S 613 Session 109 (1991-1992)
S 0613 General Bill, By Washington
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
7-17-65 so as to provide that a candidate for an elected judicial office must
appeal a decision of the county board of canvassers aggrieved by it to the
circuit court; and to amend Section 7-17-60, relating to the right to appeal
to the state board of canvassers from the county board of canvassers by a
candidate adversely affected by a decision, so as to provide that a candidate
for a judicial office shall not appeal to the state board but instead to the
circuit court.
02/06/91 Senate Introduced and read first time SJ-9
02/06/91 Senate Referred to Committee on Judiciary SJ-9
01/15/92 Senate Committee report: Favorable with amendment
Judiciary SJ-175
01/21/92 Senate Amended SJ-31
01/21/92 Senate Read second time SJ-31
01/22/92 Senate Read third time and sent to House SJ-8
01/23/92 House Introduced and read first time HJ-13
01/23/92 House Referred to Committee on Judiciary HJ-13
02/18/92 House Tabled in committee
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
January 21, 1992
S. 613
Introduced by SENATOR Washington
S. Printed 1/21/92--S.
Read the first time February 6, 1991.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 7-17-65 SO AS TO PROVIDE THAT A
CANDIDATE FOR AN ELECTED JUDICIAL OFFICE MUST
APPEAL A DECISION OF THE COUNTY BOARD OF
CANVASSERS AGGRIEVED BY IT TO THE CIRCUIT COURT;
AND TO AMEND SECTION 7-17-60, RELATING TO THE RIGHT
TO APPEAL TO THE STATE BOARD OF CANVASSERS FROM
THE COUNTY BOARD OF CANVASSERS BY A CANDIDATE
ADVERSELY AFFECTED BY A DECISION, SO AS TO PROVIDE
THAT A CANDIDATE FOR A JUDICIAL OFFICE SHALL NOT
APPEAL TO THE STATE BOARD BUT INSTEAD TO THE
CIRCUIT COURT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 7-17-65. Within ten days after notice of the
decision of the county board of canvassers, a candidate for an elected
judicial office aggrieved by the decision may appeal it to the circuit
court. Notice of appeal must be served on the opposing parties or their
attorneys and filed in the office of the clerk of court within ten days.
The notice of appeal acts as a stay of further proceedings pending the
appeal."
SECTION 2. Section 7-17-60 of the 1976 Code is amended to read:
"Section 7-17-60. (A) The decision of the county
board may be appealed to the State Board of Canvassers by any
a candidate adversely affected thereby by it.
Notice of such the appeal and the grounds
thereof for it shall must be made not
later than noon Monday next following such the
decision by serving such the notices on the chairman of
the state board. Provided, that service Service may be
perfected by depositing at the office of the chief of the State Law
Enforcement Division a copy of the grounds of appeal. A sufficient
number of copies to be served upon all candidates in the protested race
shall also must be delivered to the county sheriff.
Such These officers shall take all steps necessary to
deliver the notices to the respective parties.
(B) The provisions of this section do not apply to an appeal of
an election involving a candidate for a judicial office. An appeal of an
election of a judicial office must be under the provisions of Section 7-17-65."
SECTION 3. This act takes effect upon approval by the Governor.
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