South Carolina General Assembly
112th Session, 1997-1998

Bill 4943

Indicates Matter Stricken
Indicates New Matter 

                    Current Status

Bill Number:                    4943
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19980402
Primary Sponsor:                Whatley
All Sponsors:                   Whatley, Phillips, Fleming,
                                McCraw, Limehouse, Whipper, Felder,
                                Cotty, Beck, Leach, Klauber, Seithel,
                                Lanford, Bailey, Vaughn,
                                Young-Brickell, Keegan, Kelley,
                                Woodrum, Stille, Davenport, Young,
                                Haskins, Rodgers, Edge, Law, Riser,
                                Knotts 
Drafted Document Number:        bbm\9811dw.98
Residing Body:                  Senate
Current Committee:              Judiciary Committee 11 SJ
Date of Last Amendment:         19980506
Subject:                        Election protests, losing
                                candidate to pay for hearing costs when
                                initiated by and determined without
                                merit
History

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

Senate  19980512  Introduced, read first time,             11 SJ
                  referred to Committee
House   19980507  Read third time, sent to Senate
House   19980506  Amended, read second time
House   19980505  Request for debate by Representative             Neal
                                                                   Scott
                                                                   Lloyd
                                                                   Canty
                                                                   Gourdine
                                                                   Hinson
House   19980505  Co-Sponsor added (Rule 5.2) by Rep.              Knotts
House   19980429  Committee report: Favorable with         25 HJ
                  amendment
House   19980402  Introduced, read first time,             25 HJ
                  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.)

AMENDED

May 6, 1998

H. 4943

Introduced by Reps. Whatley, Phillips, Fleming, McCraw, Limehouse, Whipper, Felder, Cotty, Beck, Leach, Klauber, Seithel, Lanford, Bailey, Vaughn, Young-Brickell, Keegan, Kelley, Woodrum, Stille, Davenport, Young, Haskins, Rodgers, Edge, Law, Riser and Knotts

S. Printed 5/6/98--H.

Read the first time April 2, 1998.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-17-75 SO AS TO REQUIRE THAT WHEN A LOSING CANDIDATE PROTESTS AN ELECTION ON ANY GROUNDS, OTHER THAN ON THE DISPARITY OF THE NUMBER OF BALLOTS CAST, THAT CANDIDATE MUST PAY ALL COSTS ASSOCIATED WITH THE PROTEST TO THE WINNING CANDIDATE IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT.

Amend Title To Conform

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

SECTION 1. The 1976 Code is amended by adding:

"Section 7-17-75. When a person protests an election in which he was a losing candidate on any grounds, other than on the disparity of the number of the ballots cast, that candidate must pay all costs incurred by the winning candidate associated with the protest process to the winning candidate if the board hearing the protest determines that the protest is frivolous and without merit."

SECTION 2. This act takes effect upon approval by the Governor.

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