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S. 365

STATUS INFORMATION

General Bill
Sponsors: Senators Mescher, Martin and McGill
Document Path: l:\council\bills\dka\3210dw03.doc

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

Summary: Write-in candidate; must file statement of candidacy

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   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 THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE THAT A WRITE-IN CANDIDATE SHALL 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.    Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-365.    (A)    If a person seeks election to a state or county office in this State by write-in vote, the person shall 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. A write-in vote for this write-in candidate may not 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 pursuant to 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. A write-in vote for state or county office may not 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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