Current Status Introducing Body:
HouseBill Number: 4129Ratification Number: 312Act Number: 289Primary Sponsor: McElveenType of Legislation: GBSubject: Municipal election to county election commissionDate Bill Passed both Bodies: Mar 11, 1992Computer Document Number: 436/11997.DWGovernor's Action: SDate of Governor's Action: Mar 12, 1992Introduced Date: Jan 14, 1992Date of Last Amendment: Mar 11, 1992Last History Body: ------Last History Date: Mar 12, 1992Last History Type: Act No. 289Scope of Legislation: StatewideAll Sponsors: McElveenType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 4129 ------ Mar 12, 1992 Act No. 289 4129 ------ Mar 12, 1992 Signed by Governor 4129 ------ Mar 12, 1992 Ratified R 312 4129 House Mar 11, 1992 Concurred in Senate amendment, enrolled for ratification 4129 Senate Mar 11, 1992 Amended, read third time, returned with amendment 4129 Senate Mar 11, 1992 Reconsidered vote whereby given third reading 4129 Senate Mar 11, 1992 Read third time, returned to House with amendment 4129 Senate Mar 10, 1992 Amended, read second time, unanimous consent for third reading on Wednesday, March 11, 1992 4129 Senate Mar 10, 1992 Recalled from Committee 11 4129 Senate Mar 03, 1992 Introduced, read first time, 11 referred to Committee 4129 House Feb 27, 1992 Read third time, sent to Senate 4129 House Feb 27, 1992 Amended 4129 House Feb 26, 1992 Amended, read second time 4129 House Feb 19, 1992 Committee Report: Favorable 25 with amendment 4129 House Jan 14, 1992 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-145 SO AS TO AUTHORIZE MUNICIPALITIES TO TRANSFER AUTHORITY FOR CONDUCTING MUNICIPAL ELECTIONS TO THE COUNTY ELECTIONS COMMISSION AND AUTHORIZE COUNTY ELECTIONS COMMISSIONS TO CONDUCT MUNICIPAL ELECTIONS, AND AS A CONDITION OF THE TRANSFER OF THIS AUTHORITY THE GOVERNING BODIES OF THE MUNICIPALITY AND THE COUNTY MUST AGREE TO THE TERMS OF THE TRANSFER AND ENACT ORDINANCES EMBODYING THE TERMS OF THAT AGREEMENT; TO PROVIDE FOR 1992 ONLY THE DATES FOR FILING OF ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, POLITICAL PARTY CONVENTION, OR PETITION IS BETWEEN NOON JUNE FIRST AND NOON JUNE TWENTY-FIFTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-11-210 FOR 1992 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE IS BY NOON JUNE TWENTY-FIFTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-40 FOR 1992 ONLY THE DATE FOR PRIMARY ELECTIONS IS THE FOURTH TUESDAY IN AUGUST; TO CHANGE FOR 1992 ONLY THE DATES FOR FILING FOR OFFICE, FILING THE NOTICE OF CANDIDACY, AND THE DATE FOR PRIMARY ELECTIONS FOR CANDIDATES FOR SCHOOL BOARD WHOSE PRIMARY ELECTIONS COINCIDE WITH THE GENERAL PRIMARY ELECTION ESTABLISHED BY SECTION 7-13-40; FOR 1992 ONLY TO PROVIDE THAT IF RUN-OFF PRIMARY ELECTIONS ARE NECESSARY THEY MUST BE HELD ON SEPTEMBER 8, 1992, NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-350 THE RESULTS OF ALL ELECTIONS MUST BE CERTIFIED TO THE APPROPRIATE ELECTION COMMISSIONERS BY 12:00 NOON ON SEPTEMBER 18, 1992.
Be it enacted by the General Assembly of the State of South Carolina:
Municipalities may transfer authority
SECTION 1. The 1976 Code is amended by adding:
"Section 5-15-145. (A) Municipalities are authorized to transfer authority for conducting municipal elections to the county elections commission. County elections commissions are authorized to conduct municipal elections.
(B) As a condition of the transfer of authority to conduct elections pursuant to this section, the governing bodies of the municipality and the county must agree to the terms of the transfer and enact ordinances embodying the terms of that agreement. The municipal ordinance must state what authority is being transferred and the county ordinance must accept the authority being transferred."
1990 Census adopted
SECTION 2. Section 1-1-730 of the 1976 Code is amended to read:
"Section 1-1-730. The United States Census of 1990 is adopted as the true and correct enumeration of the inhabitants of this State, and of the several counties, municipalities, and other political subdivisions of this State."
Filing dates changed for 1992
SECTION 3. Notwithstanding the provisions of Section 7-11-15 of the 1976 Code, for 1992 only, the dates for filing for all candidates seeking nomination by a political party primary, political party convention, or petition is between noon June first and noon June twenty-fifth.
Date for filing notice of candidacy changed for 1992
SECTION 4. Notwithstanding the provisions of Section 7-11-210 of the 1976 Code, for 1992 only, the date for filing the notice of candidacy and pledge is by noon on June twenty-fifth.
Primary election date changed for 1992
SECTION 5. Notwithstanding the provisions of Section 7-13-40, Code of Laws of South Carolina, 1976, for 1992 only, the date for primary elections is the fourth Tuesday in August.
School board elections changed for 1992
SECTION 6. Notwithstanding any other provision of law, for candidates for school board whose primary elections coincide with the general primary election established by Section 7-13-40 of the 1976 Code:
(1) for 1992 only, the dates for filing for all candidates seeking nomination by a political party primary, political party convention, or petition is between noon June first and noon June twenty-fifth;
(2) for 1992 only, the date for filing the notice of candidacy and pledge is by noon on June twenty-fifth; and
(3) for 1992 only, the date for primary elections is the fourth Tuesday in August.
Run-off election dates changed for 1992
SECTION 7. For elections held in 1992 only, if run-off primary elections are necessary they must be held on September 8, 1992. Notwithstanding the provisions of Section 7-13-350, Code of Laws of South Carolina, 1976, the results of all elections must be certified to the appropriate state or county election commissioners by 12:00 noon on September 18, 1992.
SECTION 8. This act takes effect upon approval by the Governor.
In the Senate House March 12, 1992.
Nick A. Theodore,
President of the Senate
Robert J. Sheheen,
Speaker of the House of
Approved the 12th day of March, 1992.
Carroll A. Campbell, Jr.,
Printer's Date -- March 26, 1992 -- S.