 of the 1976 Code, as last amended by Act 91 of 1993, is further amended to read:
"Section 7-17-260. The State Board An administrative law judge, pursuant to the provisions of Article 5, Chapter 23, Title 1 shall decide all cases under protest or contest that may arise in the case of federal officers, state officers, members of the State Senate and the State House of Representatives, and offices involving more than one county. Any such A protest or contest shall must be filed in writing with the chairman of the board administrative law judge division, together with a copy for each candidate in the race, not later than noon five days following the canvassing of the votes for such the offices by the board; provided, however, that service upon the board may be perfected by depositing at the office of the Chief of the State 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 copies to the chairman. The protest shall contain each ground thereof concisely stated separately. The chairman of the board An administrative law judge immediately 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 board for the purposes of hearing of the protest."
SECTION 3. Section 7-17-270 of the 1976 Code, as last amended by Act 91 of 1993, is further amended to read:
Section 7-17-270. (A) The board, acting in a judicial capacity, An administrative law judge shall hear the protest or contest not earlier than the fifth nor later than the twenty-fifth day following receipt of the protest. Testimony at the hearing of the protest shall be is limited to the grounds stated in the written protest.
(B) The protestant and each other candidate in the protested race shall have has 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 board administrative law judge 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 authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing of the protest, the board administrative law judge shall determine all issues by majority vote and forthwith certify the results of the election.
(C) The board 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 board's administrative law judge's decisions.
(D) Appeals from decisions of the State Board administrative law judge shall must be taken directly to the Supreme Court on petition for a writ of certiorari only based on the record of the State Board hearing and shall must be granted first priority of consideration by the court."
SECTION 4. This act takes effect upon approval by the Governor.