Current Status Bill Number:
14Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19950110Primary Sponsor: MitchellAll Sponsors: Mitchell, WashingtonDrafted Document Number: PT\1436DW.95Residing Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Party primary elections, when nominee is candidate
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19950110 Introduced, read first time, 11 SJ referred to Committee Senate 19940919 Prefiled, referred to Committee 11 SJView additional legislative information at the LPITS web site.
TO AMEND SECTIONS 7-13-40 AND 7-13-50, BOTH AS AMENDED, AND SECTION 7-17-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO REQUIRE THAT THE NOMINEE IS THE CANDIDATE RECEIVING THE MOST VOTES CAST IN EXCESS OF FORTY-TWO AND ONE-HALF PERCENT OF THE VOTES CAST FOR THE OFFICE, REDUCE FROM A MAJORITY TO FORTY-TWO AND ONE-HALF PERCENT THE PERCENTAGE OF VOTERS VOTING IN A PRIMARY REQUIRED TO NOMINATE A CANDIDATE, AND PROVIDE THAT SECOND PRIMARIES MUST BE HELD WHEN NO CANDIDATE RECEIVES FORTY-TWO AND ONE-HALF PERCENT OR MORE OF THE VOTE; AND TO REPEAL SECTION 7-17-610 RELATING TO THE DETERMINATION OF A MAJORITY VOTE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-13-40 of the 1976 Code, as last amended by Section 134, Part II, Act 497 of 1994, is further amended to read:
"Section 7-13-40. In the event that If a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year and a second and third primary each two weeks successively thereafter, if necessary. The nominee is the candidate receiving the most votes in excess of forty-two and one-half percent of the votes cast for the office for which the candidate offered. If no candidate receives at least forty-two and one-half percent of the votes in the first primary as required by Section 7-17-600, a second primary must be held. Certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on May first, or if May first falls on a Sunday, not later than twelve o'clock noon on the following Monday. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."
SECTION 2. Section 7-13-50 of the 1976 Code, as last amended by Act 253 of 1992, is further amended to read:
"Section 7-13-50. (A) A second primary, when necessary, must be held two weeks after the first and is subject to the rules governing the first primary. At the second primary the two candidates among those who do not withdraw their candidacies and who received more votes in the first primary than any other remaining candidate alone shall run for any one office and if. If only one candidate remains, he is considered nominated, except that if there are two or more vacancies for any particular office, the number of candidates must be double the number of vacancies to be filled if so many candidates remain.
(B) (1) In all second primaries the candidate receiving the largest number of votes cast for a given office must be declared the nominee for the office whether or not he has received a majority of the votes cast for that office, and when.
(2) When there are several candidates for several different offices, then the several candidates receiving the largest number of votes for the several positions are considered as nominated for the offices whether or not they received a majority of the votes cast.
(C) Other primaries, if necessary, must be ordered in a similar manner by the county election commission or the State Election Commission, as appropriate."
SECTION 3. Section 7-17-600 of the 1976 Code is amended to read:
"Section 7-17-600. No candidate shall be declared nominated in a first primary election unless he received a majority A candidate may not be declared nominated unless he receives the most votes cast in excess of forty-two and one-half percent of the votes cast for the office for which he was a candidate. The question of a majority percentage vote shall must be determined by the number of votes cast for any a particular office and not by the whole number of votes cast in the primary."
SECTION 4. Section 7-17-610 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the Governor.