Current Status Bill Number:1404 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960430 Primary Sponsor:Wilson All Sponsors:Wilson and Saleeby Drafted Document Number:pfm\9314dw.96 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Candidate to file statement with county election commission
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960430 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A STATEMENT OF INTENTION OF CANDIDACY TO QUALIFY AS A CANDIDATE TO RUN IN THE GENERAL ELECTION, SO AS TO REQUIRE THAT ALL CANDIDATES MUST FILE THE STATEMENT WITH THE COUNTY ELECTION COMMISSION OF THE COUNTY IN WHICH THEY RESIDE INSTEAD OF THE COUNTY EXECUTIVE COMMITTEE OR STATE EXECUTIVE COMMITTEE OF THEIR RESPECTIVE PARTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-11-15 of the 1976 Code, as last amended by Act 226 of 1996, is further amended to read:
"Section 7-11-15. (A) In order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy between noon on March sixteenth and noon on March thirtieth as provided in this section.
(1) Candidates seeking nomination for a statewide, congressional, or district office which includes more than one county shall file their statements of intention of candidacy with the State Executive Committee of their respective party county election commission in the county of their residence.
(2) Candidates seeking nomination for the state Senate or House of Representatives must file their statements of intention of candidacy with the county executive committee of their respective party election commission in the county of their residence. The county committees election commissions must, within five days of the receipt of the statements, transmit them along with the applicable filing fees to the respective State Executive Committees. Provided, however, the county committees election commissions must report all filings to the state committees no later than five p.m. on March thirtieth. The State Executive Committees must certify candidates pursuant to Section 7-13-40.
(3) Candidates seeking nomination for a countywide or less than countywide office shall file their statements of intention of candidacy with the county executive committee of their respective party election commission in the county of their residence.
(B) Except as provided herein in this section, the county executive committee of any political party election commission with whom statements of intention of candidacy are filed must file, in turn, all statements of intention of candidacy with the county election commission State Election Commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. The State Executive Committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all the statements of intention of candidacy with the State Election Commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. No candidate's name may appear on a primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if the candidate's statement of intention of candidacy has not been filed with the county election commission or State Election Commission, as the case may be, by the deadline. The candidate's name must appear if the candidate produces the signed and dated copy of his timely filed statement of intention of candidacy.
(C) The statement of intention of candidacy required in this section and in Section 7-13-190(B) must be on a form designed and provided by the State Election Commission. It must be filed in triplicate by the candidate, and the political party committee with whom it is filed must stamp it with the date and time received, sign it, keep one copy, return one copy to the candidate, and send one copy to either the county election commission or the State Election Commission, as the case may be.
(D) If, after the closing of the time for filing statements of intention of candidacy, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved; provided, that for the office of state Senator, the discretion must be exercised by the state committee.
(E) The provisions of this section do not apply to nonpartisan school trustee elections in any school district where local law provisions provide for other dates and procedures for filing statements of candidacy or petitions, and to the extent the provisions of this section and the local law provisions conflict, the local law provisions control."
SECTION 2. This act takes effect upon approval by the Governor.