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Bill 3871

                    Current Status

Bill Number:                      3871
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010403
Primary Sponsor:                  A. Young
All Sponsors:                     A. Young, Koon and Taylor
Drafted Document Number:          l:\council\bills\pt\1344dw01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Ballots, candidates, write-in; to file 
                                  declaration stating candidacy and office 
                                  seeking for votes to count; Elections


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010403  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE THAT A WRITE-IN CANDIDATE MUST FILE A DECLARATION STATING THAT HE IS A WRITE-IN CANDIDATE, AS WELL AS THE OFFICE HE IS SEEKING, IN ORDER TO HAVE ANY WRITE-IN VOTES CAST FOR HIM COUNTED AND REPORTED AND PROVIDE AN EXCEPTION; AND TO AMEND SECTION 7-13-360, RELATING TO WRITE-IN NAMES ON A BALLOT, SO AS TO REQUIRE THAT WRITE-IN CANDIDATES COMPLY WITH THE REQUIREMENTS OF SECTION 7-13-365.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 7-13-365.    (A)    If a person seeks election to any state or county office in this State by write-in vote, the person must file a declaration stating:

        (1)    that he is a write-in candidate; and

        (2)    the office he is seeking.

    (B)    This declaration, required by subsection (A), must be filed with the authority charged by law with the responsibility for conducting the election not later than 5:00 p.m., ninety days before the election. No write-in vote for this write-in candidate may be counted or reported unless the declaration required by this section is filed as provided. A person who offers as a candidate for nomination by political party, primary, or convention who fails to obtain this nomination is not eligible to be elected by write-in vote.

    (C)    The provisions of this section do not apply in a general election when no candidate offers for a seat when the deadline for filing for that seat has passed. A write-in candidate may be elected under the provisions of this subsection if he receives twenty percent of the votes cast for that office."

SECTION    2.    Section 7-13-360 of the 1976 Code is amended to read:

    "Section 7-13-360.    The ballots shall also must contain a place for voters to write in the name of any other person for whom they wish to vote except on ballots for the election of the President and Vice President. No write-in vote for state or county office may be counted or reported unless the person for whom the vote is cast complies with the requirements of Section 7-13-365."

SECTION    3.    This act takes effect upon approval by the Governor.

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