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4824Ratification Number: 539Act Number: 2 of 1999Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19980318Primary Sponsor: InabinettAll Sponsors: Inabinett, Seithel, J. Hines, Cromer, M. Hines, Littlejohn, Woodrum, Gourdine, Neal, Breeland, Simrill, Rodgers, Lloyd, Cave, Canty, Vaughn, Moody-Lawrence, Stuart, Byrd, H. Brown, Stille, Hamilton, Wilkins, Harrison, Barrett, Battle, Maddox, Govan, Miller, Jordan and CatoDrafted Document Number: JIC\5326HTC.98Date Bill Passed both Bodies: 19980616Date of Last Amendment: 19980616Governor's Action: U Became law without signature of GovernorDate of Governor's Action: 19990114Subject: Electoral boards, ballot questions on referendum, constitution amendments; explanations of, ElectionsHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990226 Act No. A2 ------ 19990114 Unsigned, became law without signature of Governor ------ 19980617 Ratified R539 Senate 19980616 Ordered enrolled for ratification House 19980616 Free Conference Committee Report 99 HFCC adopted Senate 19980616 Free Conference Committee Report 89 SFCC adopted Senate 19980616 Free Conference Powers granted, 89 SFCC Moore appointed Senators to Committee Wilson of Free Conference Ford House 19980616 Free Conference Powers granted, 99 HFCC Easterday appointed Reps. To Committee of Inabinett Free Conference Knotts Senate 19980610 Conference powers granted, 88 SCC Moore appointed Senators to Committee Wilson of Conference Ford House 19980604 Conference powers granted, 98 HCC Inabinett appointed Reps. to Committee of Easterday Conference Knotts House 19980604 Insists upon amendment Senate 19980604 Non-concurrence in House amendment House 19980604 Senate amendments amended, returned to Senate with amendment Senate 19980603 Read third time, returned to House with amendment Senate 19980603 Amended Senate 19980602 Read second time, notice of general amendments Senate 19980602 Amended Senate 19980528 Recalled from Committee 11 SJ Senate 19980407 Introduced, read first time, 11 SJ referred to Committee House 19980403 Read third time, sent to Senate House 19980402 Unanimous consent for third reading on the next Legislative day House 19980402 Read second time House 19980401 Committee report: Favorable 25 HJ House 19980318 Introduced, read first time, 25 HJ referred to Committee
(A2 of 1999, R539 of 1998, H4824)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO REQUIRE THE EXPLANATION TO BE AVAILABLE TO THE MEDIA FORTY-FIVE DAYS IN ADVANCE, TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE OF A BOARD TO TIMELY IMPLEMENT THIS ACT, TO PROVIDE THAT THE SUPREME COURT HAS ORIGINAL JURISDICTION CHALLENGING A REFERENDUM BASED ON AN EXPLANATION PROVIDED, AND TO EXEMPT REFERENDA IN WHICH THE GENERAL ASSEMBLY PROVIDES THE BALLOT QUESTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 7 of the 1976 Code is amended by adding:
"Section 7-1-100. (A) If a countywide or less than countywide referendum is held on a question, the electoral board charged with conducting the referendum shall make the ballot question available to the news media in the county at least forty-five days in advance of the date of the referendum.
(B) If the electoral board determines that a referendum question is of a nature that it might not be clearly understood by the voters, it may prepare a simplified or, when appropriate, more detailed explanation of the question that must be placed on the ballot along with the referendum question. When mechanical devices for voting are used, printed copies of the explanation must be made available at each voting precinct. The explanation provided must be made available to the news media in the county on the same schedule provided in subsection (A).
(C) No referendum may be challenged on the grounds that the electoral board failed to act in a timely manner to implement this section.
(D) The provisions of Section 7-13-2130 apply with respect to any proceeding challenging a referendum based on any explanation provided by the electoral board.
(E) The provisions of this section do not apply to a referendum for which the General Assembly provides the ballot question."
SECTION 2. This act takes effect January 1, 1999.
Ratified the 17th day of June, 1998.
Became law without the signature of the Governor -- 1/14/99.