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S. 364

STATUS INFORMATION

General Bill
Sponsors: Senators Mescher and McGill
Document Path: l:\council\bills\dka\3206dw03.doc

Introduced in the Senate on February 13, 2003
Currently residing in the Senate Committee on Judiciary

Summary: Candidates for municipal office, to make filing requirements more consistent with other offices

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   2/13/2003  Senate  Introduced and read first time SJ-3
   2/13/2003  Senate  Referred to Committee on Judiciary SJ-3

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/13/2003

TO AMEND SECTION 5-15-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING FOR A CANDIDATE FOR MUNICIPAL OFFICE, SO AS TO MAKE THE REQUIREMENT MORE CONSISTENT WITH THE FILING REQUIREMENT FOR AN OFFICE OTHER THAN A MUNICIPAL OFFICE.

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

SECTION    1.    Section 5-15-70 of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:

"Section 5-15-70.    (A)    Each municipal governing body shall determine by ordinance the time for filing nominating petitions, holding primary elections or conventions, the time for entry of candidates for nominations in municipal party primary elections or conventions, the time for closing of entries, and the time and manner of filing by candidates in nonpartisan elections. The municipal governing body may determine by ordinance that either filing a statement of candidacy or a petition with the municipal election commission is required to place the name of the candidate on the ballot in nonpartisan general elections. However, no a candidate's name may not be placed on the ballot by petition in a general election conducted in accordance with the provisions of Section 5-15-63. If the municipal council determines that the petition method is used, the percentage of electors required on these petitions may not be less than five percent of the qualified electors of the geographical area of the office for which he offers as a candidate.

When a candidate's name is to be placed on the ballot by virtue of a primary election or convention, the party concerned shall certify the candidacy to the municipal election commission not later than sixty days prior to the election. When the filing by statement of candidacy is authorized, the individual candidate shall file the statement with the commission not later than sixty days prior to the election and the commission shall place the name of the candidate upon the ballot. If the petition method is authorized, the candidate shall file the necessary petition with the municipal clerk seventy-five days prior to the general election concerned and the clerk shall deliver the petition to the commission. The commission shall examine the petition and determine its validity not later than sixty days prior to the general election concerned and when so validated, the commission shall place the name of the petition candidate upon the ballot.

For nonpartisan special elections, if the petition method is authorized, the candidate shall file the petition with the municipal clerk not later than twelve o'clock noon, sixty days prior to the election. The commission shall determine the validity of the petition not later than forty-five days prior to the election and when so validated, shall place the candidate's name on the ballot. If the statement of candidacy is authorized, these statements must be filed not later than twelve o'clock noon, forty-five days prior to the election.

(B)(1)    In partisan elections, whether seeking nomination by political party primary or political party convention, filing by these candidates shall open for the office at twelve o'clock noon on the third Friday after the vacancy occurs for a period to close ten days later at twelve o'clock noon. If seeking nomination by petition, the petitions must be submitted to the municipal election commission not later than twelve o'clock noon, sixty days before the election. Verification of these petitions must be made not later than twelve o'clock noon forty-five days before the election.

(2)    A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the eighteenth Tuesday after the vacancy occurs. If the eighteenth Tuesday after the vacancy occurs is no more than sixty days before the general election, the special election must be held on the same day as the general election. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day.

(C)    If the office is not one for which there are partisan elections, then the filing must be opened at noon on the third Friday after the vacancy occurs for a period to close ten days later at noon. The filing must be made to the municipal election commission. The election must be set for the thirteenth Tuesday after the vacancy occurs. Both the filing date and the election date are subject to the provisions in subsection (B) of this section regarding holidays.

(D)    For partisan special elections, petitions must be submitted pursuant to Section 7-13-190(B)."

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

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