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A256, R270, H3721
Sponsors: Reps. Talley and Harrison
Document Path: l:\council\bills\dka\3249dw05.doc
Companion/Similar bill(s): 700
Introduced in the House on March 9, 2005
Introduced in the Senate on February 7, 2006
Last Amended on March 28, 2006
Passed by the General Assembly on April 5, 2006
Governor's Action: April 8, 2006, Signed
Summary: Substitution of a candidate when nominee dies, becomes disqualified or resigns
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/9/2005 House Introduced and read first time HJ-8 3/9/2005 House Referred to Committee on Judiciary HJ-8 1/31/2006 House Committee report: Favorable Judiciary HJ-2 2/1/2006 House Read second time HJ-36 2/2/2006 House Read third time and sent to Senate HJ-14 2/7/2006 Senate Introduced and read first time SJ-11 2/7/2006 Senate Referred to Committee on Judiciary SJ-11 2/7/2006 Senate Referred to Subcommittee: Martin (ch), Malloy, Campsen, Williams 3/22/2006 Senate Committee report: Favorable with amendment Judiciary SJ-21 3/28/2006 Senate Amended SJ-75 3/28/2006 Senate Read second time SJ-75 3/29/2006 Senate Read third time and returned to House with amendments SJ-19 4/5/2006 House Concurred in Senate amendment and enrolled HJ-27 4/6/2006 Ratified R 270 4/8/2006 Signed By Governor 4/12/2006 Copies available 4/12/2006 Effective date 01/01/07 4/26/2006 Act No. 256
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VERSIONS OF THIS BILL
(A256, R270, H3721)
AN ACT TO AMEND SECTION 7-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE THE PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION REVIEWS THE WITHDRAWAL OF A CANDIDATE IN A MULTI-COUNTY ELECTION OR AN ELECTION FOR A MEMBER OF THE GENERAL ASSEMBLY.
Be it enacted by the General Assembly of the State of South Carolina:
Review of withdrawal of candidate
SECTION 1. The last paragraph of Section 7-11-50 of the 1976 Code, as last amended by Act 81 of 1991, is further amended to read:
"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 and with the State Election Commission if the office is statewide, multi-county, or for a member of the General Assembly. A substitution of candidates is not 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. 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 January 1, 2007.
Ratified the 6th day of April, 2006.
Approved the 8th day of April, 2006.
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