Current Status Bill Number:3235 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950111 Primary Sponsor:J. Brown All Sponsors:J. Brown, Canty, Klauber, Neal, Scott, Inabinett, Harvin, Neilson, Shissias and Riser Drafted Document Number:PT\1544DW.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Candidate or nominee after death or withdrawal
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950111 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-57 SO AS TO PROVIDE A PROCEDURE FOR THE QUALIFICATION OF A CANDIDATE FOR STATEWIDE OFFICE WHEN THE PERSON WINNING THE PRIMARY DIES OR WITHDRAWS; TO AMEND SECTION 7-11-50, RELATING TO SUBSTITUTION OF CANDIDATES WHEN A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO MAKE REFERENCE TO SECTION 7-11-57; AND TO AMEND SECTION 7-11-55 RELATING TO REQUIRING A SPECIAL PRIMARY ELECTION TO FILL A VACANCY IN CASES WHERE A PARTY NOMINEE WHO IS NOMINATED BY A PARTY PRIMARY ELECTION DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO MAKE REFERENCES TO SECTION 7-11-57.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 7-11-57. (A) Notwithstanding the provisions of Sections 7-11-50 and 7-11-55, when a candidate for a statewide office, who has qualified for the general election, dies or withdraws pursuant to the provisions of Section 7-11-50, the candidate receiving the next highest number of votes in the primary election in which he offered is qualified for the general election.
(B) The provisions of subsection (A) apply only if the candidate receiving the next highest number of votes received at least thirty percent of the votes cast in the primary election.
(C) If that candidate or another general election candidate dies or withdraws pursuant to the provisions of Section 7-11-55, the candidate receiving the next highest number of votes in the primary election qualifies for the general election if he received at least thirty percent of the votes cast in the primary election in which he offered. This procedure must be used until the maximum number of candidates for each office on the general election ballot is reached.
(D) The provisions of this section apply only to a statewide candidate or successive statewide candidates who die or officially withdraw before five o'clock on the Monday after the primary election."
SECTION 2. The first paragraph of Section 7-11-50 of the 1976 Code, as last amended by Act 81 of 1991, is further amended to read:
"Except as provided in Section 7-11-57, If if a party nominee who was nominated by a method other than party primary election dies, becomes disqualified after his nomination, or resigns his candidacy for a legitimate nonpolitical reason as defined in this section and sufficient time does not remain to hold a convention to fill the vacancy or to nominate a nominee to enter a special election, the respective state or county party executive committee may nominate a nominee for the office, who must be duly certified by the respective county or state chairman."
SECTION 3. The first paragraph of Section 7-11-55 of the 1976 Code, as added by Act 81 of 1991, is amended to read:
"Except as provided in Section 7-11-57, If if a party nominee dies, becomes disqualified after his nomination, or resigns his candidacy for a legitimate nonpolitical reason as defined in Section 7-11-50 and was selected through a party primary election, the vacancy must be filled in a special primary election to be conducted as provided in this section. The filing period for this special primary election opens the second Tuesday after the death, disqualification, or approval of the resignation for one week. The special primary election then must be conducted on the second Tuesday immediately following the close of the filing period. A runoff, if necessary, must be held two weeks after the first primary. The nomination must be certified not less than two weeks before the date of the general election. If the nomination is certified two weeks or more before the date of the general election, that office is to be filled at the general election."
SECTION 4. This act takes effect upon approval by the Governor.