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Indicates Matter Stricken
Indicates New Matter
AMENDED
January 13, 2000
H. 3786
S. Printed 1/13/00--H.
Read the first time March 25, 1999.
TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR CONDUCTING A PARTY PRIMARY AND THE CERTIFICATION OF CANDIDATES PLACED ON PRIMARY BALLOTS, SO AS TO REQUIRE CANDIDATES TO BE CERTIFIED IN WRITING, ADD SATURDAY TO SUNDAY AS A DEADLINE FOR CERTIFICATION WHICH WOULD BE MOVED TO THE FOLLOWING MONDAY IF IT FELL ON THOSE DAYS, REQUIRE THE WRITTEN CERTIFICATION TO VERIFY THE QUALIFICATIONS OF A CANDIDATE, REQUIRE THE STATE ELECTION COMMISSION TO PROVIDE EACH PARTY WITH AN AFFIDAVIT WHICH MUST BE USED TO CERTIFY A CANDIDATE, AND PROVIDE A PENALTY FOR FAILURE TO FILE OR FOR KNOWINGLY FALSIFYING AN AFFIDAVIT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-13-40 of the 1976 Code, as last amended by Act 226 of 1996, is further amended to read:
"Section 7-13-40. In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year and a second and third primary each two weeks successively thereafter, if necessary. Certification of the names of all candidates to be placed on primary ballots must be made in writing by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on April ninth, or if April ninth falls on a Sunday, not later than twelve o'clock noon on the following Monday. A political party nominating a candidate by party primary must verify the qualifications of the candidate before certification to the appropriate election commission of the name of candidate to be placed on a primary ballot. The written certification required by this section must contain a statement that each candidate certified meets or can meet the qualifications for the office for which he has filed. The State Election Commission must provide to each party in every county an affidavit that must be used to certify a candidate who is required by law to file an affidavit affirming his qualifications. Failure to file the affidavit with the appropriate party shall result in disqualification of the candidate. A candidate who knowingly falsifies his affidavit is disqualified as a candidate or office holder for the office for which he was a candidate or was elected. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."
SECTION 2. Section 7-13-320 of the 1976 Code is amended by adding:
"(F) Each county election commission must provide a copy of each ballot style to be used for primary, general, and special elections in the absentee precinct in their county to the Executive Director of the State Election Commission not later than September fifteenth in the case of general elections, and not later than forty days prior to the date of the election in the case of special and primary elections. If the ballot styles are not available by these statutory deadlines, the executive director must determine when absentee ballots for that county will be available. If a determination is made that absentee ballots will not be available in sufficient time to adequately effectuate absentee voting, the executive director is empowered to direct the county board of voter registration to provide the blank ballots provided by Section 7-15-360 until the normal ballots are available. The executive director must also notify the chairman of the county's legislative delegation of his findings and the action taken."
SECTION 3. Section 7-13-330 of the 1976 Code is amended to read:
"Section 7-13-330. The arrangement of general election ballots containing the names of candidates for office shall conform as nearly as possible to the following plan, with a column or columns added in case of nomination by petition and a blank column added for write-in votes, and shall contain the specified instructions there set forth and no other:
No. ______ ____________ COUNTY, SOUTH CAROLINA
November ____, 19__
____________
Initials of Issuing Officer
November ____, 19__
Precinct __________
INSTRUCTIONS--To vote a straight party ticket, make a cross (X) in the circle (O) under the name of your party. Nothing further need or should be done. To vote a mixed ticket, or in other words for candidates of different parties, omit making a cross (X) mark in the party circle at the top and make a cross (X) in the voting square [ ] opposite the name of each candidate on the ballot for whom you wish to vote. If you wish to vote for a candidate not on any ticket, write or place the name of such candidate on your ticket opposite the name of the office. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside.
___________________________________________________
Nomination by
Name of Party Name of Party Petition
Names of Office 0 0 0
___________________________________________________
STATE Governor Governor Governor
Governor [ ] Name of [ ] Name of [ ] Name of
Candidate Candidate Candidate
___________________________________________________
Lieutenant Lieut. Governor Lieut. Governor Lieut. Governor
Governor [ ] Name of [ ] Name of [ ] Name of
Candidate Candidate Candidate
___________________________________________________
Secretary of Sec. of State Sec. of State Sec. of State
State [ ] Name of [ ] Name of [ ] Name of
Candidate Candidate Candidate
___________________________________________________
CONGRES- U.S. Senator U.S. Senator U.S. Senator
SIONAL [ ] Name of [ ] Name of [ ] Name of
Senator Candidate Candidate Candidate
___________________________________________________
Representative U.S. Repre- U.S. Repre- U.S. Repre-
in Congress sentative sentative sentative
[ ]Name of [ ] Name of [ ] Name of
District Candidate Candidate Candidate"
___________________________________________________
SECTION 4. Section 7-13-350 of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:
"Section 7-13-350. The nominees in a party primary or party convention held under the provisions of this title by any political party certified by the commission under this title for one or more of the offices, national, state, circuit, multi-county district, countywide, less than countywide, or municipal to be voted on in the general election, held on the first Tuesday following the first Monday in November, must be placed upon the appropriate ballot for the election as candidates nominated by the party by the authority charged by law with preparing the ballot if the names of the nominees are certified, in writing, by the political party chairman, vice-chairman, or secretary to the authority, for general elections held under Section 7-13-10, not later than twelve o'clock noon on September first August fifteenth or, if September first August fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday and for a special or municipal election, by at least twelve o'clock noon on the forty-fifth day prior to the date of holding the election, or if the forty-fifth day falls on Sunday, by twelve o'clock noon on the following Monday. Political parties nominating candidates by primary or convention must verify the qualifications of those candidates prior to certification to the authority charged by law with preparing the ballot. The written certification required by this section must contain a statement that each candidate certified meets, or can meet, the qualifications for the office for which he has filed. Any candidate who does not, or cannot meet the qualifications for the office for which he has filed may not be nominated and certified and such candidate may not be placed on a general election ballot."
SECTION 5. Section 7-13-351 of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:
"Section 7-13-351. Any nominee by petition for one or more of the offices, national, state, circuit, multi-county district, countywide or less than countywide, to be voted on in the general election must be placed upon the appropriate ballot by the officer, commissioners, or other authority charged by law with preparing the ballot if the petition is submitted to the officer, commissioner, or other authority, as the case may be, for general elections held under Section 7-13-10, not later than twelve o'clock noon on August first July fifteenth or, if August first July fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday. At the time the petition is submitted, the authority charged with accepting it shall issue a receipt to the person submitting the petition which shall reflect the date it was submitted and the total number of signatures contained therein. The board of voter registration of each respective county shall check the petition at the request of the authority charged with printing the ballot for that office and shall certify the results to the authority not later than twelve o'clock noon September first August fifteenth or, if September first August fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday.
The petition of any candidate in any special election, including municipal special elections, must be submitted to the authority charged with printing the ballot for those offices not later than twelve o'clock noon, on the sixtieth day prior to the date of the holding of the election, or if the sixtieth day falls on Sunday, by not later than twelve o'clock noon on the following Monday. At the time a petition is submitted, the authority charged with accepting it must issue a receipt to the person submitting the petition which must reflect the date it was submitted and the total number of signatures contained therein. The board of voter registration of each respective county must check the petition at the request of the authority charged with printing of the ballots for that office and must certify the results thereof to the authority not later than twelve o'clock noon on the forty-fifth day prior to the date of holding the election, or if the forty-fifth day falls on Sunday, by twelve o'clock noon on the following Monday.
Once submitted for verification, a petition for nomination of a candidate for any office may not be returned to the petitioner, but must be retained by the authority to whom the petition was submitted and must become a part of the records of the election for which it was submitted. The authority to whom a petition is submitted must verify that qualifications of each potential petition candidate prior to certification of that candidate to be placed on the ballot. The written certification required by this section must contain a statement that each candidate certified meets, or can meet the qualifications for the office for which the petition is submitted. Any candidate who does not or cannot meet the qualifications for the office sought may not be placed on the ballot.
In the event of an emergency declared by the Governor and the conditions precipitating the emergency declaration prevent a candidate from filing the nominating petition within the time required by this section, the candidate has an additional five days to submit the nominating petition to the appropriate office."
SECTION 6. Section 7-13-352 of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:
"Section 7-13-352. Any candidate for a nonpartisan office, multi-county district, countywide or less than countywide, including municipal offices, to be voted on at the time of the general election, who qualifies by statement of candidacy shall file the statement of candidacy with the authority responsible by law for conducting the election not later than twelve o'clock noon on September first August fifteenth or, if September first August fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday."
SECTION 7. Section 7-13-355 of the 1976 Code, as added by Act 131 of 1987, is amended to read:
"Section 7-13-355. No question may be submitted to the qualified electors in a referendum held at the time of a general election unless the question is submitted to the appropriate election commission to be placed on the ballot no later than 12:00 noon on September first August fifteenth or, if September first August fifteenth falls on Sunday, not later than 12:00 noon on the following business day."
SECTION 8. This act takes effect upon approval by the Governor.
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