South Carolina General Assembly
122nd Session, 2017-2018

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A15, R39, H3150

STATUS INFORMATION

General Bill
Sponsors: Rep. Funderburk
Document Path: l:\council\bills\ggs\22921zw17.docx

Introduced in the House on January 10, 2017
Introduced in the Senate on March 30, 2017
Last Amended on May 2, 2017
Passed by the General Assembly on May 3, 2017
Governor's Action: May 4, 2017, Signed

Summary: Special elections

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/15/2016  House   Prefiled
  12/15/2016  House   Referred to Committee on Judiciary
   1/10/2017  House   Introduced and read first time (House Journal-page 93)
   1/10/2017  House   Referred to Committee on Judiciary 
                        (House Journal-page 93)
   3/22/2017  House   Committee report: Favorable Judiciary 
                        (House Journal-page 51)
   3/28/2017  House   Debate adjourned until Wed., 3-29-17 
                        (House Journal-page 45)
   3/29/2017  House   Amended (House Journal-page 34)
   3/29/2017  House   Read second time (House Journal-page 34)
   3/29/2017  House   Roll call Yeas-84  Nays-23 (House Journal-page 36)
   3/30/2017  House   Read third time and sent to Senate 
                        (House Journal-page 15)
   3/30/2017  Senate  Introduced and read first time (Senate Journal-page 8)
   3/30/2017  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 8)
   3/30/2017          Scrivener's error corrected
   3/31/2017  Senate  Referred to Subcommittee: Campsen (ch), Young, Fanning
    5/2/2017  Senate  Recalled from Committee on Judiciary 
                        (Senate Journal-page 5)
    5/2/2017  Senate  Amended (Senate Journal-page 5)
    5/2/2017  Senate  Read second time (Senate Journal-page 5)
    5/2/2017  Senate  Roll call Ayes-38  Nays-0 (Senate Journal-page 5)
    5/3/2017          Scrivener's error corrected
    5/3/2017  Senate  Read third time and returned to House with amendments 
                        (Senate Journal-page 27)
    5/3/2017  House   Concurred in Senate amendment and enrolled 
                        (House Journal-page 55)
    5/3/2017  House   Roll call Yeas-101  Nays-1 (House Journal-page 55)
    5/4/2017          Ratified R 39
    5/4/2017          Signed By Governor
    5/9/2017          Effective date See Act
   5/15/2017          Act No. 15

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/15/2016
3/22/2017
3/29/2017
3/30/2017
5/2/2017
5/3/2017


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A15, R39, H3150)

AN ACT TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICES, SO AS TO ADJUST THE DATES ON WHICH PRIMARIES, RUNOFF PRIMARIES, AND SPECIAL ELECTIONS MUST BE HELD, AND TO REMOVE THE EXEMPTION FROM HOLDING CERTAIN SPECIAL AND GENERAL ELECTIONS; AND TO REQUIRE THE STATE ELECTION COMMISSION TO PROVIDE RANK CHOICE BALLOTS FOR A FEDERAL SPECIAL ELECTION FOR WHICH THE PRIMARY IS HELD ON MAY 2, 2017, TO INDIVIDUALS CASTING BALLOTS IN ACCORDANCE WITH THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.

Be it enacted by the General Assembly of the State of South Carolina:

Special elections to fill vacancies, procedures

SECTION 1.    Section 7-13-190(B) of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:

"(B)(1)        In partisan elections, whether seeking nomination by political party primary or political party convention, filing by these candidates shall open for the office at twelve o'clock noon on the third Friday after the vacancy occurs for a period to close eight days later at twelve o'clock noon. If seeking nomination by petition, the petitions must be submitted not later than twelve o'clock noon, sixty days prior to the election. Verification of these petitions must be made not later than twelve o'clock noon forty-five days prior to the election. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15 and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-70.

(2)    A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the twentieth Tuesday after the vacancy occurs. If the twentieth Tuesday after the vacancy occurs is no more than sixty days prior to the general election, the special election must be held on the same day as the general election. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, the election must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day."

Exemption from holding certain special elections removed

SECTION 2.    Section 7-13-190(E) of the 1976 Code, as added by Act 3 of 2003, is amended to read:

"(E)    (Reserved)"

State Election Commission requirements

SECTION 3.    (A)    For a federal special election for which the primary is held on May 2, 2017, the State Election Commission must provide a rank choice ballot to an individual who casts a ballot in accordance with the Uniformed and Overseas Citizens Absentee Voting Act.

(B)    This SECTION applies to any federal special election for which the primary is May 2, 2017.

Time effective

SECTION 4.    SECTION 1 takes effect upon approval by the Governor and applies to elections for which candidate filings begin on or after that date.

Time effective

SECTION 5.    SECTION 2 takes effect on January 1, 2018, and applies to elections for which candidate filings begin on or after that date.

Ratified the 4th day of May, 2017.

Approved the 4th day of May, 2017.

__________


This web page was last updated on May 18, 2017 at 12:25 PM