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COMMITTEE REPORT
March 1, 2006
S. 1145
Introduced by Senators Martin, McConnell, Ford, Knotts and Jackson
S. Printed 3/1/06--S.
Read the first time February 14, 2006.
To whom was referred a Bill (S. 1145) to amend Section 7-13-50, Code of Laws of South Carolina, 1976, relating to second and other primaries, so as to provide that a second primary, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTIVE DIRECTOR OF STATE ELECTION COMMISSION, SO AS TO AUTHORIZE THE EXECUTIVE DIRECTOR TO SERVE AS THE CHIEF STATE ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND ENFORCING THE STATE'S RESPONSIBILITIES UNDER THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT (UOCAVA); TO AMEND SECTION 7-13-50, RELATING TO SECOND AND OTHER PRIMARIES, SO AS TO PROVIDE THAT A SECOND PRIMARY, WHEN NECESSARY, MUST BE HELD TWO WEEKS AFTER THE FIRST PRIMARY FOR STATE AND LOCAL OFFICES AND FOUR WEEKS AFTER THE FIRST PRIMARY FOR FEDERAL OFFICES; AND TO AMEND ARTICLE 5, CHAPTER 15 OF TITLE 7 BY ADDING SECTION 7-15-405, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO PROVIDE A SPECIAL SECOND PRIMARY ABSENTEE BALLOT FOR INSTANT VOTING IN RUNOFFS FOR FEDERAL OFFICES, STATEWIDE OFFICES, MEMBERS OF THE GENERAL ASSEMBLY, AND MULTI-COUNTY OFFICES AND THE COUNTY AND MUNICIPAL ELECTION COMMISSIONS TO PROVIDE A SPECIAL SECOND PRIMARY ABSENTEE BALLOT FOR INSTANT VOTING IN RUNOFFS FOR LOCAL OFFICES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-3-20 of the 1976 Code is amended to read:
"Section 7-3-20. (A) The State Election Commission shall elect an executive director who shall be directly responsible to the Commission and who shall serve at the pleasure of the Commission. The executive director shall be the chief administrative officer for the State Election Commission.
(B) The executive director shall receive such compensation and employ such staff, subject to the approval of the State Election Commission, as may be provided by law.
(C) The executive director shall:
(1) maintain a complete master file of all qualified electors by county and by precincts;
(2) delete the name of any elector:
(a) who is deceased,;
(b) who is no longer qualified to vote in the precinct where currently registered,;
(c) who has been convicted of a disqualifying crime,;
(d) who is otherwise no longer qualified to vote as may be provided by law,; or
(e) who requests in writing that his name be removed;
(3) enter names on the master file as they are reported by the county registration boards;
(4) furnish each county registration board with a master list of all registered voters in the county, together with a copy of all registered voters in each precinct of the county, at least ten days prior to each election. The precinct copies shall be used as the official list of voters;
(5) maintain all information furnished his office relating to the inclusion or deletion of names from the master file for four years;
(6) purchase, lease, or contract for the use of such equipment as may be necessary to properly execute the duties of his office, subject to the approval of the State Election Commission;
(7) secure from the United States courts and federal and state agencies available information as to persons convicted of disqualifying crimes;
(8) obtain information from any other source which may assist him in carrying out the purposes of this section;
(9) perform such other duties relating to elections as may be assigned him by the State Election Commission;
(10) furnish at reasonable price any precinct lists to a qualified elector requesting them; and
(11) serve as the chief state election official responsible for implementing and coordinating the state's responsibilities under the National Voter Registration Act of 1993; and
(12) serve as the chief state election official responsible for implementing and enforcing the state's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)."
SECTION 2. Section 7-13-50 of the 1976 Code is amended to read:
"Section 7-13-50. A second primary, when necessary, must be held (1) two weeks after the first primary for a state or local office and (2) four weeks after the first primary for a federal office. and A second primary is subject to the rules governing the first primary. At the second primary the two candidates among those who do not withdraw their candidacies and who received more votes in the first primary than any other remaining candidate alone shall run for any one office and if only one candidate remains, he is considered nominated, except that if there are two or more vacancies for any particular office, the number of candidates must be double the number of vacancies to be filled if so many candidates remain. In all second primaries the candidate receiving the largest number of votes cast for a given office must be declared the nominee for the office whether or not he has received a majority of the votes cast for that office, and when there are several candidates for several different offices, then the several candidates receiving the largest number of votes for the several positions are considered as nominated for the offices whether or not they received a majority of the votes cast. Other primaries, if necessary, must be ordered in a similar manner by the county election commission or the State Election Commission, as appropriate."
SECTION 3. Article 5, Chapter 15, Title 7 of the 1976 Code is amended by adding:
"Section 7-15-405. (A) For the qualified electors of this state who are eligible to vote as provided by the Uniformed and Overseas Citizens Absentee Voting Act, an absentee ballot with a special absentee ballot for each potential second primary must be mailed to the elector at least forty-five days prior to the primary election.
(B) The special absentee ballot for second primaries must be prepared by: (1) the State Election Commission for federal offices, statewide offices, members of the General Assembly, and multi-county offices, and (2) the county and municipal election commissions for local offices.
(C) The special absentee ballot for a second primary shall permit the elector to vote by indicating his or her order of preference for each candidate for each office by placing a number next to the name of the candidate's name on the ballot. However, the elector shall not be required to indicate his or her preference for more than one candidate on the ballot if he chooses.
(D) The special absentee ballot shall be designated as a 'special runoff ballot' and be clearly distinguishable from the regular absentee ballot.
(E) Instructions explaining the second primary instant runoff voting Search Term End process must be sent with the ballot to the qualified elector. The county boards of registration must provide instructions on how the voter may determine if a second primary will be held and which candidates are involved."
SECTION 4. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
LARRY A. MARTIN for Committee.
TO AMEND SECTION 7-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECOND AND OTHER PRIMARIES, SO AS TO PROVIDE THAT A SECOND PRIMARY, WHEN NECESSARY, MUST BE HELD FOUR WEEKS AFTER THE FIRST PRIMARY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-13-50 of the Code is amended to read:
"Section 7-13-50. A second primary, when necessary, must be held two four weeks after the first primary and is subject to the rules governing the first primary. At the second primary the two candidates among those who do not withdraw their candidacies and who received more votes in the first primary than any other remaining candidate alone shall run for any one office and if only one candidate remains, he is considered nominated, except that if there are two or more vacancies for any particular office, the number of candidates must be double the number of vacancies to be filled if so many candidates remain. In all second primaries the candidate receiving the largest number of votes cast for a given office must be declared the nominee for the office whether or not he has received a majority of the votes cast for that office, and when there are several candidates for several different offices, then the several candidates receiving the largest number of votes for the several positions are considered as nominated for the offices whether or not they received a majority of the votes cast. Other primaries, if necessary, must be ordered in a similar manner by the county election commission or the State Election Commission, as appropriate."
SECTION 2. This act takes effect upon approval by the Governor.
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