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Bill 73

                    Current Status

Bill Number:                      73
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010110
Primary Sponsor:                  Leventis
All Sponsors:                     Leventis, Ford, Reese
Drafted Document Number:          l:\council\bills\pt\1098dw01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Poll, entity conducting to file certain 
                                  information with State Elections Commission 
                                  six-months prior to election


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010110  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-3-45 SO AS TO REQUIRE THE ENTITY IN CHARGE OF CONDUCTING A POLL DURING THE SIX-MONTH PERIOD BEFORE A GENERAL ELECTION TO FILE CERTAIN INFORMATION RELATING TO THE POLL WITH THE STATE ELECTION COMMISSION, AND PROVIDE A PENALTY FOR VIOLATION.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 7-3-45. (A) For purposes of this section:

(1) 'Commission' means the State Election Commission.

(2) 'Initiated' means the beginning of the conduct of the first and any subsequent poll.

(3) 'Poll' means the solicitation of opinions or of answers to questions posed to the public when the person taking the poll or the text of the poll itself refers to, by name:

(a) a candidate in an election held pursuant to this title; or

(b) a political party; the word 'poll' applies only to a poll paid for or authorized by a candidate or a candidate's committee, as defined in Section 8-13-1300.

(B) The provisions of this section apply to polls conducted at any time during the six-month period before the general election.

(C) The entity in charge of conducting a poll must file the name of the person or persons who authorized, donated, paid for, or sponsored the poll, or any combination of these, together with the text of the poll with the commission on the next regular working day of the commission after the poll is initiated. However, if the poll is initiated ten days or less before the general election, the information must be filed before the poll is initiated.

(D) The information required to be filed with the commission is subject to disclosure under Chapter 4 of Title 30. The commission must maintain records of information filed pursuant to this section for one hundred twenty days after the general election.

(E) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or be imprisoned for not more than thirty days, or both."

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

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