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H. 4999
STATUS INFORMATION
General Bill
Sponsors: Rep. Herbkersman
Document Path: l:\council\bills\dka\3745dw06.doc
Introduced in the House on April 13, 2006
Currently residing in the House Committee on Judiciary
Summary: Political parties
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/13/2006 House Introduced and read first time HJ-8 4/13/2006 House Referred to Committee on Judiciary HJ-8
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTIONS 7-9-20, 7-9-30, AS AMENDED, 7-9-40, 7-9-50, AS AMENDED, 7-9-60, AND 7-9-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLUBS IN PARTY ORGANIZATION, SO AS TO CLARIFY THE ELECTION PRECINCTS ORGANIZATIONAL RELATIONSHIP.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-9-20 of the 1976 Code is amended to read:
"Section 7-9-20. The qualifications for membership in a certified party and for voting at a party primary election include the following: The applicant for membership, or voter, must be at least eighteen years of age or become so before the succeeding general election, and must be a registered elector and a citizen of the United States and of this State. No A person may not belong to any a precinct or party club or vote in any a primary unless he is a registered elector. The state convention of any political party, organization, or association in this State may add by party rules to the qualifications for membership in the party, organization, or association and for voting at the primary elections if such the qualifications do not conflict with the provisions of this section or with the Constitution and laws of this State or of the United States."
SECTION 2. Section 7-9-30 of the 1976 Code, as last amended by Act 359 of 1990, is further amended to read:
"Section 7-9-30. (A) One party club may be organized in each general election voting precinct provided for by law and each of the clubs shall have a distinct title: 'The __________ Club of the __________ Party.'. Each precinct or club shall elect a president and one or more vice-presidents, a secretary, and treasurer, a precinct or club secretary, and a district executive committeeman for each polling place within a precinct and may have such working committees as it considers necessary.
(B) In the absence of the precinct or club district executive committeeman or in case of his inability to act, unless it is otherwise provided in the party rules, the precinct or club district executive committeeman shall designate another member of the precinct or club to perform his duties or the members of the precinct or club shall elect a precinct or club district executive committeeman to take his place.
(C) The officers of the precinct or party club shall must be reported to the clerk of court of the county prior to before the county convention;. any A precinct or club which that does not reorganize before the county convention but reorganizes thereafter after that time as provided in Section 7-9-50 shall report the names of its officers to the clerk of court within seven days. The reports shall be are public record."
SECTION 3. Section 7-9-40 of the 1976 Code is amended to read:
"Section 7-9-40. Members A member of a political party must shall belong to the precinct or club in the voting precinct set forth in their his respective registration records. The poll list of the primary of the preceding primary election is the prima facie list of the members of each precinct or club for the purpose of precinct or club organization and the election of delegates to the county convention. There may not be more than one voting place for each precinct or club. A federal, state, and county officers officer temporarily residing at or near the capital or county seat may retain their his membership and voting rights in their his former home clubs precinct or club. No A person may not take part in any a precinct or club meeting, vote in any primary, or be elected a delegate to any county convention except in the precinct or club of the voting precinct set forth in his or her registration record."
SECTION 4. Section 7-9-50 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-9-50. (A) The president or five members may call all special meetings of the precinct or club, except for reorganization, provided for in the succeeding paragraph subsection (B). At least forty-eight hours' public notice of all special meetings must be given in a newspaper of general circulation in the area where the precinct or club is situated.
(B) The clubs must precinct or club shall meet for reorganization at the usual place of meeting, at the time and on the day as determined by the county committee no later than two weeks prior to before the county convention. A notice must be published by the county committee once a week for two consecutive weeks not more than three weeks nor less than two weeks before the meeting date in a newspaper having general circulation in the county. If an existing precinct or club fails to reorganize on the day fixed, the county chairman may fix a day for the precinct or club to meet for reorganization by giving two weeks' notice."
SECTION 5. Section 7-9-60 of the 1976 Code is amended to read:
"Section 7-9-60. The clubs precinct or club in each county shall be is held together and operate operates under the control of a county committee, which shall consist consists of one member from each precinct or club to be elected by the precinct or club and shall also include includes the State Executive Committeeman from such each county. The committee, when elected, shall appoint its own officers, (except the chairman, who shall be is elected by the county convention), who shall not necessarily may not be members of the committee. A vacancy in the membership of the committee shall must be filled by the precinct or club through the loss of whose member by death, resignation, or otherwise the vacancy occurs, except that if the office of the county chairman shall become becomes vacant by death, resignation, or otherwise, the committee may fill the vacancy by electing a chairman to serve until the organization of the next regular county convention. An officer of the county committee who is not a member of the committee shall is not be entitled to vote on any a question, except the chairman and then only in case of a tie vote. The tenure of office of the committee shall be is until the day of the county convention in each general election year."
SECTION 6. Section 7-9-70 of the 1976 Code, as last amended by Act 327 of 1986, is further amended to read:
"Section 7-9-70. A county conventions convention must be held during a twelve-month period ending March thirty-first of every each general election year during a month determined by the state committee as provided in Section 7-9-100. The county committee shall set the date, time, and location during the month designated by the state committee for the county convention to be held;. however, The date set by the county committee for the county convention must be at least two weeks prior to before the state convention. When a month in a nongeneral election year is chosen for the county convention, it must be held for the purpose of reorganization only. The date, time, and location that the county convention must be reconvened during the general election year to nominate candidates for public office to be filled in the general election must be set by county committee. Notices, both for the convention to be held for reorganization and for the reconvened convention to nominate candidates, must be published by the county committee, once a week for two consecutive weeks, not more than three nor less than two weeks, before the day in a newspaper having general circulation in the county. The convention must be composed of delegates elected from the precincts or clubs in the county, one delegate for every twenty-five members and major fraction thereof of it, based upon the number of votes polled in the first primary of the preceding general election year or based upon the number of votes for presidential electors at the last preceding general election therefor from the precinct as determined by the state committee. The same basis must be used in all precincts; or if the last preceding nominations were by convention, the representation must be based upon the number of votes for presidential electors at the last preceding general election therefor from the precinct. The list of delegates certified to by the president and secretary of each precinct or club shall constitute constitutes the temporary roll of the county convention. Where new precincts have been created or where the areas of precincts have been redefined, the party executive committee of the affected counties shall apportion delegates from the precincts or clubs representing the precincts."
SECTION 7. This act takes effect upon approval by the Governor.
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