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H. 3064

STATUS INFORMATION

General Bill
Sponsors: Rep. Cobb-Hunter
Document Path: l:\council\bills\dka\3028dw05.doc

Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary

Summary: Appeals to the Election Commission to be made to Circuit Court

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/8/2004  House   Prefiled
   12/8/2004  House   Referred to Committee on Judiciary
   1/11/2005  House   Introduced and read first time HJ-70
   1/11/2005  House   Referred to Committee on Judiciary HJ-70

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/8/2004

TO AMEND SECTION 7-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR A LEGITIMATE NONPOLITICAL REASON, SO AS TO PROVIDE THAT AN APPEAL FROM AN ELECTION MUST BE TO THE CIRCUIT COURT OF THE COUNTY IN WHICH THE AFFIDAVIT IS FILED STATING THE LEGITIMATE NONPOLITICAL REASON FOR WITHDRAWING AS A CANDIDATE.

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

SECTION    1.    The last paragraph of Section 7-11-50 of the 1976 Code, as last amended by Act 81 of 1991, is further amended to read:

"This affidavit must be filed with the state party chairman of the nominee's party and also with the election commission of the county if the office concerned is countywide or less including members of the General Assembly and with the State Election Commission if the office is statewide. No substitution of candidates is authorized, except for death or disqualification, unless the election commission to which the affidavit is submitted approves the affidavit as constituting a legitimate nonpolitical reason for the candidate's resignation within ten days of the date the affidavit is submitted to the commission. All appeals from the election commission to which the affidavit is submitted must be to the circuit court of the county in which the affidavit is filed. However, where this party nominee is unopposed each political party registered with the State Election Commission has the privilege of nominating a candidate for the office involved. If the nomination is certified two weeks or more before the date of the general election, that office is to be filled at the general election. If the nomination is certified less than two weeks before the date of the general election, that office must not be filled at the general election but must be filled in a special election to be held on the second Tuesday in the month following the election, provided that the date of the special election to be conducted after the general election may be combined with other necessary elections scheduled to occur within a twenty-eight-day period in the manner authorized by Section 7-13-190(D)."

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

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