H*3418 Session 107 (1987-1988)
H*3418(Rat #0383, Act #0364 of 1988) General Bill, By T.W. Edwards,
H.H. Clyborne, D.E. Martin and J.M. White
Similar(S 967)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
5-15-125 so as to provide for a runoff election to break ties in municipal
elections and to postpone subsequent municipal elections if there is a
tie-breaker runoff election; to add Article 19 in Chapter 13 of Title 7,
relating to the conduct of elections, so as to provide for tie-breaking
general, special, and primary elections; to amend Sections 7-13-50 and
7-13-1170, relating respectively to runoff primary elections and cases where
the Governor orders new elections, so as to delete provisions relating to tie
elections.
12/21/87 House Prefiled
12/21/87 House Referred to Committee on Judiciary
01/12/88 House Introduced and read first time HJ-281
01/12/88 House Referred to Committee on Judiciary HJ-282
01/20/88 House Committee report: Favorable Judiciary HJ-424
02/04/88 House Read second time HJ-947
02/09/88 House Read third time and sent to Senate HJ-999
02/10/88 Senate Introduced and read first time SJ-10
02/10/88 Senate Referred to Committee on Judiciary SJ-10
02/24/88 Senate Committee report: Favorable Judiciary SJ-26
02/25/88 Senate Read second time SJ-34
02/25/88 Senate Unanimous consent for third reading on next
legislative day SJ-35
02/26/88 Senate Read third time and enrolled SJ-2
03/08/88 Ratified R 383
03/14/88 Signed By Governor
03/14/88 Effective date 03/14/88
03/14/88 Act No. 364
03/22/88 Copies available
(A364, R383, H3418)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
5-15-125 SO AS TO PROVIDE FOR A RUNOFF ELECTION TO BREAK TIES IN MUNICIPAL
ELECTIONS AND TO POSTPONE SUBSEQUENT MUNICIPAL ELECTIONS IF THERE IS A
TIE-BREAKER RUNOFF ELECTION; TO ADD ARTICLE 19 IN CHAPTER 13 OF TITLE 7, RELATING
TO THE CONDUCT OF ELECTIONS, SO AS TO PROVIDE FOR TIE-BREAKING GENERAL, SPECIAL,
AND PRIMARY ELECTIONS; TO AMEND SECTIONS 7-13-50 AND 7-13-1170, RELATING
RESPECTIVELY TO RUNOFF PRIMARY ELECTIONS AND CASES WHERE THE GOVERNOR ORDERS NEW
ELECTIONS, SO AS TO DELETE PROVISIONS RELATING TO TIE ELECTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Tie municipal election
SECTION 1. Chapter 15, Title 5 of the 1976 Code is amended by adding:
"Section 5-15-125. If any municipal election results in a tie, the
municipal election commission or the municipal party committee shall conduct a
runoff election to break the tie two weeks following that election. In the
tie-breaking runoff, the laws of this State apply, mutatis mutandi. If the date
for the tie-breaking runoff election falls on a legal holiday, it must be set for
the same day of the first week following which is not a legal holiday. If a
tie-breaking runoff election is required, any remaining municipal elections
required are postponed for two weeks. If the date of a postponed election falls
on a legal holiday, it must be set for the same day of the first week following
which is not a legal holiday."
Article added
SECTION 2. Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Article 19
General, Special, and Primary Elections
Resulting in a Tie
Section 7-13-2210. If any general election or special election, other than a
nonpartisan municipal election, results in a tie vote and no candidate withdraws,
the election officials who conducted the tie election shall conduct a runoff
election to break the tie two weeks following the tie election. In the
tie-breaking runoff, the laws of this State apply, mutatis mutandi. If the date
for the tie-breaking runoff falls on a legal holiday, it must be held on the same
day of the first week following which is not a legal holiday.
Section 7-13-2220. If any primary election, other than a nonpartisan municipal
primary election, results in a tie vote and no candidate withdraws, the party
officials shall conduct a runoff election to break the tie two weeks following
that election. In the tie-breaking election, the laws of this State apply,
mutatis mutandi. If the date for the tie-breaking runoff election falls on a
legal holiday, it must be held on the same day of the first week following which
is not a legal holiday. If a tie-breaking runoff election is required, any
remaining primary elections required are postponed for two weeks. If the date
for a postponed election falls on a legal holiday, it must be set for the same
day of the first week following which is not a legal holiday."
Primary elections
SECTION 3. Section 7-13-50 of the 1976 Code is amended to read:
"Section 7-13-50. A second primary, when necessary, must be held two
weeks after the first 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
chairman or the state chairman, as appropriate."
Action by governor
SECTION 4. Section 7-13-1170 of the 1976 Code is amended to read:
"Section 7-13-1170. When any election official of any political
subdivision of this State charged with ordering, providing for, or holding an
election has neglected, failed, or refused to order, provide for, or hold the
election at the time appointed, or if for any reason the election is declared
void by competent authority, and these facts are made to appear to the
satisfaction of the Governor, he shall, should the law not otherwise provide for
this contingency, order an election or a new election to be held at the time and
place, and upon the notice being given which to him appears adequate to insure
the will of the electorate being fairly expressed. To that end, he may designate
the existing election official or other person as he may appoint to perform the
necessary official duties pertaining to the election and to declare the
result."
Time effective
SECTION 5. This act takes effect upon approval by the Governor. |