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Bill Number: 553 Ratification Number: 253 Act Number 180 Introducing Body: Senate Subject: Ballots for general and special elections
(A180, R253, S553)
AN ACT TO AMEND ARTICLE 3 of CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS FOR GENERAL AND SPECIAL ELECTIONS, BY ADDING SECTION 7-13-325 SO AS TO PROVIDE THAT THE NAME OF ANY CANDIDATE AUTHORIZED TO APPEAR ON ANY BALLOT IN ANY GENERAL, SPECIAL, OR PRIMARY ELECTION FOR ANY OFFICE MAY BE THE CANDIDATE'S GIVEN NAME, A DERIVATIVE OF HIS GIVEN NAME, OR A NICKNAME, TO PROVIDE FOR A PROCEDURE FOR THE USE OF A DERIVATIVE NAME OR A NICKNAME ON THE BALLOT, AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Printing of candidate's name on ballot
SECTION 1. Article 3 of Chapter 13 of Title 7 of the 1976 Code is amended by adding:
"Section 7-13-325. The name of any candidate authorized by law to appear on any ballot in any general, special, or primary election in this State for any office may be any of the following or any combination thereof: (1) the candidate's given name, (2) a derivative of the candidate's given name properly acquired under the common law and used in good faith for honest purposes, or (3) a nickname which bears no relation to the candidate's given name but which is used in good faith for honest purposes and does not exceed fifteen letters on the ballot. The derivative name or nickname shall not, however, imply professional or social status, an office, or military rank.
Any candidate wanting to use a derivative name or a nickname, as permitted by items (2) and (3), respectively, of this section, shall indicate to the State Election Commission, prior to any deadline for receiving or certifying candidates' names for inclusion on the ballot, the name he wishes to have appear and shall present any evidence required by the authority conducting the election that the name indicated is his derivative name or nickname. In deciding whether the name indicated is the candidate's derivative name or nickname, the authority conducting the election shall consider appropriate criteria, including, but not limited to, the following: (a) whether the name is the designation by which the candidate is usually and commonly known in the community in which he resides or called by other persons, (b) whether the name is the designation by which the candidate calls himself or which he has adopted, or (c) whether the name is the designation under which the candidate transacts private and official business.
The State Election Commission is authorized to promulgate regulations to carry out the provisions of this act, including, but not limited to, forms to be completed by the candidate and the deadline by which a candidate shall indicate the name he wishes to have appear on the ballot."
SECTION 2. This act takes effect upon approval by the Governor.