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Bill 3138

                    Current Status

Bill Number:                      3138
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Cobb-Hunter
All Sponsors:                     Cobb-Hunter, Moody-Lawrence
Drafted Document Number:          l:\council\bills\pt\1134dw99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Political party nominee, candidate 
                                  substitution; provisions, Elections


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990112  Introduced, read first time,           25 HJ
                  referred to Committee
House   19981216  Prefiled, referred to Committee        25 HJ


                             Versions of This Bill

TO AMEND SECTION 7-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR A LEGITIMATE NONPOLITICAL REASON, SO AS TO PROVIDE THAT AN APPEAL FROM AN ELECTION MUST BE TO THE CIRCUIT COURT OF THE COUNTY IN WHICH THE AFFIDAVIT IS FILED STATING THE LEGITIMATE NONPOLITICAL REASON FOR WITHDRAWING AS A CANDIDATE.

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

SECTION 1. The last paragraph of Section 7-11-50 of the 1976 Code, as last amended by Act 81 of 1991, is further amended to read:

"This affidavit must be filed with the state party chairman of the nominee's party and also with the election commission of the county if the office concerned is countywide or less including members of the General Assembly and with the State Election Commission if the office is statewide. No substitution of candidates is authorized, except for death or disqualification, unless the election commission to which the affidavit is submitted approves the affidavit as constituting a legitimate nonpolitical reason for the candidate's resignation within ten days of the date the affidavit is submitted to the commission. All appeals from the election commission to which the affidavit is submitted must be to the circuit court of the county in which the affidavit is filed. However, where this party nominee is unopposed each political party registered with the State Election Commission has the privilege of nominating a candidate for the office involved. If the nomination is certified two weeks or more before the date of the general election, that office is to be filled at the general election. If the nomination is certified less than two weeks before the date of the general election, that office must not be filled at the general election but must be filled in a special election to be held on the second Tuesday in the month following the election, provided that the date of the special election to be conducted after the general election may be combined with other necessary elections scheduled to occur within a twenty-eight-day period in the manner authorized by Section 7-13-190(D)."

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

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