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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 25, 2004
S. 1041
S. Printed 3/25/04--S.
Read the first time March 9, 2004.
To whom was referred a Bill (S. 1041) to amend 7-13-190, Code of Laws of South Carolina, 1976, relating to special elections to fill vacancies in office, so as to repeal a provision, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
LARRY A. MARTIN for Committee.
EXPLANATION OF IMPACT:
Since enactment of Act 3 of 2003, no cost savings have been realized because in elections for the House of Representatives or Senate there are usually a number of candidates who file in the primaries. Further, there have been no countrywide elections that were not held due to the enactment of Act 3 of 2003. Therefore, if this bill were passed, any potential future savings associated with Act 3 of 2003, although minimal, would go unrealized.
LOCAL GOVERNMENT IMPACT:
The State Election Commission reports that nine counties indicated that since the enactment of Act 3 of 2003, there has been $18,500 in cost savings as a result of not having to conduct municipal general elections. Since this bill would now require that municipal general elections be conducted, there may be some additional costs to the local governments associated with repealing Act 3 of 2003.
Approved By:
Don Addy
Office of State Budget
TO AMEND 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO REPEAL A PROVISION WHICH PROHIBITS WRITE-IN VOTES IN SPECIAL ELECTIONS AND MUNICIPAL GENERAL ELECTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. SECTION 1. Section 7-13-190 of the 1976 Code, as last amended by Act 3 of 2003, is further amended to read:
"Section 7-13-190. (A) Except as otherwise provided in this code as to specific offices, whenever a vacancy occurs in office by reason of death, resignation, or removal and the vacancy in office is one which is filled by a special election to complete the term of office, this section applies.
(B) 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 not later than twelve o'clock noon, sixty days prior to the election. Verification of these petitions must be made not later than twelve o'clock noon forty-five days prior to the election. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15 and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-70.
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 prior to the general election, the special election shall 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 same entity to which the nonpartisan officeholders would normally file for office in a general election year. 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) Provided, however However, if a vacancy occurs in more than one office in the same county requiring separate special elections to be held within a period of twenty-eight days under the provisions of this section, the election commission or other authority responsible for the conduct of the elections shall conduct all of the elections on the same date. The special elections must be held on the latest date required for an election during the twenty-eight-day period.
(E)(1) A special election to fill a vacancy in an office is not required to be conducted if fourteen calendar days have elapsed since the filing period for that office has closed and:
(a) only one person has filed for the office; and
(b) no person has filed a declaration to be a write-in candidate with the authority charged by law with conducting the election.
(2) In such an event, the candidate who filed for the office is deemed elected and shall take office on the Monday following certification.
(3) The provisions of this subsection also apply to municipal general elections.
When no person has filed a declaration to be a write-in candidate pursuant to this section, the candidate who filed for the office must be declared the winner by the authority charged by law with conducting the election, and the votes for the election must not be counted or otherwise tabulated. Nothing in this section requires a ballot containing the name of a person who has been declared the winner pursuant to this section to be reprinted to delete the winning candidate's name or candidates' names from the ballot."
SECTION 2. This act takes effect upon approval by the Governor.
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