A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 7-11-50, RELATING TO THE SUBSTITUTION OF CANDIDATES WHEN A NOMINEE SELECTED BY METHOD OTHER THAN PARTY PRIMARY DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR A LEGITIMATE NONPOLITICAL REASON, SO AS TO AMEND THE DEFINITION OF "LEGITIMATE NONPOLITICAL REASON"; BY AMENDING SECTION 7-11-55, RELATING TO SUBSTITUTION OF CANDIDATES WHEN A NOMINEE SELECTED BY PARTY PRIMARY DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR A LEGITIMATE NONPOLITICAL REASON, SO AS TO PROVIDE A PROCESS FOR REPLACING NOMINEES FOR CONGRESSIONAL OFFICES IN CERTAIN CIRCUMSTANCES; AND BY AMENDING SECTION 7-13-190, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE AN ABBREVIATED SPECIAL ELECTION CALENDAR FOR FILLING A VACANCY IN THE OFFICE OF THE HOUSE OF REPRESENTATIVES OF THE CONGRESS OF THE UNITED STATES IN CERTAIN CIRCUMSTANCES.

 

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

 

SECTION 1.  Section 7-11-50 of the S.C. Code is amended to read:

 

    Section 7-11-50. (A) If a party nominee who was nominated by a method other than party primary election dies, becomes disqualified after his nomination, or resigns his candidacy for a legitimate nonpolitical reason as defined in this section and sufficient time does not remain to hold a convention to fill the vacancy or to nominate a nominee to enter a special election, the respective state or county party executive committee may nominate a nominee for the office, who must be duly certified by the respective county or state chairman.

    (B) "Legitimate nonpolitical reason" as used in this section is limited to:

        (a)(1) reasons of health, which include any health condition which, in the written opinion of a medical doctor, would be harmful to the health of the candidate if he continued;

        (b)(2) family crises, which include circumstances which would substantially alter the duties and responsibilities of the candidate to the family or to a family business;

        (c)(3) substantial business conflict, which includes the policy of an employer prohibiting employees being candidates for public offices and an employment change which would result in the ineligibility of the candidate or which would impair his capability to carry out properly the functions of the office being sought.;

       (4) an incumbent member of the United States House of Representatives nominated for reelection following a partisan primary who then seeks the party nomination to the United States Senate pursuant to Section 7-11-55.

    (C)(1) A candidate who withdraws based upon a legitimate nonpolitical reason which is not covered by the inclusions in (a), (b) or (c) has the strict burden of proof for his reason. A candidate who wishes to withdraw for a legitimate nonpolitical reason shall submit his reason by sworn affidavit.

        (2) This affidavit must be filed with the state party chairman of the nominee's party and also with the board of voter registration and elections of the county if the office concerned is countywide or less and with the State Election Commission if the office is statewide, multi-county, or for a member of the General Assembly. A substitution of candidates is not 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. 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.  Section 7-11-55 of the S.C. Code is amended to read:

 

    Section 7-11-55. (A) If a party nominee dies, becomes disqualified after his nomination, or resigns his candidacy for a legitimate nonpolitical reason as defined in Section 7-11-50 and was selected through a party primary election, the vacancy must be filled in a special primary election to be conducted as provided in this section. The filing period for this special primary election opens the second Tuesday after the death, disqualification, or approval of the resignation for one week. The special primary election then must be conducted on the second Tuesday immediately following the close of the filing period. A runoff, if necessary, must be held two weeks after the first primary. The nomination must be certified not less than two weeks before the date of the general election. 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.

    (B) 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).

    (C) The procedures for resigning a candidacy under this section for legitimate nonpolitical reasons are the same as provided in Section 7-11-50.

    (D) Where the party nominee was unopposed, each political party registered with the State Election Commission has the privilege of nominating a candidate for the office involved through a special primary election in the same manner and under the same procedures stipulated by this section.

    (E) In the event an incumbent United States Senator is no longer eligible for reelection pursuant to this section after receiving the party's nomination for reelection, the following applies:

 

SECTION 3.  Section 7-13-190 of the S.C. Code is amended by adding:

 

    (G) In the event an incumbent United States Senator is no longer eligible for reelection after receiving the party's nomination for reelection pursuant to this section, Section 7-11-50(B)(4), or Section 7-11-55(E), the following applies:

 

SECTION 4.  This act takes effect upon approval by the Governor.

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