Reference is to Printer's Date 1/31/13-H.
Amend the bill, as and if amended, Section 7-13-46(B), as contained in SECTION 1, page 3298-2, lines 6-20, by striking subsection (B) in its entirety and inserting a new subsection (B) to read:
/ (B) In every general
election year the county party chairman, or a designee, shall:
(1)
designate a specified place, other than a private
residence, where a person may have the statement of intention of
candidacy and notice of candidacy and pledge signed by an
appropriate party official;
(2)
establish regular hours of not less than four hours a day
during the final seventy-two hours of the filing period in which
an officer of the party must be present at the designated place
to sign the statements of candidacy and the notices of candidacy
and pledge; and
(3)
inform the county board of registration and elections of
the locations and hours where they will make available the
statement of intention of candidacy and notice of candidacy and
pledge for acknowledgement for publication.
(4)
Sign any statement of intention of candidacy, notice of
candidacy and pledge presented to them by a prospective
candidate. /
Amend the bill further, as and if amended, Section 7-11-15, as contained in SECTION 5, beginning on page 3298-3, by deleting Section 5 in its entirety and inserting:
/ SECTION 5. Section 7-11-15 of the 1976 Code, as last amended by Act 3 of 2003, is further amended to read:
"Section 7-11-15.
In order to qualify as a candidate to run in the
general election, all candidates seeking nomination by political
party primary or political party convention must file a
statement of intention of candidacy between noon on March
sixteenth and noon on March thirtieth as provided in this
section.
(1)
Candidates seeking nomination for a statewide,
congressional, or district office that includes more than one
county must file their statements of intention of candidacy with
the state executive committee of their respective party.
(2)
Candidates seeking nomination for the State Senate
or House of Representatives must file their statements of
intention of candidacy with the county executive committee of
their respective party in the county of their residence. The
county committees must, within five days of the receipt of the
statements, transmit the statements along with the applicable
filing fees to the respective state executive committees.
However, the county committees must report all filings to the
state committees no later than five p.m. on March thirtieth.
The state executive committees must certify candidates pursuant
to Section 7-13-40.
(3)
Candidates seeking nomination for a countywide or
less than countywide office shall file their statements of
intention of candidacy with the county executive committee of
their respective party.
Except as provided herein,
the county executive committee of any political party with whom
statements of intention of candidacy are filed must file, in
turn, all statements of intention of candidacy with the county
election commission by noon on the tenth day following the
deadline for filing statements by candidates. If the tenth day
falls on Saturday, Sunday, or a legal holiday, the statements
must be filed by noon the following day. The state executive
committee of any political party with whom statements of
intention of candidacy are filed must file, in turn, all the
statements of intention of candidacy with the State Election
Commission by noon on the tenth day following the deadline for
filing statements by candidates. If the tenth day falls on
Saturday, Sunday, or a legal holiday, the statements must be
filed by noon the following day. No candidate's name may appear
on a primary election ballot, convention slate of candidates,
general election ballot, or special election ballot, except as
otherwise provided by law, if (1) the candidate's statement of
intention of candidacy has not been filed with the County
Election Commission or State Election Commission, as the case
may be, by the deadline and (2) the candidate has not been
certified by the appropriate political party as required by
Sections 7-13-40 and 7-13-350, as applicable. The candidate's
name must appear if the candidate produces the signed and dated
copy of his timely filed statement of intention of
candidacy.
The statement of intention
of candidacy required in this section and in Section 7-13-190(B)
must be on a form designed and provided by the State Election
Commission. This form, in addition to all other information,
must contain an affirmation that the candidate meets, or will
meet by the time of the general election, or as otherwise
required by law, the qualifications for the office sought. It
must be filed in triplicate by the candidate, and the political
party committee with whom it is filed must stamp it with the
date and time received, sign it, keep one copy, return one copy
to the candidate, and send one copy to either the county
election commission or the State Election Commission, as the
case may be.
If, after the closing of
the time for filing statements of intention of candidacy, there
are not more than two candidates for any one office and one or
more of the candidates dies, or withdraws, the state or county
committee, as the case may be, if the nomination is by political
party primary or political party convention only may, in its
discretion, afford opportunity for the entry of other candidates
for the office involved; however, for the office of State House
of Representatives or State Senator, the discretion must be
exercised by the state committee.
The provisions of this
section do not apply to nonpartisan school trustee elections in
any school district where local law provisions provide for other
dates and procedures for filing statements of candidacy or
petitions, and to the extent the provisions of this section and
the local law provisions conflict, the local law provisions
control. (A) In order to
qualify as a candidate to run in the general election, all
candidates seeking nomination by political party primary or
convention must file for office between noon on March sixteenth
and noon on March thirtieth as provided in this section.
(B)
Candidates seeking nomination for a statewide,
congressional, or district office that includes more than one
county must:
(1)
complete the statement of intention of candidacy
and the notice of candidacy and pledge received from the state
party executive committee;
(2)
obtain the signature of the appropriate state
party official on the statement of intention of candidacy and on
the notice of candidacy and pledge;
(3)
surrender the signed notice of candidacy and
pledge to the appropriate state party official;
(4)
obtain the signature of the appropriate South
Carolina Election Commission official on the statement of
intention of candidacy; and
(5)
file the signed statement of intention of
candidacy with the South Carolina Election Commission along with
the filing fee for office as prescribed by this section.
(C)
Candidates seeking nomination for the State Senate or
House of Representatives must:
(1)
complete the statement of intention of candidacy
and the notice of candidacy and pledge received from the county
party executive committee in the county in which they
reside;
(2)
obtain the signature of the appropriate county
party official on the statement of intention of candidacy and on
the notice of candidacy and pledge;
(3)
surrender the signed notice of candidacy and
pledge to the appropriate county party official;
(4)
obtain the signature of the appropriate county
board of registration and elections official in the county in
which the candidate resides on the statement of intention of
candidacy; and
(5)
file the signed of statement intention of
candidacy with the county board of registration and elections in
the county in which the candidate resides, along with the filing
fee for office pursuant to this section.
(D)
Candidates seeking nomination for a countywide or less
than countywide office must:
(1)
complete the statement of intention of candidacy
and the notice of candidacy and pledge received from the county
party executive committee;
(2)
obtain the signature of the appropriate county
party official on the statement of intention of candidacy and on
the notice of candidacy and pledge;
(3)
surrender the signed notice of candidacy and
pledge to the appropriate county party official;
(4)
obtain the signature of the appropriate county
board of registration and elections official in the county on
the statement of intention of candidacy; and
(5)
file the signed statement of intention of
candidacy with the county board of registration and elections,
along with the filing fee for office pursuant to this
section.
(E) If, for
any reason, a candidate is unable to acquire the attestation of
an appropriate party official pursuant to this section or the
party official does not comply with the requirement to sign a
notice of candidacy, pledge or intention of candidacy document,
the county board will accept the filing from the candidate
without the the signature of a party official.
(F) The
county board of registration and elections, within five days of
the receipt of the statements, must transmit the statements
along with the applicable filing fees to the South Carolina
Election Commission.
(G) The
county board of registration and elections or the South Carolina
Election Commission, where appropriate, must report all
candidate statements to the state executive committees no later
than five o'clock p.m. on March thirtieth.
(H) No
candidate's name may appear on a primary election ballot,
general election ballot, or special election ballot, except as
otherwise provided by law, if the candidate's statement of
intention of candidacy and filing fee has not been filed with
the county board of registration and elections or State Election
Commission, as the case may be, by the deadline. The
candidate's name must appear if the candidate produces the
signed and dated copy of his timely filed statement of intention
of candidacy.
(I) Copies of
the filing documents showing the time and date filed, the
candidates signature, and the signature of acknowledging party
official and election official must be made available to the
public, upon request, no later than the next business day
following the last day on which the county board of registration
and elections or State Election Commission may receive notice of
candidacy.
(J) 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.
(K) The
statement of intention of candidacy required in this section and
in Section 7-13-190(B) must be on a form designed and provided
by the State Election Commission. This form, in addition to all
other information, must contain an affirmation that the
candidate meets, or will meet by the time of the general
election, or as otherwise required by law, the qualifications
for the office sought. The form must be obtained from the
county executive committee of a political party and must be
filed in duplicate by the candidate. The form must be obtained
from the designated official of the county executive committee
who will verify the signature of the candidate and must affix
his own signature, accepting this candidate for nomination by
the party. The political party committee with which it is filed
must stamp it with the date and time received, sign it, keep one
copy, and return one copy to the candidate, who will then take
his form, and other filing documents to his respective election
commission.
(L) If, after
the closing of the time for filing statements of intention of
candidacy, there are not more than two candidates for any one
office and one or more of the candidates dies, or withdraws, the
state or county committee, as the case may be, only in its
discretion if the nomination is by political party primary, may
afford opportunity for the entry of other candidates for the
office involved. However, for the office of State House of
Representatives or State Senator, the discretion must be
exercised by the state committee.
(M) The
provisions of this section do not apply to nonpartisan school
trustee elections in a school district where local law provides
for other dates and procedures for filing statements of
candidacy or petitions, and to the extent the provisions of this
section and the local law provisions conflict, the local
provisions control." /
Renumber sections to conform.
Amend title to conform.