South Carolina General Assembly
104th Session, 1981-1982

Bill 2228

                    Current Status

Bill Number:               2228
Ratification Number:       521
Act Number                 419
Introducing Body:          House
Subject:                   Relating to the election of presidential
                           electors
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A419, R521, H2228)

AN ACT TO AMEND SECTION 7-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF PRESIDENTIAL ELECTORS, SO AS TO PROVIDE THAT THE NAMES OF THE CANDIDATES OF A RECOGNIZED POLITICAL PARTY FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES SHALL BE PLACED ON THE BALLOT AND A VOTE FOR THEM SHALL BE A VOTE FOR EACH ELECTOR NOMINATED BY THE POLITICAL PARTY; AND TO AMEND SECTION 7-13-320, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO PROVIDE FOR PLACING THE NAMES OF PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATES ON THE "OFFICIAL BALLOT FOR PRESIDENTIAL ELECTOR"; AND TO AMEND SECTION 7-13-1640, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO PROVIDE THAT SUCH MACHINE BE PROVIDED A DEVICE FOR EACH PARTY AND FOR EACH NOMINATION BY PETITION TO VOTE FOR PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATES IN ONE OPERATION AND FOR LISTING CANDIDATES BY NAME AND BY PARTY OR INDICATING THE CANDIDATE IS INDEPENDENT IF NOMINATED BY PETITION; AND TO AMEND SECTION 7-13-360, RELATING TO PLACE ON BALLOT FOR WRITE-IN NAMES, SO AS TO PROVIDE AN EXCEPTION FOR ELECTION OF PRESIDENT AND VICE PRESIDENT; AND TO AMEND SECTION 7-11-10, RELATING TO METHODS OF NOMINATING CANDIDATES, SO AS TO PROVIDE THAT NO PERSON DEFEATED AS A CANDIDATE FOR NOMINATION TO AN OFFICE IN A PRIMARY OR CONVENTION SHALL HAVE HIS NAME PLACED ON THE BALLOT FOR THE ENSUING GENERAL OR SPECIAL ELECTION AND TO PROVIDE AN EXCEPTION.

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

Election of presidential electors

Section 1. Section 7-19-70 of the 1976 Code is amended by striking the first paragraph and inserting:

"Unless otherwise provided, the election of presidential electors shall be conducted and the returns made in the manner prescribed by this chapter for the election of state officers.

The names of candidates for electors of President and Vice President nominated by any political party recognized in this State under Section 7-9-10 or by a valid petition shall be filed with the Secretary of State but shall not be printed on the ballot. In place of their names, in accordance with the provisions of Section 7-13-320, there shall be printed on the ballot the names of the candidates for President and Vice President of each political party recognized in this State and the names of any petition candidates for President and Vice President. A vote for the candidates named on the ballot shall be a vote for the electors of the party by which those candidates were nominated or the electors of petition candidates whose names have been filed with the Secretary of State.

Upon receipt of the certified determination of the Board of State Canvassers and delivered to him in accordance with Section 7-17-300, the Secretary of State, under his hand and the seal of his office, as required by Section 7-17-310, shall certify to the Governor the names of the persons elected to the office of elector for President and Vice President of the United States as stated in the certified determination, who shall be deemed appointed as electors."

The section when amended shall read:

"Section 7-19-70. Unless otherwise provided, the election of presidential electors shall be conducted and the returns made in the manner prescibed by this chapter for the election of state officers.

The names of candidates for electors of President and Vice President nominated by any political party recognized in this State under Section 7-9-10 or by a valid petition shall be filed with the Secretary of State but shall not be printed on the ballot. In place of their names in accordance with the provisions of Section 7-13-320, there shall be printed on the ballot the names of the candidates for President and Vice President of each political party recognized in this State and the names of any petition candidates for President and Vice President. A vote for the candidates named on the ballot shall be a vote for the electors of the party by which those candidates were nominated or the electors of petition candidates whose names have been filed with the Secretary of State.

Upon receipt of the certified determination of the Board of State Canvassers and delivered to him in accordance with Section 7-17-300, the Secretary of State, under his hand and the seal of his office, as required by Section 7-17-310, shall certify to the Governor the names of the persons elected to the office of elector for President and Vice President of the United States as stated in the certified determination, who shall be deemed appointed as electors.

It shall be the duty of the Governor, as soon as practicable after the conclusion of the appointment of the electors pursuant to the laws of the State providing for the election and appointment of the electors, to communicate by registered mail under the seal of the State to the Administrator of General Services a certificate of appointment of the electors, setting forth the names of the electors and the canvass or other ascertainment under the laws of this State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast. It shall also thereupon be the duty of the Governor to deliver to the electors of the State, on or before the day on which they are required by law to meet, six duplicate originals of the same certificate under the seal of the State. If there shall have been any final determination in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors, it shall be the duty of the Governor, as soon as practicable after the determination, to communicate under the seal of the State to the Administrator of General Services a certificate of such determination."

Ballots

Section 2. Section 7-13-320 of the 1976 Code is amended by striking items (C) and (D) and inserting:

"(C) On the ballot for presidential electors there shall be printed, under the titles of the offices, the names of the candidates for President and Vice President of the United States nominated by each political party qualified under the provisions of Section 7-9-10 and those nominated by petition. A separate column shall be assigned to each political party with candidates and to each separate petition slate of candidates on the ballot and each party and each petition candidate's columns shall be separated by distinct black lines. At the head of each column the party or petition name shall be printed in large type and below it a circle, one-half inch in diameter, and below the circle the names of the party's and petition candidates for President and Vice President in that order. On the face of the ballot above the party and petition candidate's column division the following instruction shall be printed in heavy black type:

'a. To vote this ballot make a cross (X) mark in the circle below the name of the political party for whose candidates you wish to vote.

b. A vote for the names of a political party's candidates for President and Vice President is a vote for the electors of that party, the names of whom are on file with the Secretary of State.'

On the bottom of the ballot shall be printed an identified facsimile of the signature of the Executive Director of the State Election Commission.

The official ballot for presidential electors shall not be combined with any other official ballots.

(D) The names of candidates offering for any other office shall be placed in the proper place on the appropriate ballot, stating whether it is a state, congressional, legislative, county or other office.

(E) The names of the several officers to be voted for and the tickets of the parties and petition candidates shall be placed on the ballots in an order as arranged by the State Election Commission as to those ballots for which it is responsible for distribution and by the commissioners of election for the respective counties as to the ballots for which they are responsible for distribution, including those for State Senator and member of the House of Representatives. If the State Senator or member of the House of Representatives or any other officer is to be elected from more than one county, the commissioners of election from the various counties from which they are to be elected shall assure that there shall be uniformity of placement on the ballots of their respective counties and should the commissioners fail to agree within sixty days prior to the general election, and upon receipt of written certification by at least one commissioner, that they have failed to act, the State Election Commission shall determine the order of placing the names on the ballots."

Voting machines

Section 3. The last paragraph of Section 7-13-1640 of the 1976 Code is amended to read:

"Any such kind or type of machine shall be provided with a device for each party and for each nomination by petition for voting for presidential and vice presidential candidates in one operation and listing the candidates by name and by party or indicating the candidate is nominated by petition."

Ballots

Section 4. Section 7-13-360 of the 1976 Code is amended to read:

"Section 7-13-360. The ballots shall also contain a place for voters to write in the name of any other person for whom they wish to vote except on ballots for the election of the President and Vice President."

Nominations for candidates

Section 5. Section 7-11-10 of the 1976 Code is amended by striking the period and inserting a semicolon at the end and adding: "provided, no person who was defeated as a candidate for nomination to an office in a party primary or party convention shall have his name placed on the ballot for the ensuing general or special election, except that this proviso shall not prevent a defeated candidate from later becoming his party's nominee for that office in that election if the candidate first selected as the party's nominee dies, resigns, is disqualified, or otherwise ceases to become the party's nominee for such office before the election is held." When amended the section shall read:

"Section 7-11-10. Nominations for candidates for the offices to be voted on in a general or special election may be by political party primary, by political party convention or by petition; provided, no person who was defeated as a candidate for nomination to an office in a party primary or party convention shall have his name placed on the ballot for the ensuing general or special election, except that this proviso shall not prevent a defeated candidate from later becoming his party's nominee for that office in that election if the candidate first selected as the party's nominee dies, resigns, is disqualified, or otherwise ceases to become the party's nominee for such office before the election is held."

Time effective

Section 6. This act shall take effect upon the approval by the Governor.