South Carolina General Assembly
112th Session, 1997-1998

Bill 302


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       302
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19970204
Primary Sponsor:                   Cork 
All Sponsors:                      Cork 
Drafted Document Number:           jud6017.hac
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Write-in votes, candidate
                                   defeated in primary or run-off
                                   ineligible to serve office as result
                                   of; Elections, Ballots



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19970204  Introduced, read first time,             11 SJ
                  referred to Committee

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-55, SO AS TO PROVIDE THAT IN CASES WHERE A PERSON RECEIVES SUFFICIENT WRITE-IN VOTES TO WIN AN ELECTION IN CONTRAVENTION OF THE CODE, THE CANDIDATE RECEIVING THE NEXT HIGHEST NUMBER OF VOTES MUST BE DECLARED THE WINNER; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO REQUIRE A CANDIDATE TO AFFIRM THAT, AS PART OF THE PLEDGE, IF THE CANDIDATE IS DEFEATED IN A PRIMARY OR ENSUING RUN-OFF, THAT CANDIDATE IS NOT ELIGIBLE TO SERVE IN THAT OFFICE AS THE RESULT OF WRITE-IN VOTES; TO AMEND SECTION 7-13-360, RELATING TO THE PLACE ON A BALLOT FOR WRITE-IN NAMES, SO AS TO PROVIDE THAT NO PERSON DEFEATED IN A PRIMARY OR RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES, AND TO FURTHER REQUIRE THAT THE STATE ELECTION COMMISSION PRINT AND DISTRIBUTE NOTICES CONTAINING THIS INFORMATION TO BE DISPLAYED IN EACH POLLING PRECINCT ON ELECTION DAY; TO AMEND SECTION 7-13-1380, RELATING TO WRITE-IN VOTES, SO AS TO PROVIDE THAT NO PERSON DEFEATED IN A PRIMARY OR RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES, AND TO FURTHER REQUIRE THAT THE STATE ELECTION COMMISSION PRINT AND DISTRIBUTE NOTICES CONTAINING THIS INFORMATION TO BE DISPLAYED IN EACH POLLING PRECINCT ON ELECTION DAY; TO AMEND SECTION 7-13-1850, RELATING TO WRITE-IN BALLOTS, SO AS TO PROVIDE THAT NO PERSON DEFEATED IN A PRIMARY OR RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES; TO AMEND SECTION 7-15-200, RELATING TO THE FURNISHING OF ELECTION MATERIALS TO PERSONS REQUESTING ABSENTEE BALLOTS, SO AS TO PROVIDE THAT THE INSTRUCTIONS MUST INCLUDE A STATEMENT THAT NO PERSON DEFEATED IN A PRIMARY OR ENSUING RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES; AND TO AMEND SECTION 7-15-400, RELATING TO SPECIAL WRITE-IN ABSENTEE BALLOTS, SO AS TO PROVIDE THAT THESE BALLOTS BE ACCOMPANIED BY INSTRUCTIONS WHICH STATE THAT NO PERSON DEFEATED IN A PRIMARY OR RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 7-13-55. No person who is defeated in a primary or ensuing run-off election is eligible to serve in that office as a result of write-in votes. In the event a person receives sufficient write-in votes to win the election in contravention of this section, the candidate receiving the next highest number of votes must be declared the winner."

SECTION 2. The first paragraph of Section 7-11-210 of the 1976 Code is amended to read:

"Every candidate for selection as a nominee of any political party for any state office, United States Senator, member of Congress, or solicitor, to be voted for in any party primary election, shall file with and place in the possession of the treasurer of the state committee by twelve o'clock noon on March thirtieth a notice or pledge in the following form, the blanks being properly filled in and the notice or pledge signed by the candidate: `I hereby file my notice as a candidate for the nomination as ----- in the primary election to be held on -----. I affiliate with the ----- Party, and I hereby pledge myself to abide by the results of the primary and I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for the office has become deceased or otherwise disqualified for election in the ensuing general election, and I hereby affirm that if I am defeated in the primary election or the ensuing run-off, if any, that I am not eligible to serve in the office for which I am a candidate should I receive sufficient write-in votes to win the election'."

SECTION 3. Section 7-13-360 of the 1976 Code of Laws is amended to read:

"Section 7-13-360. (A) The ballots shall must 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.

(B) No person defeated as a candidate in a primary or ensuing run-off is eligible to serve in that office as a result of write-in votes.

(C) The commission must print and distribute notices containing the information in subsection (B) to be displayed in each polling precinct on the day of the election."

SECTION 4. Section 7-13-1380 of the 1976 Code of Laws is amended to read:

"Section 7-13-1380. (A) Electors shall be permitted to cast write-in votes except as provided in this subsection. The design of the ballot card shall permit the managers in counting the write-in votes to determine readily whether an elector has cast any write-in vote not authorized by law. The State Election Commission in specifying the form of the ballot shall must provide for ballot secrecy in connection with write-in votes.

(B) No person defeated as a candidate in a primary or ensuing run-off is eligible to serve in that office as a result of write-in votes.

(C) The commission must print and distribute notices containing the information in subsection (B) to be displayed in each polling precinct on the day of the election."

SECTION 5. Section 7-13-1850 of the 1976 Code of Laws is amended to read:

"Section 7-13-1850. Ballots voted for any person whose name does not appear on the machine as a nominated candidate for office are herein referred to as `write-in ballots'. All write-in ballots voted shall must be deposited, written, or affixed in a single receptacle or device, and the elector may vote in or by such the receptacle or device for one or more persons whose names do not appear upon the machine with or without the names of one or more persons whose names do so appear. A write-in ballot must be cast in its appropriate place on the machine or it shall be void and not counted. However, a person who is defeated in a primary or ensuing runoff is not eligible to serve in that office as a result of write-in votes."

SECTION 6. Section 7-15-200(3) of the 1976 Code is amended to read:

"(3) Printed instructions as to the marking, folding and return of each ballot and as to the signing and return of the oath, to include a statement that no person defeated in a primary or ensuing run-off is eligible to serve in that office as a result of write-in votes;"

SECTION 7. Section 7-15-400 of the 1976 Code of Laws is amended to read:

"Section 7-15-400. (A) A qualified absentee elector as provided in subsection (C) of this section may apply not earlier than ninety days before an election for a special write-in absentee ballot. This ballot must be used for each general and special election and primaries for federal offices, statewide offices, and members of the General Assembly.

(B) The application for a special write-in absentee ballot may be made on the federal postcard application form or on a form prescribed by the State Election Commission.

(C) In order to qualify for a special write-in absentee ballot, the voter must state that he is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated areas or extremely remote areas of the world. This statement may be made on the federal postcard application or on a form prepared by the State Election Commission and supplied and returned with the special write-in absentee ballot.

(D) Upon receipt of this application, the County Board of Registration shall issue the special write-in absentee ballot which must be prescribed and provided by the State Election Commission. The ballot shall list the offices for election in the general election. It may list the candidates for office if known at the time of election. This ballot shall permit the elector to vote by writing in a party preference for each office, the names of specific candidates for each office, or the name of the person whom the voter prefers for each office. However, for general and special elections, the special write-in ballot must be accompanied by instructions which state that a person defeated in a primary or run-off election shall not be considered as a write-in candidate, and is not eligible to serve in the office for which the person was a candidate."

SECTION 8. This act takes effect upon approval by the Governor.

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