Current Status Bill Number:268 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:McConnell All Sponsors:McConnell, Passailaigue, Rose Drafted Document Number:PT\1523DW.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:County ordinances by petition
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941114 Prefiled, referred to Committee 11 SJ
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TO AMEND SECTION 4-9-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFIED ELECTORS OF A COUNTY PROPOSING CERTAIN ORDINANCES BY PETITION, SO AS TO REVISE THE NUMBER OF SIGNATURES REQUIRED FOR THE PETITION AND TO AUTHORIZE THE QUALIFIED ELECTORS OF A COUNTY, MUNICIPALITY, SCHOOL DISTRICT, OR SPECIAL PURPOSE DISTRICT TO PROPOSE ORDINANCES OR RESOLUTIONS LIMITING THE TOTAL REVENUE WHICH THE COUNTY MAY EXPEND DURING A FISCAL YEAR; BY ADDING SECTION 7-1-90 SO AS TO PERMIT PERSONS TO SOLICIT SIGNATURES OF ELECTORS ON PETITIONS WHILE ON PUBLIC PROPERTY, PROVIDE A PROCEDURE FOR DETERMINING THE VALIDITY OF THE SIGNATURES ON PETITIONS, AND PROVIDE FOR A PROCEDURE BY WHICH SIGNATURES OR ENTRIES MAY BE CHALLENGED; AND BY ADDING SECTION 7-1-100 SO AS TO PROHIBIT A COUNTY, MUNICIPALITY, SCHOOL DISTRICT, OR OTHER POLITICAL SUBDIVISION FROM BELONGING TO OR DONATING, DIRECTLY OR INDIRECTLY, AND TO AN ORGANIZATION WHICH SUPPORTS OR OPPOSES A BALLOT ISSUE, AND PROHIBIT PUBLIC FUNDS, PROPERTY, OR TIME FROM BEING USED BY A PERSON HOLDING ELECTIVE OFFICE OR EMPLOYED BY A GOVERNMENTAL ENTITY TO CREATE OR DISTRIBUTE MATERIAL INVOLVING A BALLOT ISSUE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 4-9-1210 of the 1976 Code is amended to read:
"Section 4-9-1210. (A) Except as otherwise provided in subsection (B), the qualified electors of any a county may propose any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, and adopt or reject such the ordinance at the polls. Any initiated ordinance may be submitted to the council by a petition signed by qualified electors of the county equal in number to at least fifteen five percent of the qualified electors of the county.
(B) The qualified electors of any county may propose an ordinance limiting the total revenue which the county may expend during a fiscal year. Fiscal year revenue means all revenue received by the county except for federal funds and state funds. Revenue limits do not apply to a county enterprise that receives less than twenty-five percent of its revenue from ad valorem property taxes. Any initiated ordinance may be submitted to the county council by petition signed by qualified electors of the county equal in number to at least five percent of the qualified electors of the county. The revenue limits may be exceeded for the issuance or repayment of bonds which do not exceed the applicable constitutional debt limitation. The qualified electors of special purpose or public service districts, fiscally independent school districts, and other political subdivisions that receive revenue from ad valorem property taxes may propose ordinances or resolutions, as appropriate, by the same process. The ordinance or resolution must be considered or adopted, or both, in the same manner other ordinances initiated by petition are considered and adopted as provided in this article."
SECTION 2. The 1976 Code is amended by adding:
"Section 7-1-90. (A) No person may infringe upon the right of a person to solicit peaceably the signatures of electors while on property owned or leased by the State, a county or municipality, school district, public service or special purpose district, or any other political subdivision of this State which is open to the public.
(B) All petitions submitted pursuant to the provisions of Article 13, Chapter 9, Title 4 and Chapter 17, Title 5, must conform to the form of the petition required by Section 7-11-80.
(C) Entries on petitions for the purposes enumerated in Article 13, Chapter 9, Title 4 and Chapter 17, Title 5 may be corrected only by the person signing the petition and making the entry and do not affect the validity of any other entry.
(D) All signatures and entries are considered valid if not protested by a party other than the State or political subdivision within forty-five days of filing of the petition.
(E) Signatures and the entries associated with them may be found invalid only at a public hearing at which the county election commission, using judicial rules of evidence and procedures, finds that they do not meet the requirements of Section 7-11-80. All reasons for declaring a signature or entry invalid must be found at the hearing.
(F) The county election commission has the burden of proof of finding that a signature or entry invalid beyond a reasonable doubt.
(G) A person signing a petition is presumed to be a qualified elector whose signature and entry are valid unless declared invalid by the county election commission.
(H) Notwithstanding the provisions of Section 7-11-85, every signature on a petition submitted pursuant to the provisions of Article 13, Chapter 9, Title 4 or Chapter 17, Title 5 must be counted. No random sampling of the validity of petition signatures is permitted.
(I) Petitioners have up to ten days after a public hearing conducted pursuant to the provisions of this section to file corrections and new entries or petitions to which the provisions of this section apply."
SECTION 3. The 1976 Code is amended by adding:
"Section 7-1-100. (A) No county, municipality, school district, or other political subdivision may belong to or donate, directly or indirectly, to an organization which supports or opposes a ballot issue.
(B) No person holding elective office or person employed or paid by a governmental entity may use public funds, property, or time to create or distribute material involving a ballot issue. This requirement does not affect election notices or judicial processes which require ballot issue analyses."
SECTION 4. This act takes effect upon approval by the Governor.