South Carolina General Assembly
112th Session, 1997-1998

Bill 224

                    Current Status

Bill Number:                    224
Ratification Number:            40
Act Number:                     16
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19970121
Primary Sponsor:                Holland 
All Sponsors:                   Holland 
Drafted Document Number:        jud6013.ddh
Date Bill Passed both Bodies:   19970321
Governor's Action:              S
Date of Governor's Action:      19970423
Subject:                        Canvassers Board, appeals; hearing
                                date following filing of any notice;
                                Elections
History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19970509  Act No. A16
------  19970423  Signed by Governor
------  19970417  Ratified R40
House   19970321  Read third time, enrolled for
                  ratification
House   19970320  Read second time, unanimous consent
                  for third reading on the next
                  Legislative day
House   19970319  Committee report: Favorable              25 HJ
House   19970219  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19970218  Read third time, sent to House
Senate  19970213  Read second time
Senate  19970212  Committee report: Favorable              11 SJ
Senate  19970121  Introduced, read first time,             11 SJ
                  referred to Committee
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A16, R40, S224)

AN ACT TO AMEND SECTION 7-17-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEARING OF APPEALS BY THE STATE BOARD OF CANVASSERS, SO AS TO PROVIDE THAT THE BOARD SHALL MEET NOT LATER THAN NOON ON MONDAY TWO WEEKS FOLLOWING THE FILING OF ANY NOTICE PERFECTED UNDER SECTION 7-17-60 FOR THE PURPOSE OF HEARING APPEALS.

Be it enacted by the General Assembly of the State of South Carolina:

Hearing of appeals

SECTION 1. Section 7-17-70 of the 1976 Code, as last amended by Act 91 of 1993, is further amended to read:

"Section 7-17-70. Unless otherwise provided in Section 7-3-10(c), the state board must meet in Columbia not later than noon on Monday fourteen days following the filing of any notice perfected under Section 7-17-60 for the purpose of hearing appeals. The appellant and each other candidate in the protested race have the right to be present at the hearing, to be represented by counsel, and to be heard on the merits of the appeal. The state board is bound by the facts as determined by the county board. However, if in the opinion of at least two members of the state board the facts should be reviewed, then a hearing de novo must be held by the state board. In the event of a review of the facts, the state board may receive any new evidence or exhibits as it in its discretion considers necessary to determine the appeal. The state board must remain in session until all appeals have been disposed of."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 23rd day of April, 1997.