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Indicates Matter Stricken
Indicates New Matter
March 28, 2001
Introduced by Senators Mescher, Grooms, McGill, Richardson, Elliott, Reese and Branton
S. Printed 3/28/01--S. [SEC 4/5/01 3:59 PM]
Read the first time January 10, 2001.
To whom was referred a Bill (S. 63) to amend Section 7-13-40, Code of Laws of South Carolina, 1976, relating to filing fees for party primaries, so as to provide that the county political party may retain ten percent of the filing fees, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
DICK ELLIOTT for Committee.
EXPLANATION OF IMPACT:
The State Election Commission states that there would be no fiscal impact to the State General Fund. However, the filing fees are considered other funds revenue and with the county political parties retaining 10% of those filing fees, it is anticipated that the State Election Commission would lose approximately $72,589 in revenue.
It should be noted that Section 62.6 of the FY 2001 Appropriation Bill and the Governor's proposed Appropriations Bill for FY 2002 states that the filing fee received from a candidate may be retained and expended by the State Election Commission. The passage of Senate Bill 63 would conflict with Section 62.6, unless the annual Appropriation Bill is amended to allow the parties to retain 10% of the filing fee.
Office of State Budget
TO AMEND SECTION 7-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING FEES FOR PARTY PRIMARIES, SO AS TO PROVIDE THAT THE COUNTY POLITICAL PARTY MAY RETAIN TEN PERCENT OF THE FILING FEES PAID BY CANDIDATES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-13-40 of the 1976 Code is amended to read:
"Section 7-13-40. In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year, and a second and third primary each two weeks successively thereafter, if necessary. Written certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on April ninth, or if April ninth falls on a Saturday or Sunday, not later than twelve o'clock noon on the following Monday. Political parties nominating candidates by party primary must verify the qualifications of those candidates prior to certification to the appropriate election commission of the names of candidates to be placed on primary ballots. The written verification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for office for which he has filed. Political parties must not accept the filing of any candidate who does not or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office for which the candidate desires to file, and such candidate's name shall not be placed on a primary ballot. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission, except that the political parties may retain ten percent of the amount collected.
and placed by the The executive director of the election commission must place the amount sent by the political parties in a special account designated for use in conducting primary elections and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."
SECTION 2. This act takes effect upon approval by the Governor.
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