Bill 373

                    Current Status

Bill Number:               373
Ratification Number:       163
Act Number                 106
Introducing Body:          Senate
Subject:                   Use of candidates' given name,
                           derivative, or nickname

(A106, R163, S373)

AN ACT TO AMEND SECTION 7-13-325, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME OF A CANDIDATE WHICH MAY APPEAR ON AN ELECTION BALLOT, SO AS TO PROVIDE THAT IF A DERIVATIVE NAME OR NICKNAME IS TO BE USED, THE AUTHORITY RESPONSIBLE BY LAW FOR CONDUCTING THE ELECTION MUST BE NOTIFIED IN WRITING; AND TO AMEND SECTION 12-54-240, RELATING TO THE PROHIBITION AGAINST DISCLOSURE BY THE TAX COMMISSION OF INFORMATION, SO AS TO PERMIT DISCLOSURE OF TAXPAYER NAMES, SOCIAL SECURITY NUMBERS, AND ADDRESSES TO THE STATE ELECTION COMMISSION AND THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR JURY LIST PURPOSES.

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

Use of candidates' given name, derivative, or nickname

SECTION 1. Section 7-13-325 of the 1976 Code, as last amended by Act 180 of 1987, is further amended to read:

"Section 7-13-325. The name of a candidate authorized by law to appear on a ballot in a general, special, or primary election in this State for any office may be one of the following or a combination of them:

(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 may not imply professional or social status, an office, or military rank.

A candidate wanting to use a derivative name or a nickname, as permitted by items (2) and (3), respectively, of this section, shall notify the authority responsible by law for conducting the election, in writing, before a deadline for receiving or certifying candidates' names for inclusion on the ballot, the name he wishes to have appear and shall present 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 may promulgate regulations to carry out the provisions of this section, 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."

Disclosure of information by Tax Commission

SECTION 2. Section 12-54-240(B) of the 1976 Code, added by Section 32, Part II of Act 658 of 1988, is amended by adding:

"(7) Submission of taxpayer names, home addresses, and Social Security numbers to the State Election Commission and Department of Highways and Public Transportation to effect the purposes of Section 14-7-130."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.