Current Status Bill Number:4911 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980331 Primary Sponsor:Young All Sponsors:Young and McGee Drafted Document Number:EGM\18714DJC.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Criminal convictions, persons ineligible to vote may not engage in campaign practices; Elections, Ethics
Body Date Action Description Com Leg Involved
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House 19980331 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1375, SO AS TO PROVIDE THAT PERSONS INELIGIBLE TO VOTE OR WHO HAVE BEEN CONVICTED OF CERTAIN CRIMES MAY NOT ENGAGE IN SPECIFIED CAMPAIGN PRACTICES OR SERVE IN SPECIFIED CAPACITIES FOR ANY POLITICAL PARTY, CAMPAIGN, OR CANDIDATE FOR PUBLIC OFFICE, OR IN CONNECTION WITH ANY ISSUE TO BE VOTED ON BY THE QUALIFIED ELECTORATE IN AN ELECTION TO BE HELD IN THIS STATE, AND TO PROVIDE PENALTIES FOR VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 13, Title 8, of the 1976 Code is amended by adding:
"Section 8-13-1375. (A) No person who is ineligible to vote in this State because of a disqualifying criminal conviction, or who has served any part of a prison term resulting from a disqualifying criminal conviction, shall serve or be permitted to serve:
(1) as a consultant or adviser to any political party, campaign, or candidate for public office, or for or against, or in connection with any issue to be voted on by the qualified electorate in an election held in this State;
(2) as an officer, director, trustee, member of any executive board, or similar governing body, business agent, manager, organizer, employee, representative, or worker in any capacity for any political party, campaign, or candidate for public office, or in connection with any issue to be voted on by the qualified electorate in an election held in this State;
(3) as a worker, consultant, or adviser to a person engaged as an officer, director, agent, or employee of any group or association of persons dealing with any aspect of organizing or participating in a political campaign, or in getting out the vote for or against any political party, campaign, candidate or issue, or in a position having authority or responsibility in the area of fund raising or campaign finances for any political party, interest group, campaign, or candidate;
(4) in a position which entitles its occupant to a share of the proceeds of, or as an officer or executive or administrative employee of, any entity whose activities are in whole or substantial part devoted to providing goods or services to any political party, interest group, campaign, or candidate for public office; or
(5) in any capacity that involves decision-making authority concerning, or decision making authority over, or custody of, or control of the moneys, funds, assets, or property of any political party, interest group, campaign, or candidate for public office, or in connection with any issue to be voted on by the qualified electorate in an election held in this State.
(B) For purposes of this section, a disqualifying criminal conviction is any conviction for a violent crime or a crime of moral turpitude under the laws of this State, or of the jurisdiction where the crime took place, or of robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, felony criminal sexual conduct, assault with intent to kill, assault which inflicts grievous bodily injury, including felony driving under the influence, or a violation of the election, campaign practices, or campaign finance laws of this State, or felony criminal sexual conduct, or of solicitation, or conspiracy to commit any such crimes, or attempt to commit any such crime, or a crime in which any of the foregoing crimes is an element.
(C) The prohibitions of subsection (A) continue during or for the period of fifteen years after such conviction, or after the end of such imprisonment, whichever is later, unless the sentencing court on the motion of the person convicted sets a lesser period of at least five years after such conviction or after the end of such imprisonment, whichever is later, or unless prior to the end of such period, the person so convicted or imprisoned is pardoned and his rights have been fully restored, or if the offense is a federal offense, the sentencing judge or, if the offense is a state offense, the state judge of the court for the circuit in which the offense was committed, determines that such person's service is any capacity referred to in items (1) through (5) of subsection (A) would not be contrary to the purposes of this chapter.
Prior to making any such determination the court shall hold a hearing and shall give notice of such proceeding by certified mail to the State Election Commission and to the federal, state, and circuit prosecuting officials in the jurisdiction or jurisdictions in which such person was convicted. The court's determination in any such proceeding is final.
(D) No person shall knowingly hire, retain, employ, place, allow, or otherwise suffer any other person to serve in any capacity in violation of this section.
(E) Any person who intentionally violates this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than five years, or both."
SECTION 2. This act takes effect upon approval by the Governor.