Current Status Bill Number:142 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:McConnell All Sponsors:McConnell, Passailaigue, Wilson, Rose Drafted Document Number:PT\1459DW.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Elections, ballot measure, public funds
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941017 Prefiled, referred to Committee 11 SJ
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TO AMEND SECTION 8-13-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS REGARDING CAMPAIGN PRACTICES, SO AS TO DELETE REFERENCES TO "BALLOT MEASURE", ADD REFERENCES TO "BALLOT MEASURE", AND DEFINE "GOVERNMENTAL ENTITY"; AND TO AMEND SECTION 8-13-1346, RELATING TO THE USE OF PUBLIC FUNDS, PROPERTY, OR TIME TO INFLUENCE THE OUTCOME OF AN ELECTION, SO AS TO SPECIFY THE CIRCUMSTANCES IN WHICH A PUBLIC ENTITY IS AUTHORIZED TO USE PUBLIC FUNDS, PROPERTY, OR TIME ON A BALLOT MEASURE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-1300(7) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(7) `Contribution' means a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a candidate or committee to influence an election or ballot measure; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge. `Contribution' does not include volunteer personal services on behalf of a candidate or committee for which the volunteer receives no compensation from any source."
SECTION 2. Section 8-13-1300(9) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(9) `Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State.; or
(d) a ballot measure."
SECTION 3. Section 8-13-1300(17)(a) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(a) an expenditure made by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and"
SECTION 4. Section 8-13-1300(23) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(23) `Noncandidate committee' means a committee that is not a campaign committee for a candidate but is organized to influence an election or to support or oppose a candidate, or public official, or ballot measure, which receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. `Noncandidate committee' does not include political action committees that contribute solely to federal campaigns."
SECTION 5. Section 8-13-1300 of the 1976 Code, as added by Act 248 of 1991, is amended by adding an appropriately numbered item to read:
"( ) `Governmental entity' means the State, a county, municipality, or political subdivision. `Governmental entity' also means any charitable organization or foundation, but not an athletic organization or athletic foundation, which is associated with a state educational institution and which is organized to raise funds for the academic, educational, research, or building programs of a college or university."
SECTION 6. Section 8-13-1346 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1346. (A) A person may not use or authorize the use of public funds, property, or time to influence the outcome of an election.
(B) This section does not prohibit the incidental use of time and materials for preparation of a newsletter reporting activities of the body of which a public official is a member.
(C) This section does not prohibit a governmental entity's use of public funds, property, or time to conduct a ballot measure or to print, broadcast, or distribute educational material on the merits, benefits, restrictions, and weaknesses of each question presented by a ballot measure. A governmental entity may use public funds, property, or time in an effort to encourage voters to vote; however, a governmental entity may not use public funds, property, or time in an attempt to influence the outcome of a ballot measure."
SECTION 7. This act takes effect upon approval by the Governor.