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H. 3570
STATUS INFORMATION
General Bill
Sponsors: Rep. Scott
Document Path: l:\council\bills\dka\3201dw03.doc
Introduced in the House on February 11, 2003
Currently residing in the House Committee on Judiciary
Summary: Candidates running for partisan office in a primary or general election; filing process
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/11/2003 House Introduced and read first time HJ-12 2/11/2003 House Referred to Committee on Judiciary HJ-12
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTIONS 7-11-15, 7-13-40, AND 7-13-45, ALL AS AMENDED, RELATING TO THE PROCEDURE FOR A CANDIDATE TO FILE AND RUN FOR PARTISAN OFFICES IN A PRIMARY AND GENERAL ELECTION, SO AS TO REQUIRE THE CANDIDATE TO FILE WITH THE AUTHORITY CHARGED BY LAW WITH CONDUCTING THE ELECTION INSTEAD OF THE POLITICAL PARTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-11-15 of the 1976 Code, as last amended by an Act of 2002, bearing ratification number 421, is further amended to read:
"Section 7-11-15. In order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must shall file a statement of intention of candidacy between noon on March sixteenth and noon on March thirtieth as provided in this section.
(1) Candidates A candidate seeking nomination for a statewide, congressional, or district office that includes more than one county must shall file their statements his statement of intention of candidacy with the state executive committee of their respective party State Election Commission.
(2) Candidates A candidate seeking nomination for the state Senate or House of Representatives must shall file their statements his statement of intention of candidacy with the county executive committee of their respective party authority charged by law with conducting elections in the county of their his residence. The county committees must authority, within five days of the receipt of the statements statement, shall transmit the statements statement along with the applicable filing fees fee to the respective state executive committees State Election Commission. However, the county committees must authority shall report all filings the filing to the state committees State Election Commission no later than five p.m. on March thirtieth. The state executive committees must State Election Commission shall certify candidates pursuant to Section 7-13-40.
(3) Candidates A candidate seeking nomination for a countywide or less than countywide office shall file their statements his statement of intention of candidacy with the county executive committee of their respective party authority charged by law with conducting elections in the county of his residence.
Except as provided herein in this section, the county executive committee of any political party with whom statements a candidate shall file his statement of intention of candidacy are filed must file, in turn, all statements of intention of candidacy with the county election commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements statement must be filed by noon the following day. The state executive committee of any political party authority charged by law with conducting the election with whom statements of intention of candidacy are filed must shall file, in turn, all the statements of intention of candidacy with the State Election Commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. No A candidate's name may not appear on a primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if (1) the candidate's statement of intention of candidacy has not been filed with the county election commission or State Election Commission, as the case may be, by the deadline and (2) the candidate has not been certified by the appropriate political party as required by Sections 7-13-40 and 7-13-350, as applicable. The candidate's name must appear if the candidate produces the signed and dated copy of his timely filed statement of intention of candidacy.
The statement of intention of candidacy required in this section and in Section 7-13-190(B) must be on a form designed and provided by the State Election Commission. This form, in addition to all other information, must contain an affirmation that the candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. It must be filed in triplicate by the candidate, and the political party committee authority with whom it is filed must shall stamp it with the date and time received, sign it, keep one copy, return one copy to the candidate, and send one copy to either the county election commission or the State Election Commission, as the case may be.
If, after the closing of the time for filing statements of intention of candidacy, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, may afford opportunity for the entry of other candidates for the office involved; however, for the office of State House of Representatives or State Senator, the discretion must be exercised by the state committee.
The provisions of this section do not apply to nonpartisan school trustee elections in any school district where local law provisions provide for other dates and procedures for filing statements of candidacy or petitions, and to the extent the provisions of this section and the local law provisions conflict, the local law provisions control."
SECTION 2. Section 7-13-40 of the 1976 Code, as last amended by Act 236 of 2000, is further amended to read:
"Section 7-13-40. In the event that If 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 after that, 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 shall verify the qualifications of those candidates prior to before 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 The authority charged by law with conducting an election shall not accept the filing of any a 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 must 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 authority charged by law with conducting an election to the State Election Commission and placed by the executive director of the commission 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 3. Section 7-13-45 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-13-45. In every each general election year, the county chairman authority charged by law with conducting an election shall:
(1) designate a specified place other than a private residence where persons may file a statement of intention of candidacy;
(2) designate a specified place other than a private residence where persons may file as candidates;
(3) establish regular hours of not less than four hours a day during the final seventy-two hours of the filing period in which he or some person he designates must be present at the designated place to accept filings;
(4) place an advertisement to appear two weeks before the filing period begins in a newspaper of general circulation in the county at least five by seven inches in size that notifies the public of the dates of the filing periods, the offices which may be filed for, the place and street address where filings may be made, and the hours that an authorized person will be is present to receive filings."
SECTION 4. This act takes effect upon approval by the Governor.
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