Current Status Bill Number:3338 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950119 Primary Sponsor:Jennings All Sponsors:Jennings, Cobb-Hunter, Kennedy and Neal Drafted Document Number:PT\1645DW.95 Companion Bill Number:197, 271 Residing Body:House Date of Last Amendment:19960530 Subject:Campaign practices
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960530 Amended, read third time,
returned to House with amendment
Senate 19960523 Read second time, notice of
general amendments
Senate 19960521 Recalled from Committee, 11 SJ
placed on the Calendar
Senate 19950222 Introduced, read first time, 11 SJ
referred to Committee
House 19950221 Amended, read third time,
sent to Senate
House 19950216 Debate adjourned until
Tuesday, 19950221
House 19950215 Debate adjourned
House 19950215 Objection by Representative Huff
Tripp
Fleming
Haskins
Herdklotz
Jennings
Kennedy
Limbaugh
Davenport
Neal
Cobb-Hunter
House 19950214 Read second time
House 19950209 Objection by Representative Anderson
House 19950209 Amended
House 19950208 Committee report: Favorable with 25 HJ
amendment
House 19950119 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
May 30, 1996
H. 3338
S. Printed 5/30/96--S.
Read the first time February 22, 1995.
TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1315. (A) A candidate, committee, campaign worker, or political party official may not, directly or indirectly, give, transfer, offer, or promise anything of value to an election official in order to seek to affect the outcome of the election. An election official may not, directly or indirectly, ask, demand, exact, solicit, seek, accept, receive, or agree to receive anything of value from a candidate, committee, campaign worker, or political party official which has been offered in order to seek to affect the outcome of the election.
(B) The provisions of subsection (A) apply from the beginning of an election cycle until the time that a candidate files a final campaign report."
SECTION 2. Sections 7-25-50 and 7-25-60 of the 1976 Code, both as last amended by Act 184 of 1993, are further amended to read:
"Section 7-25-50. It is unlawful for a person to procure, by the payment, delivery, or promise of money or other article of value, another to vote for or against any particular candidate or measure at any election held within this State, whether general, special, or primary, for members of the Congress of the United States, members of the General Assembly of this State, sheriff, clerk, judge of probate or other county officer, mayor, and aldermen of any city or intendant and wardens of any incorporated town, or at any other election held within this State. It is also unlawful for a person to accept such procurements. The person promising and the person voting are each guilty of a felony and, upon conviction, for the first offense, must be fined not less than one hundred dollars nor more than five hundred dollars in the discretion of the court and imprisoned not more than five ten years. Upon conviction for a second or subsequent offense, the person must be fined not less than five hundred dollars nor more than five thousand dollars in the discretion of the court and imprisoned not more than ten fifteen years.
Section 7-25-60. (A) It is unlawful for a person at any election to:
(1) procure, or offer or propose to procure, another, by the payment, delivery, or promise of money or other article of value, to vote for or against any particular candidate or measure; or
(2) vote, offer, or propose to vote for or against any particular candidate or measure for the consideration of money or other article of value paid, delivered, or promised, vote or offer or propose to vote for or against any particular candidate or measure.
(B) A person who violates the provisions of this section is guilty of a felony. Upon conviction for a first offense, the person must be fined in the discretion of the court and imprisoned not more than five ten years. Upon conviction for a second or subsequent offense, the person must be fined in the discretion of the court and imprisoned not more than ten fifteen years."
SECTION 3. Section 8-13-1300(10) of the 1976 Code is amended to read:
"(10)(A) `Election cycle' means the period of a term of office beginning on the day after the general election for the office, up to and including the following general election for the same office, including a primary, special primary, or special election; however, the contribution limits under Sections 8-13-1314 and 8-13-1316 apply only to elections occurring on or after January 1, 1992, and are for each primary, runoff, or special election in which a candidate has opposition and for each general election. If the candidate remains unopposed during an election cycle, one contribution limit shall apply. (B) `Election official' means a member of a municipal, county, or state election commission, whether elected or appointed; a member of a county voter registration board, whether elected or appointed; a member of a combined election commission and voter registration board, whether elected or appointed; a member of a municipal, county, or state party executive committee, whether elected or appointed; and a municipal, county, or state poll manager or poll worker, whether elected or appointed where the election official has jurisdiction over any election in which the candidate, committee, campaign worker, or political party official is a candidate or seeks to affect the outcome of any election."
SECTION 4. Section 8-13-1300(30) of the 1976 Code is amended to read:
"(30) `Transfer' means the movement or exchange of funds or anything of value between committees and candidates, or between a candidate, committee, campaign worker, or political party official and an election official, except the disposition of surplus funds or material assets by a candidate to a party committee, as provided in this article."
SECTION 5. Section 8-13-1348(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(C)(1) An expenditure of more than twenty-five dollars must be made by a written instrument drawn upon the campaign account containing the name of the candidate or committee and the name of the recipient. Expenditures of twenty-five dollars or less that are not made by a written instrument containing the name of the candidate or committee and the name of the recipient must be accounted for by a written receipt or written record. Any payment to any person which is related to efforts by or on behalf of a candidate, committee, public official, or political party in aid of or to promote the candidacy of an individual for nomination for election or for election to elective public office or the passage or defeat of a ballot measure, or to efforts directly to promote or encourage the participation of voters in an election including, but not limited to, payments made to campaign workers and payments to other persons which are intended for further transfer to election-day workers or other ultimate payees, must be made by check payable to the named person, and the payment may not be made in currency.
(2) Any campaign worker or other person who shall receive a payment which is intended for further transfer to election-day workers or other ultimate payees shall make such further payments by check only payable to the ultimate payee, and the payment may not be made in currency, and such payments shall be documented as provided in subsection (4) below.
(3) Any payment to a candidate, committee, public official, political party, or to any other person, association or group, by a candidate or committee or by any other person, association or group, which payment is related to efforts in aid of or to promote the candidacy of an individual for nomination for election or for election to elective public office or the passage or defeat of ballot measures, or to efforts directly to promote or encourage the participation of voters in an election must be made by check payable to the named committee, person, association, or group, and the payment may not be made in currency.
(4) When funds are paid to a person from a campaign account under the provisions of this subsection, all funds expended by this person must be documented as to the specific goods and services obtained. This documentation must be maintained and included in campaign reports. A candidate is deemed to have violated Sections 7-25-50 and 7-25-60 (bribery at elections) if he does not comply with the provisions of this subsection.
(5) Whenever any person, partnership, association, or corporation provides to any candidate, campaign, or political party services, materials, facilities, or other things of value for which that person, partnership, association, or corporation normally receives compensation and receives no compensation or compensation which is less than the fair market value of those services, materials, facilities, or other things of value, all such services, materials, facilities, or other things of value, with both their actual costs to the candidate, campaign, or political party and their fair market value must be documented. This documentation must be maintained and included in campaign reports. A candidate is deemed to have violated Section 7-25-50 and 7-25-60 (bribery at election) if he does not comply with the provisions of this section."
SECTION 6. Section 8-13-1348(D) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(D) (1) An expenditure may not be made that is clearly in excess of the fair market value of services, materials, facilities, or other things of value received in exchange.
(2) No candidate or duly authorized officer or committee may pay and no person may receive in payment for transporting electors to polling places any amount from any candidates or duly authorized officers or committees which payments alone or when aggregated for any election day would exceed the amount paid official poll managers by the State Election Commission pursuant to the provisions of Section 7-23-10, or fifty dollars, whichever is greater."
SECTION 7. Section 8-13-1300 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) `ultimate payee' means any person who receives a payment of money from a candidate or from a person or committee authorized by the candidate."
SECTION 8. This act takes effect upon approval by the Governor.