South Carolina General Assembly
111th Session, 1995-1996

Bill 1268


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       1268
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19960320
Primary Sponsor:                   Ryberg
All Sponsors:                      Ryberg and Wilson 
Drafted Document Number:           res9937.wgr
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Judges, nonpartisan election
                                   of



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19960320  Introduced, read first time,             11 SJ
                  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 SECTION 14-3-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION AND ELECTION OF MEMBERS OF THE SUPREME COURT, SO AS TO PROVIDE THAT MEMBERS OF THE SUPREME COURT SHALL BE POPULARLY ELECTED FROM THE STATE AT-LARGE BY THE QUALIFIED VOTERS OF THE STATE IN A NONPARTISAN ELECTION; TO AMEND SECTION 14-3-40 OF THE 1976 CODE, RELATING TO VACANCIES ON THE SUPREME COURT, SO AS TO PROVIDE THAT VACANCIES SHALL BE FILLED BY APPOINTMENT BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR THE REMAINDER OF THE UNEXPIRED TERM; TO AMEND SECTION 14-5-110 OF THE 1976 CODE, RELATING TO THE QUALIFICATION FOR OFFICE BY CIRCUIT COURT JUDGES, SO AS TO PROVIDE THAT TERMS OF OFFICE FOR ALL CIRCUIT JUDGES ELECTED AFTER JANUARY 1, 1997, SHALL COMMENCE AS OF JANUARY FIRST OF THE YEAR FOLLOWING THE YEAR IN WHICH THEY ARE ELECTED, RATHER THAN JUNE THIRTIETH OF THE YEAR IN WHICH THEY ARE ELECTED, AND TO PROVIDE THAT THE TERM OF ANY JUDGE IN OFFICE ON JANUARY 1, 1997 WHICH EXPIRES ON JUNE THIRTIETH OF A YEAR SHALL BE EXTENDED UNTIL DECEMBER THIRTY-FIRST OF THAT YEAR; TO AMEND SECTION 14-5-610 OF THE 1976 CODE, RELATING TO THE DIVISION OF THE STATE INTO JUDICIAL CIRCUITS AND THE ELECTION OF JUDGES THEREIN, SO AS TO INCREASE THE NUMBER OF JUDGES ELECTED IN EACH CIRCUIT, TO DELETE PROVISIONS RELATING TO AT-LARGE JUDGES, AND TO ASSIGN THE NUMBERED AT-LARGE SEATS TO PARTICULAR JUDICIAL CIRCUITS; TO AMEND SECTION 14-8-20 OF THE 1976 CODE, RELATING TO ELECTION OF MEMBERS OF THE COURT OF APPEALS, SO AS TO PROVIDE THAT JUDGES OF THE COURT OF APPEALS SHALL BE POPULARLY ELECTED FROM THE STATE AT-LARGE BY THE QUALIFIED VOTERS OF THE STATE IN A NONPARTISAN ELECTION; TO AMEND SECTION 14-8-60 OF THE 1976 CODE, RELATING TO VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE THAT VACANCIES SHALL BE FILLED BY APPOINTMENT BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR THE REMAINDER OF THE UNEXPIRED TERM; TO AMEND SECTION 20-7-1370 OF THE 1976 CODE, RELATING TO THE QUALIFICATIONS, ELECTION AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT FAMILY COURT JUDGES SHALL BE POPULARLY ELECTED FROM THE JUDICIAL CIRCUITS BY THE QUALIFIED VOTERS OF EACH CIRCUIT IN A NONPARTISAN ELECTION AND TO PROVIDE THAT VACANCIES SHALL BE FILLED BY APPOINTMENT BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR THE REMAINDER OF THE UNEXPIRED TERM; TO AMEND SECTION 7-11-10 OF THE 1976 CODE, RELATING TO METHODS OF NOMINATING CANDIDATES, SO AS TO PROVIDE THAT CANDIDATES FOR THE OFFICE OF FAMILY COURT JUDGE, CIRCUIT COURT JUDGE, JUDGE OF THE COURT OF APPEALS, OR JUSTICE OF THE SUPREME COURT SHALL BE NOMINATED IN A NONPARTISAN PRIMARY TO BE HELD JOINTLY WITH POLITICAL PARTY PRIMARIES; TO AMEND CHAPTER 11, TITLE 7 OF THE 1976 CODE, RELATING TO THE DESIGNATION AND NOMINATION OF CANDIDATES, BY ADDING SECTION 7-11-23 SO AS TO PROVIDE FOR NONPARTISAN PRIMARIES FOR THE ELECTION OF JUDGES; TO AMEND SECTION 7-13-10 OF THE 1976 CODE, RELATING TO THE TIME OF GENERAL ELECTIONS FOR OFFICERS, SO AS TO INCLUDE JUDICIAL OFFICERS AMONG THOSE WHO MUST BE ELECTED AT THE TIME OF THE GENERAL ELECTION; TO AMEND SECTION 7-13-15 OF THE CODE, RELATING TO THE DATE OF PRIMARY ELECTIONS, SO AS TO PROVIDE THAT A NONPARTISAN PRIMARY TO NOMINATE CANDIDATES FOR ELECTION AS JUDGES SHALL BE HELD JOINTLY WITH THE POLITICAL PRIMARIES ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR; TO AMEND CHAPTER 13, TITLE 7 OF THE 1976 CODE, RELATING TO THE CONDUCT OF ELECTIONS, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE FOR THE MANNER IN WHICH NAMES OF CANDIDATES MUST BE PLACED ON THE BALLOT IN A NONPARTISAN ELECTION FOR THE ELECTION OF JUDGES AND BY ADDING SECTION 7-13-630 SO AS TO PROVIDE FOR THE MANNER IN WHICH NAMES OF CANDIDATES MUST BE PLACED ON THE BALLOT IN A NONPARTISAN PRIMARY FOR THE ELECTION OF JUDGES; TO AMEND SECTION 8-13-1314 OF THE 1976 CODE, RELATING TO CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO PROVIDE THAT NO CANDIDATE FOR THE SUPREME COURT OR COURT OF APPEALS MAY SOLICIT OR ACCEPT A CONTRIBUTION WHICH EXCEEDS FIVE HUNDRED DOLLARS IN AN ELECTION CYCLE, AND THAT NO CANDIDATE FOR CIRCUIT COURT OR FAMILY COURT MAY SOLICIT OR ACCEPT A CONTRIBUTION WHICH EXCEEDS TWO HUNDRED DOLLARS IN AN ELECTION CYCLE; TO AMEND SECTION 8-13-1316 OF THE 1976 CODE, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS, SO AS TO PROVIDE THAT NO CANDIDATE FOR JUDICIAL OFFICE OR ANYONE ACTING ON HIS BEHALF MAY SOLICIT OR ACCEPT A CONTRIBUTION FROM A POLITICAL PARTY OR A PARTY COMMITTEE OR A LEGISLATIVE CAUCUS COMMITTEE OF A POLITICAL PARTY; TO PROVIDE THAT AN AT-LARGE CIRCUIT COURT JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THIS ACT WHOSE SEAT IS ASSIGNED TO A JUDICIAL CIRCUIT PURSUANT TO THIS ACT DOES NOT HAVE TO BE A RESIDENT OF THE CIRCUIT TO WHICH HIS SEAT IS ASSIGNED AND MAY SEEK ELECTION WHEN HIS TERM EXPIRES IN THE NONPARTISAN ELECTION HELD PURSUANT TO THIS ACT IN THE CIRCUIT TO WHICH HIS SEAT IS ASSIGNED; AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT TAKE EFFECT UPON RATIFICATION OF AMENDMENTS TO SECTIONS 3 AND 8 OF ARTICLE V OF THE CONSTITUTION OF THIS STATE, REQUIRING THAT THE MEMBERS OF THE SUPREME COURT AND THE COURT OF APPEALS BE ELECTED BY THE QUALIFIED ELECTORS OF THIS STATE AND TO SECTION 13, ARTICLE V OF THE CONSTITUTION OF THIS STATE, REQUIRING THAT CIRCUIT COURT JUDGES BE ELECTED BY THE QUALIFIED ELECTORS OF THE JUDICIAL CIRCUITS DIVIDED BY THE GENERAL ASSEMBLY.

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

PART I

SECTION 1. Section 14-3-10 of the 1976 Code is amended to read:

"Section 14-3-10. The Supreme Court shall consist of a Chief Justice and four associate justices, who shall be elected from the state at-large by a joint viva voce vote of the General Assembly popular vote of the qualified voters of the state in a nonpartisan election for a term of ten years and shall continue in office until their successors are elected and qualified. They shall be so classified that one of them shall go out of office every two years. The successors of the Chief Justice and associate justices shall each be elected at the session of the General Assembly next preceding the expiration of their respective terms. When the term of each judge who was elected by the General Assembly expires, his successor shall be elected in the manner provided in this section. The time for the commencement of their terms of office shall be the first day of August January after their election. The term of any justice in office on January 1, 1997, which expires on July thirty-first of a year shall be extended until December thirty-first of that year. The term of any justice whose term expires in any odd-numbered year is hereby extended until December thirty-first of the next even-numbered year."

SECTION 2. Section 14-3-40 of the 1976 Code is amended to read:

"Section 14-3-40. All vacancies in the Supreme Court shall be filled by elections as herein prescribed; provided, that if the unexpired term does not exceed one year such vacancy may be filled by executive appointment by the Governor with the advice and consent of the Senate. When a vacancy is so filled by either appointment or election, the incumbent shall hold only for the unexpired term of his predecessor."

SECTION 3. Section 14-5-110 of the 1976 Code is amended to read:

"Section 14-5-110. The circuit judges of this State, upon their election, shall qualify by taking the oath required by the Constitution of this State before a justice of the Supreme Court, the President of the Senate, the Speaker or Speaker Emeritus of the House of Representatives, a circuit judge, a clerk of the Supreme Court, a clerk of the court of common pleas or a probate judge of the county, and shall forthwith enter upon their duties. Such oath must be filed in the office of the Secretary of State. Terms of office for all circuit judges elected after January 1, 1977 January 1, 1997, shall commence as of July January first of the year following the year in which they are elected. The term of any judge in office on January 1, 1997, which expires on June thirtieth of a year shall be extended until December thirty-first of that year. The term of any judge whose term expires in any odd-numbered year is hereby extended until December thirty-first of the next even-numbered year."

SECTION 4. Section 14-5-610 of the 1976 Code is amended to read:

"Section 14-5-610. The State is divided into sixteen judicial circuits as follows:

(1) The first circuit is composed of the counties of Calhoun, Dorchester, and Orangeburg.

(2) The second circuit is composed of the counties of Aiken, Bamberg, and Barnwell.

(3) The third circuit is composed of the counties of Clarendon, Lee, Sumter, and Williamsburg.

(4) The fourth circuit is composed of the counties of Chesterfield, Darlington, Marlboro, and Dillon.

(5) The fifth circuit is composed of the counties of Kershaw and Richland.

(6) The sixth circuit is composed of the counties of Chester, Lancaster, and Fairfield.

(7) The seventh circuit is composed of the counties of Cherokee and Spartanburg.

(8) The eighth circuit is composed of the counties of Abbeville, Greenwood, Laurens, and Newberry.

(9) The ninth circuit is composed of the counties of Charleston and Berkeley.

(10) The tenth circuit is composed of the counties of Anderson and Oconee.

(11) The eleventh circuit is composed of the counties of Lexington, McCormick, Saluda, and Edgefield.

(12) The twelfth circuit is composed of the counties of Florence and Marion.

(13) The thirteenth circuit is composed of the counties of Greenville and Pickens.

(14) The fourteenth circuit is composed of the counties of Allendale, Hampton, Colleton, Jasper, and Beaufort.

(15) The fifteenth circuit is composed of the counties of Georgetown and Horry.

(16) The sixteenth circuit is composed of the counties of York and Union.

One judge Two judges must be elected from the first, second, sixth, twelfth fifteenth, and sixteenth circuits. Two Three judges must be elected from the third, fourth, seventh, eighth, tenth, eleventh, twelfth, and fourteenth, and fifteenth circuits. Three Four judges must be elected from the fifth, ninth, and thirteenth circuits. Each judgeship in a circuit shall be serially numbered beginning with the number (1). Any candidate for the office of circuit court judge shall specifically file and run for a serially-numbered judgeship in the circuit.

In addition to the above judges authorized by this section, there must be thirteen additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 13 respectively.

The numbered at-large seats shall be redesignated as seats in the judicial circuits as follows:

Seat No. 1, sixteenth circuit;

Seat No. 2, ninth circuit;

Seat No. 3, third circuit;

Seat No. 4, thirteenth circuit;

Seat No. 5, seventh circuit;

Seat No. 6, fourth circuit;

Seat No. 7, tenth circuit;

Seat No. 8, sixth circuit;

Seat No. 9, eleventh circuit;

Seat No. 10, fifth circuit;

Seat No. 11, eighth circuit;

Seat No. 12, twelfth circuit; and

Seat No. 13, fifteenth circuit."

SECTION 5. Section 14-8-20 of the 1976 Code is amended to read:

"Section 14-8-20. (a) The members of the Court shall be elected from the state at-large by joint public vote of the General Assembly popular vote of the qualified electors of the state in the nonpartisan election for a term of six years and until their successors are elected and qualify; provided, however, that of those judges initially elected, the Chief Judge (Seat 5) and the judge elected to Seat 6 shall be elected for terms of six years each, the judges elected to Seats 3 and 4 shall be elected for terms of four years each, and the judges elected to Seats 1 and 2 shall be elected for terms of two years each. The terms of office of the judges of the Court shall begin on July 1, 1985. Prior to such date, the General Assembly shall have authority to take such measures as necessary to secure accommodations, personnel, supplies, and equipment and such other matters as may be necessary to effect full implementation of the Court for operation by such date. When the term of each judge who was elected by the General Assembly expires, his successor shall be elected in the manner provided in this section. The term of any judge whose term expires in any odd-numbered year shall be extended until December thirty-first of the next even-numbered year.

(b) Each seat on the Court shall be numbered. Candidates shall be required to file for a specific seat. Seat five shall be designated as the office of Chief Judge and shall be a separate and distinct office for the purpose of an election.

(c) In any contested election, the vote of each member of the General Assembly present and voting shall be recorded; provided, that the provisions of Chapter 19 of Title 2 shall be followed in the course of electing the members of the Court."

SECTION 6. Section 14-8-60 of the 1976 Code is amended to read:

"Section 14-8-60. All vacancies in the Court shall be filled in the manner of original election; provided, that if the unexpired term does not exceed one year such vacancy may be filled by executive appointment by appointment by the Governor with the advice and consent of the Senate. When a vacancy is filled, the judge selected shall hold office only for the unexpired term of his predecessor."

SECTION 7. Section 20-7-1370 of the 1976 Code is amended to read:

"Section 20-7-1370. A. No person shall be eligible to the office of family court judge who is not at the time of his assuming the duties of such office a citizen of the United States and of this State, and has not attained the age of twenty-six years, has not been a licensed attorney at law for at least five years, and has not been a resident of this State for five years next preceding his election, and is not a resident of the circuit wherein the family court of which he is a judge is located. Notwithstanding any other provision of law, any former member of the General Assembly may be elected to the office of family court judge.

B. Family court judges must be elected by the General Assembly for terms of six years and until their successors are elected and qualify. Family court judges shall be elected from the judicial circuits. One or more judges shall be elected from each judicial election district by popular vote of the qualified voters of the district in a nonpartisan election. When the term of each judge who was elected by the General Assembly expires, his successor shall be elected in the manner provided in this section.

C. Each family court judge shall hold office for a term of six years and until his successor is elected and qualifies, and at the time of his election he shall be an elector of a county of, and during his continuance in office he shall reside in, the county in which he is elected. The terms of all family court judges expire on the thirtieth day of June thirty-first day of December of the year in which their terms are scheduled to expire. The term of any judge in office on January 1, 1997, which expires on the thirtieth day of June of a year shall be extended until the thirty-first day of December of that year. The term of any judge whose term expires in any odd-numbered year shall be extended until December thirty-first of the next even-numbered year.

D. For the purpose of electing family court judges, if more than one judge is to be elected from a circuit, each judgeship in that circuit shall be serially numbered beginning with the number (1) and the General Assembly shall elect a judge for each such judgeship. Any candidate for the office of family court judge in a circuit shall specifically file and run for a serially-numbered judgeship in that circuit.

E. When a vacancy occurs for an unexpired term in an office of family court judge, the Governor, upon recommendation of the Chief Justice, shall commission appoint a temporary family court judge to fill such vacancy, until such time as the General Assembly shall elect a successor who shall serve for the remainder of the unexpired term. Such temporary family court judge shall receive as compensation for his services the salary paid to a regular family court judge and in addition thereto shall also receive the subsistence and mileage as authorized by law for family court judges."

PART II

SECTION 8. Section 7-11-10 of the 1976 Code is amended to read:

"Section 7-11-10. (A) Nominations for candidates for the offices to be voted on in a general or special election may be by political party primary, by political party convention or by petition; provided, no person who was defeated as a candidate for nomination to an office in a party primary or party convention shall have his name placed on the ballot for the ensuing general or special election, except that this proviso shall not prevent a defeated candidate from later becoming his party's nominee for that office in that election if the candidate first selected as the party's nominee dies, resigns, is disqualified, or otherwise ceases to become the party's nominee for such office before the election is held.

(B) Candidates for the office of family court judge, circuit court judge, Judge of the Court of Appeals, or Justice of the Supreme Court shall be nominated in the nonpartisan primary preceding the nonpartisan election in which the candidates' names will be listed on the ballot.

(C) Primaries of all political parties and all nonpartisan primaries shall be conducted jointly."

SECTION 9. Chapter 11, Title 7 of the 1976 is amended by adding:

"Section 7-11-23. The names of all candidates who have qualified with the Secretary of State for the office of judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court of this State and the names of all candidates who have qualified with the election superintendent for the office of judge of a state court shall be placed on the ballot in a nonpartisan primary to be held and conducted jointly with the general primary in each even-numbered year. The official ballot in the nonpartisan election which shall be held and conducted jointly with the regular general election in each even-numbered year. No candidates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate. In a nonpartisan primary, candidates for any such office shall have their names placed on the nonpartisan portion of each political party ballot by complying to such nonpartisan candidates and by paying the requisite qualifying fees as candidates for those voters not affiliated with a political party. Candidates shall be listed on the official ballot in a nonpartisan primary and in a nonpartisan election as provided in Sections 7-13-335 and 7-13-630, respectively. Except as otherwise specified in this chapter, the procedures to be employed in conducting the nonpartisan primary and nonpartisan election of family court judges, circuit court judges, Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the procedures governing general primaries and general elections; and such general primary and general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan primaries and nonpartisan elections."

SECTION 10. Section 7-13-10 of the 1976 Code is amended to read:

"Section 7-13-10. General elections for Federal, State federal, state, and county officers in this State, including elections for judicial offices, shall be held on the first Tuesday following the first Monday in November in each even-numbered year at such voting places as have been or may be established by law. All general or special elections held pursuant to the Constitution of this State shall be regulated and conducted according to the rules, principles, and provisions herein prescribed."

SECTION 11. Section 7-13-15 of the 1976 Code is amended to read:

"Section 7-13-15. (A) Except for municipal primaries, all primaries for national offices, excluding the Office of President, and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year.

(B) Whenever any nonpartisan primary is held to nominate candidates for the office of family court judge, circuit court judge, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the second Tuesday in June of each general election year."

SECTION 12. Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-335. The names of all candidates nominated in the nonpartisan primary for the office of family court judge, circuit court judge, Judge of the Court of Appeals, or Justice of the Supreme Court shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election of judges to have printed in prominent type the words `OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: `Place a check or cross mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each nonpartisan candidate shall be shall be arranged under the title at the office for which the candidate was nominated in the official nonpartisan primary. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a plurality of the total votes case for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this section for the nonpartisan election. In the event that only nonpartisan candidates for judges are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election of judges. The candidate having a plurality of the votes cast in the nonpartisan election or the candidate receiving the highest numbers of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."

SECTION 13. Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-630. The names of all candidates seeking nomination in the nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan primary shall be separated from the names of political party candidates by being listed last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan primary for judges to have printed in prominent type the words `OFFICIAL NONPARTISAN PRIMARY BALLOT.' Immediately under this caption the following directions shall be printed: `Place a check or cross mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. The incumbency of a nonpartisan candidate seeking nomination for the public office he then holds shall be indicated on the ballots by printing the word `Incumbent' beside his name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan primary. In the event that a candidate in such nonpartisan primary does not receive a majority of the total votes cast for such office, there shall be a nonpartisan primary runoff between the candidates receiving the two highest numbers of votes for such office; and the names of such candidates shall be placed on each political party ballot at the general primary runoff in the same nonpartisan portion as prescribed in this section. If no political party runoff is required, the form of the ballot for the nonpartisan primary runoff shall be prescribed by the State Election Commission in essentially the same format prescribed for nonpartisan primaries. The candidate receiving a majority of the total votes cast in the nonpartisan primary or the candidate receiving the highest number of votes cast in the nonpartisan primary runoff shall be the only candidate for such office to have his name placed on the nonpartisan election ballot, and such person may be referred to as the nominee for such office or as the candidate nominated for such office."

PART III

SECTION 14. Sections 8-13-1314 and Section 8-13-1316 of the 1976 Code are amended to read:

"Section 8-13-1314. (A) Within an election cycle, no candidate or anyone acting on his behalf may solicit or accept:

(1) a contribution which exceeds:

(a) three thousand five hundred dollars in the case of a candidate for statewide office, other than a candidate for judicial office; or

(b) one thousand dollars in the case of a candidate for any other office, other than a candidate for judicial office;

(c) five hundred dollars in the case of a candidate for the Supreme Court or the Court of Appeals; or

(d) two hundred dollars in the case of a candidate for circuit court or family court;

(2) a cash contribution from an individual unless the cash contribution does not exceed twenty-five dollars and is accompanied by a record of the amount of the contribution and the name and address of the contributor;

(3) a contribution from a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election;

(4) contributions for two elective offices simultaneously, except as provided in Section 8-13-1318.

(B) The restrictions on contributions in subsections (A)(1) and (A)(2) do not apply to a candidate making a contribution to his own campaign.

Section 8-13-1316. (A) Within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees which total in the aggregate more than:

(1) fifty thousand dollars in the case of a candidate for statewide office;

(2) five thousand dollars in the case of a candidate for any other office.

(B) Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment, both in terms of time or length discussed and prominence in presentation, shall not be included in the contribution limits under subsection (A). However, multi-candidate promotional expenditures are limited to:

(1) the operation of telephone banks;

(2) the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; or

(3) voter registration and ballot information.

(C) No candidate for judicial office or anyone acting on his behalf may solicit or accept a contribution from a political party or a party committee or a legislative caucus committee of a political party."

PART IV

SECTION 15. An at-large circuit court judge serving in office on the effective date of this act whose seat is assigned to a judicial circuit pursuant to this act does not have to be a resident of the circuit to which his seat is assigned and may seek election when his term expires in the nonpartisan election held pursuant to this act in the circuit to which his seat is assigned.

PART V

SECTION 16. This act takes effect upon ratification of amendments to Sections 3 and 8 of Article V of the Constitution of this State, requiring that the members of the Supreme Court and the Court of Appeals be elected by the qualified electors of this State and to Section 13, Article V of the Constitution of this State, requiring that circuit court judges be elected by the qualified electors of the judicial circuits divided by the General Assembly.

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