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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT AMENDED AND ADOPTED
March 2, 2006
S. 1145
Introduced by Senators Martin, McConnell, Ford, Knotts, Malloy and Jackson
S. Printed 3/2/06--S. [SEC 3/8/06 10:47 AM]
Read the first time February 14, 2006.
TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTIVE DIRECTOR OF STATE ELECTION COMMISSION, SO AS TO AUTHORIZE THE EXECUTIVE DIRECTOR TO SERVE AS THE CHIEF STATE ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND ENFORCING THE STATE'S RESPONSIBILITIES UNDER THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT (UOCAVA); TO AMEND SECTION 7-13-50, RELATING TO SECOND AND OTHER PRIMARIES, SO AS TO PROVIDE THAT A SECOND PRIMARY, WHEN NECESSARY, MUST BE HELD TWO WEEKS AFTER THE FIRST PRIMARY FOR STATE AND LOCAL OFFICES AND FOUR WEEKS AFTER THE FIRST PRIMARY FOR FEDERAL OFFICES; AND TO AMEND ARTICLE 5, CHAPTER 15 OF TITLE 7 BY ADDING SECTION 7-15-405, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO PROVIDE A SPECIAL SECOND PRIMARY ABSENTEE BALLOT FOR INSTANT VOTING IN RUNOFFS FOR FEDERAL OFFICES, STATEWIDE OFFICES, MEMBERS OF THE GENERAL ASSEMBLY, AND MULTI-COUNTY OFFICES AND THE COUNTY AND MUNICIPAL ELECTION COMMISSIONS TO PROVIDE A SPECIAL SECOND PRIMARY ABSENTEE BALLOT FOR INSTANT VOTING IN RUNOFFS FOR LOCAL OFFICES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-3-20 of the 1976 Code is amended to read:
"Section 7-3-20. (A) The State Election Commission shall elect an executive director who shall be directly responsible to the commission and who shall serve at the pleasure of the commission. The executive director shall be the chief administrative officer for the State Election Commission.
(B) The executive director shall receive such compensation and employ such staff, subject to the approval of the State Election Commission, as may be provided by law.
(C) The executive director shall:
(1) maintain a complete master file of all qualified electors by county and by precincts;
(2) delete the name of any elector:
(a) who is deceased,;
(b) who is no longer qualified to vote in the precinct where currently registered,;
(c) who has been convicted of a disqualifying crime,;
(d) who is otherwise no longer qualified to vote as may be provided by law,; or
(e) who requests in writing that his name be removed;
(3) enter names on the master file as they are reported by the county registration boards;
(4) furnish each county registration board with a master list of all registered voters in the county, together with a copy of all registered voters in each precinct of the county, at least ten days prior to each election. The precinct copies shall be used as the official list of voters;
(5) maintain all information furnished his office relating to the inclusion or deletion of names from the master file for four years;
(6) purchase, lease, or contract for the use of such equipment as may be necessary to properly execute the duties of his office, subject to the approval of the State Election Commission;
(7) secure from the United States courts and federal and state agencies available information as to persons convicted of disqualifying crimes;
(8) obtain information from any other source which may assist him in carrying out the purposes of this section;
(9) perform such other duties relating to elections as may be assigned him by the State Election Commission;
(10) furnish at reasonable price any precinct lists to a qualified elector requesting them; and
(11) serve as the chief state election official responsible for implementing and coordinating the state's responsibilities under the National Voter Registration Act of 1993; and
(12) serve as the chief state election official responsible for implementing and enforcing the state's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)."
SECTION 2. Section 7-13-50 of the 1976 Code is amended to read:
"Section 7-13-50. A second primary, when necessary, must be held (1) two weeks after the first primary for a state or local office and (2) four weeks after the first primary for a federal office. and A second primary is subject to the rules governing the first primary. At the second primary the two candidates among those who do not withdraw their candidacies and who received more votes in the first primary than any other remaining candidate alone shall run for any one office and if only one candidate remains, he is considered nominated, except that if there are two or more vacancies for any particular office, the number of candidates must be double the number of vacancies to be filled if so many candidates remain. In all second primaries the candidate receiving the largest number of votes cast for a given office must be declared the nominee for the office whether or not he has received a majority of the votes cast for that office, and when there are several candidates for several different offices, then the several candidates receiving the largest number of votes for the several positions are considered as nominated for the offices whether or not they received a majority of the votes cast. Other primaries, if necessary, must be ordered in a similar manner by the county election commission or the State Election Commission, as appropriate."
SECTION 3. Section 7-13-190 of the 1976 Code is 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 either: (1) the thirteenth Tuesday after the vacancy occurs if the election is to fill a state or local office, or (2) the fifteenth Tuesday after the vacancy occurs if the election is to fill a federal office. 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, 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 4. Article 5, Chapter 15, Title 7 of the 1976 Code is amended by adding:
"Section 7-15-405. (A) For the qualified electors of this State who are eligible to vote as provided by the Uniformed and Overseas Citizens Absentee Voting Act, an absentee ballot with an absentee instant runoff ballot for each potential second primary must be mailed to the elector at least forty-five days prior to the primary election.
(B) The absentee instant runoff ballots for second primaries must be prepared by the authority charged with conducting with the election.
(C) The absentee instant runoff ballot for a second primary shall permit the elector to vote by indicating his order of preference for each candidate for each office by placing a number next to the name of the candidate's name on the ballot. However, the elector shall not be required to indicate his preference for more than one candidate on the ballot if he so chooses.
(D) The special absentee ballot shall be designated as an 'absentee instant runoff ballot' and be clearly distinguishable from the regular absentee ballot.
(E) Instructions explaining the absentee instant runoff voting Search Term End process must be provided with the ballot to the qualified elector."
SECTION 5. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval by the Governor.
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