Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 30, 2007
S. 99
S. Printed 5/30/07--H.
Read the first time April 24, 2007.
TO AMEND SECTIONS 7-11-20 AND 7-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PREFERENCE PRIMARIES, THAT THE STATE COMMITTEE OF THE PARTY SET THE DATE AND THE FILING REQUIREMENTS FOR THE PRESIDENTIAL PREFERENCE PRIMARIES, TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING PRIMARIES, AND TO ESTABLISH THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND TO ALLOW TAXPAYERS TO CONTRIBUTE TO THE COST OF CONDUCTING THE PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS; TO AMEND SECTION 7-11-25, RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES, SO AS TO DELETE THE REFERENCES TO PRESIDENTIAL PREFERENCE PRIMARIES; AND TO AMEND SECTION 12-6-5060, RELATING TO VOLUNTARY CONTRIBUTIONS TO CERTAIN FUNDS THAT MAY BE DESIGNATED ON TAX RETURNS, SO AS TO PROVIDE THAT CONTRIBUTIONS MAY BE MADE TO THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-11-20 of the 1976 Code is amended to read:
"Section 7-11-20. (A) Except as provided in subsection (B), Party party conventions or party primary elections held by political parties certified as such by the State Election Commission under pursuant to the provisions of this Title title to nominate candidates for any of the offices to be filled in a general or special election shall must be conducted in accordance with the provisions of this Title title and in accordance with party rules not in conflict with the provisions of this Title title or of the Constitution and laws of this State or of the United States.
(B)(1) AExcept as provided in item (2), a certified political party wishing to hold a presidential preference primary election may do so in accordance with the provisions of this title and party rules. However, notwithstanding any other provision of this title, the state committee of the party shall set the date and the hours that the polls will be open for the presidential primary election and the filing requirements. If a party holds a presidential preference primary election on a Saturday, an absentee ballot must be provided to a person who signs an affirmation stating that for religious reasons he does not wish to take part in the electoral process on a Saturday.
(2) For the 2008 election cycle, if the state committee of a certified political party which received at least five percent of the popular vote in South Carolina for the party's candidate for President of the United States in the last presidential election decides to hold a presidential preference primary election, the State Election Commission must conduct the presidential preference primary in accordance with the provisions of this title and party rules provided that a registered elector may cast a ballot in only one presidential preference primary. However, notwithstanding any other provision of this title; (a) the State Election Commission and the authorities responsible for conducting the elections in each county shall provide for cost-effective measures in conducting the presidential preference primaries including, but not limited to, combining polling places, while ensuring that voters have adequate notice and access to the polling places; and (b) the state committee of the party shall set the date and the filing requirements, including a certification fee. Political parties must verify the qualifications of candidates prior to certifying to the State Election Commission the names of candidates to be placed on primary ballots. The written certification required by this section must contain a statement that each certified candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications in the United States Constitution, statutory law, and party rules to participate in the presidential preference primary for which he has filed. Political parties must not certify any candidate who does not or will not by the time of the general election meet the qualifications in the United States Constitution, statutory law, and party rules for the presidential preference primary for which candidate desires to file, and such candidate's name must not be placed on a primary ballot. Political parties may charge a certification fee to persons seeking to be candidates in the presidential preference primary for the political party. A filing fee not to exceed twenty thousand dollars, as determined by the State Election Commission, for each candidate certified by a political party must be transmitted by the respective political party to the State Election Commission and must be used for conducting the presidential preference primaries.
(3) The political party shall give written notice to the State Election Commission of the date set for the party's presidential preference primary no later than ninety days before the date of the primary.
(4) Nothing in this section prevents a political party from conducting a presidential preference primary for the 2008 election cycle pursuant to the provisions of Section 7-11-25."
SECTION 2. Section 7-13-15 of the 1976 Code is amended to read:
"Section 7-13-15. (A) Except for municipal primaries, all primaries for national offices, excluding the Office of President and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year. Except as provided in subsection (B) or unless otherwise specifically provided for by statute or ordinance, the following primaries must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year:
(1) primaries for national offices, excluding the presidential preference primaries for the Office of President of the United States, which are provided for in Section 7-11-20(B); and
(2) primaries for:
(a) state offices;
(b) offices including more than one county;
(c) countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees;
(d) special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices; and
(e) municipal offices.
(B) This section does not apply to presidential preference primary elections for the Office of President of the United States, which are provided for in Section 7-11-20(B)."
SECTION 3. Section 7-11-25 of the 1976 Code is amended to read:
"Section 7-11-25. Nothing Except for the provisions of Section 7-11-20 related to presidential preference primaries, nothing in this act chapter nor any other provision of law may be construed as either requiring or prohibiting the political parties a political party in this State from conducting, advisory primaries according to their the party's own rules and at the party's expense, presidential preference or advisory primaries."
SECTION 4. Chapter 9, Title 7 of the 1976 Code is amended by adding:
"Section 7-9-110. A political party or the State Election Commission may conduct a primary or election, without charge, in any facility that receives state funds for support or operation. The use of the facility, pursuant to the provisions of this section, is subject to the availability of the facility as determined by the facility's governing entity."
SECTION 5. Section 5-15-100 of the 1976 Code is amended by adding a new paragraph to read:
"Municipal Election Commissioners must be certified as required for the authority charged by law with conducting elections in each county."
SECTION 6. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 3:12 P.M.