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Bill 3793

                    Current Status

Bill Number:                      3793
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010322
Primary Sponsor:                  Carnell
All Sponsors:                     Carnell, Govan, Kennedy, Rhoad, Taylor 
                                  and Wilder
Drafted Document Number:          l:\council\bills\swb\5242djc01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Election protests, candidate protesting 
                                  election without merit to pay winning 
                                  candidate's costs incurred as result of


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010322  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND CHAPTER 17, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION PROTESTS, BY ADDING SECTION 7-17-75 SO AS TO PROVIDE THAT A CANDIDATE WHO PROTESTS AN ELECTION ON ANY GROUND OTHER THAN THE DISPARITY OF THE NUMBER OF BALLOTS CAST WHO LOSES THE PROTEST MUST PAY THE WINNING CANDIDATE'S COSTS INCURRED IN CONNECTION WITH THE PROTEST IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT, AND TO DEFINE "FRIVOLOUS" AND "WITHOUT MERIT" FOR THIS PURPOSE.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 7-17-75.    (A)    For purposes of this section:

        (1)    'Frivolous' means the basis or factual content of the protest, excluding technical aspects, is of no significance for purposes of stating a claim upon which relief may be granted.

        (2)    'Without merit' means without credible evidence that the election law or a candidate's rights in an election have been violated in a manner or to the degree necessary to change the outcome of the election.

    (B)    If a candidate protests an election on any ground other than the disparity of the number of ballots cast, and if the board hearing the protest determines the protest was frivolous and without merit, the loosing candidate who filed the frivolous protest is liable to the winning candidate and to the board hearing the protest for all costs incurred by the winning candidate in connection with the protest, and for all administrative costs incurred by the board in connection with hearing the protest, respectively."

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

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