Current Status Bill Number:975 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960109 Primary Sponsor:Ford All Sponsors:Ford and Glover Drafted Document Number:RES9808.RF Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Political party affiliation, provisions
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960109 Introduced, read first time, 11 SJ
referred to Committee
Senate 19951204 Prefiled, referred to Committee 11 SJ
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TO AMEND ARTICLE 7, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-805 SO AS TO PROVIDE THAT A POPULARLY ELECTED PUBLIC OFFICIAL WHO WAS LAST ELECTED AS THE NOMINEE OF A POLITICAL PARTY MAY NOT, DURING THE TERM OF OFFICE FOR WHICH HE WAS LAST ELECTED AS THE NOMINEE OF A POLITICAL PARTY, CHANGE POLITICAL PARTY AFFILIATION; TO PROVIDE THAT AN ELECTED PUBLIC OFFICIAL MAY RESIGN HIS OFFICE AND SEEK RE-ELECTION AS THE NOMINEE OF A DIFFERENT POLITICAL PARTY IN ANY SPECIAL ELECTION HELD AS THE RESULT OF THE RESIGNATION; AND TO PROVIDE THAT AN ELECTED OFFICIAL WHO RESIGNS HIS OFFICE PURSUANT TO THIS SECTION WHO RECEIVED CAMPAIGN CONTRIBUTIONS AFTER THE DATE OF HIS LAST ELECTION TO OFFICE MUST REFUND ANY SUCH CAMPAIGN CONTRIBUTIONS TO THE EXTENT THE CONTRIBUTIONS WERE NOT USED TO PAY EXPENDITURES ARISING OUT OF AND ATTRIBUTABLE TO THE LAST ELECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 7, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-805. An elected public official who was last elected as the nominee of a political party may not, during the term of office for which he was last elected as the nominee of a political party, change political party affiliation. However, an elected public official may resign his office and seek re-election as the nominee of a different political party in any special election held as the result of the resignation. An elected official who resigns his office pursuant to this section who received campaign contributions after the date of his last election to office must refund any such campaign contributions to the extent the contributions were not used to pay expenditures arising out of and attributable to the last election. For purposes of determining which contributions must be refunded, the application of contributions to the payment of expenditures must be applied based upon the chronological order in which the contributions are received. In lieu of a refund, a candidate may obtain a signed written statement from each donor eligible for the refund who consents to the use of his contribution by the candidate as the nominee of a political party different than the party of which the candidate was a member on the date the contribution was made."
SECTION 2. This act takes effect upon approval by the Governor.