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Current Status Bill Number:View additional legislative information at the LPITS web site.3923 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990414 Primary Sponsor:Gilham All Sponsors:Gilham, Sharpe, Allison, Altman, H. Brown, Campsen, Davenport, Easterday, Harrell, Haskins, Leach, Limehouse, Loftis, Lucas, Martin, Rice, Rodgers, Taylor, Townsend, Tripp, Vaughn and Walker Drafted Document Number:l:\council\bills\bbm\9184som99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Political parties, primaries; candidate nominee withdrawing, granting of substitute; Elections History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990414 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 7-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR A LEGITIMATE NONPOLITICAL REASON, SO AS TO REQUIRE THE CANDIDATE WHO WITHDRAWS FOR A LEGITIMATE NONPOLITICAL REASON TO PRESENT CERTIFIABLE PROOF OR EVIDENCE TO THE APPROPRIATE ELECTION COMMISSION WHICH MUST BE CLEAR AND CONVINCING IN ORDER FOR THE COMMISSION TO GRANT THE SUBSTITUTION OF A CANDIDATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-11-50 of the 1976 Code, as last amended by Act 81 of 1991, is further amended to read:
"Section 7-11-50. If a party nominee who was nominated by a method other than party primary election dies, becomes disqualified after his nomination, or resigns his candidacy for a legitimate nonpolitical reason as defined in this section and sufficient time does not remain to hold a convention to fill the vacancy or to nominate a nominee to enter a special election, the respective state or county party executive committee may nominate a nominee for the office, who must be duly certified by the respective county or state chairman.
'Legitimate nonpolitical reason' as used in this section is limited to:
(a) reasons of health, which include any health condition which, in the written opinion of a medical doctor, would be harmful to the health of the candidate if he continued;
(b) family crises, which include circumstances which would substantially alter the duties and responsibilities of the candidate to the family or to a family business;
(c) substantial business conflict, which includes the policy of an employer prohibiting employees being candidates for public offices and an employment change which would result in the ineligibility of the candidate or which would impair his capability to carry out properly the functions of the office being sought.
A candidate who withdraws based upon a legitimate nonpolitical reason which is not covered by the inclusions in (a), (b) or (c) has the strict burden of proof for his reason. A candidate who wishes to withdraw for a legitimate nonpolitical reason shall submit his reason by sworn affidavit.
This affidavit must be filed with the state party chairman of the nominee's party and also with the election commission of the county if the office concerned is countywide or less including members of the General Assembly and with the State Election Commission if the office is statewide. No substitution of candidates is authorized, except for death or disqualification, unless the election commission to which the affidavit is submitted approves the affidavit as constituting a legitimate nonpolitical reason for the candidate's resignation within ten days of the date the affidavit is submitted to the commission. At the original hearing, before the appropriate election commission, the candidate who withdraws based upon a legitimate nonpolitical reason must present certifiable proof or evidence to substantiate the affidavit. Unless the submitted evidence or proof is clear and convincing, the election commission hearing the matter shall not grant the substitution of the candidate. However, where this party nominee is unopposed each political party registered with the State Election Commission has the privilege of nominating a candidate for the office involved. If the nomination is certified two weeks or more before the date of the general election, that office is to be filled at the general election. If the nomination is certified less than two weeks before the date of the general election, that office must not be filled at the general election but must be filled in a special election to be held on the second Tuesday in the month following the election, provided that the date of the special election to be conducted after the general election may be combined with other necessary elections scheduled to occur within a twenty-eight day period in the manner authorized by Section 7-13-190(D)."
SECTION 2. This act takes effect upon approval by the Governor.
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