Download This Bill in Microsoft Word format

Bill 3007

                    Current Status

Bill Number:                      3007
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Govan
All Sponsors:                     Govan
Drafted Document Number:          l:\council\bills\pt\1119dw99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Political party affiliation, pledge of 
                                  candidates, notice of candidacy, terms of; 
                                  Elections


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990112  Introduced, read first time,           25 HJ
                  referred to Committee
House   19981209  Prefiled, referred to Committee        25 HJ


                             Versions of This Bill

TO AMEND ARTICLE 3, CHAPTER 11, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-230 SO AS TO PROVIDE THAT A CANDIDATE WHO EXECUTES A CANDIDACY PLEDGE WITH A POLITICAL PARTY FOR PURPOSES OF OFFERING FOR ELECTION AS PROVIDED IN SECTION 7-11-210 AND CHANGES HIS POLITICAL PARTY AFFILIATION DURING THE TERM OF THE OFFICE FOR WHICH HE WAS ELECTED IS DEEMED TO HAVE VACATED THE SEAT TO WHICH HE WAS ELECTED, AND TO AMEND SECTION 7-11-210, AS AMENDED, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO INCLUDE THIS LANGUAGE IN THE PLEDGE WHICH EVERY CANDIDATE MUST FILE AS ADDED IN SECTION 7-11-230 BY THIS ACT.

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

SECTION 1. Article 3, Chapter 11, Title 7 of the 1976 Code is amended by adding:

"Section 7-11-230. A candidate who executes the pledge required by Section 7-11-210, who is subsequently elected in the general election to that office, and who changes his political party affiliation while serving in that office is deemed to have vacated the office to which he was elected effective the date of the change in the political party. A vacancy in the office must be declared and the office filled in the manner provided by law."

SECTION 2. Section 7-11-210 of the 1976 Code, as last amended by Act 226 of 1996, is further amended to read:

"Section 7-11-210. (A) Every candidate for selection as a nominee of any political party for any state office, United States Senator, member of Congress or solicitor, to be voted for in any party primary election, shall file with and place in the possession of the treasurer of the state committee by twelve o'clock noon on March thirtieth a notice or pledge in the following form, the blanks being properly filled in and the notice or pledge signed by the candidate: 'I hereby file my notice as a candidate for the nomination as in the primary election to be held on . I affiliate with the Party, and I hereby pledge myself to abide by the results of the primary and I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should if I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for the office has become deceased or otherwise disqualified for election in the ensuing general election'. Furthermore, I pledge to maintain my party affiliation with the _______ Party for the term of this office if I am elected. If I violate this pledge and change my party affiliation while serving in this office, I understand that I am deemed to have vacated the office on the date that I change my affiliation.'

(B) Every candidate for selection in a primary election as the nominee of any political party for member of the Senate, member of the House of Representatives, and all county and township offices shall file with and place in the possession of the county chairman or other officer as may be named by the county committee of the county in which they reside by twelve o'clock noon on March thirtieth a like notice and pledge.

(C) The notice of candidacy required by this section to be filed by a candidate in a primary must be signed personally by the candidate, and the signature of the candidate must be signed in the presence of the county chairman or other officer as may be named by the county committee with whom the candidate is filing, or a candidate must have his signature on the notice of the candidacy acknowledged and certified by any officer authorized to administer an oath. Any notice of candidacy of any candidate signed by an agent in behalf of a candidate shall is not be valid.

(D) In the event that If a person who was defeated as a candidate for nomination to an office in a party's primary election shall thereafter offer offers or campaign campaigns as a candidate against any nominee for election to any office in the ensuing general election, the state chairman of the party which held the primary (if the office involved is one voted for in the general election by the electors of more than one county), or the county chairman of the party which held the primary (in the case of all other offices), immediately shall forthwith institute an action in a court of competent jurisdiction for an order enjoining the person from so offering or campaigning in the general election, and the court is hereby empowered upon proof of these facts to issue an order."

SECTION 3. This act takes effect upon approval by the Governor and is effective for offices which are filled beginning with the 2000 general election and all subsequent elections, whether special or general.

This web page was last updated on Wednesday, December 9, 2009 at 9:11 A.M.