Current Status Bill Number:
272Ratification Number: 240Act Number: 243Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19950110Primary Sponsor: AlexanderAll Sponsors: Alexander, Leventis, O'Dell, Giese, Hayes, RoseDrafted Document Number: RES9453.TCADate Bill Passed both Bodies: 19960206Date of Last Amendment: 19960201Governor's Action: SDate of Governor's Action: 19960304Subject: Special elections
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960318 Act No. A243 ------ 19960304 Signed by Governor ------ 19960227 Ratified R240 House 19960206 Concurred in Senate amendment, enrolled for ratification Senate 19960201 House amendments amended, returned to House with amendment Senate 19960131 Reconsidered vote whereby concurred in House amendments and enrolled for ratification Senate 19960131 Recalled from Legislative Council Senate 19960130 Concurred in House amendment, enrolled for ratification House 19960126 Read third time, returned to Senate with amendment House 19960125 Unanimous consent for third reading on the next Legislative day House 19960125 Amended, read second time House 19960124 Committee report: Favorable with 25 HJ amendment House 19950314 Introduced, read first time, 25 HJ referred to Committee Senate 19950314 Read third time, sent to House Senate 19950309 Amended, read second time Senate 19950308 Committee report: Favorable with 11 SJ amendment Senate 19950110 Introduced, read first time, 11 SJ referred to Committee Senate 19941114 Prefiled, referred to Committee 11 SJView additional legislative information at the LPITS web site.
(A243, R240, S272)
AN ACT TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE FOR THE TIME A CANDIDATE MUST FILE IF SEEKING NOMINATION BY PETITION, AND PROVIDE THAT A SPECIAL ELECTION MUST BE HELD ON THE SAME DAY AS THE GENERAL ELECTION IF THE EIGHTEENTH TUESDAY AFTER THE VACANCY OCCURS IS NO MORE THAN SIXTY DAYS PRIOR TO THE GENERAL ELECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-13-190 of the 1976 Code is amended to read:
"Section 7-13-190. (A) Except as otherwise provided in this code as to specific offices, whenever a vacancy occurs in office by reason of death, resignation, or removal and the vacancy in office is one which is filled by a special election to complete the term of office, this section applies.
(B) In partisan elections, whether seeking nomination by political party primary or political party convention, filing by these candidates shall open for the office at noon on the third Friday after the vacancy occurs for a period to close ten days later at noon. If seeking nomination by petition, filing by these candidates shall open for the office at noon on the eleventh Tuesday after the vacancy occurs for a period to close seven days later at noon. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15 and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-70.
A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the eighteenth Tuesday after the vacancy occurs. If the eighteenth Tuesday after the vacancy occurs is no more than sixty days prior to the general election, the special election shall be held on the same day as the general election. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day.
(C) If the office is not one for which there are partisan elections, then the filing must be opened at noon on the third Friday after the vacancy occurs for a period to close ten days later at noon. The filing must be made to the same entity to which the nonpartisan officeholders would normally file for office in a general election year. The election must be set for the thirteenth Tuesday after the vacancy occurs. Both the filing date and the election date are subject to the provisions in subsection (B) of this section regarding holidays.
(D) Provided, however, if a vacancy occurs in more than one office in the same county requiring separate special elections to be held within a period of twenty-eight days under the provisions of this section, the election commission or other authority responsible for the conduct of the elections shall conduct all of the elections on the same date. The special elections must be held on the latest date required for an election during the twenty-eight-day period."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 4th day of March, 1996.