H 4887 Session 110 (1993-1994)
H 4887 General Bill, By J.H. Hodges and Govan
A Bill to amend Section 7-11-20, as amended, Code of Laws of South Carolina,
1976, relating to nomination of candidates by primary, so as to require the
Governor to select the nominee for Lieutenant Governor with the selection
being ratified by a representative group of the party; to amend Section
7-11-30, relating to the nomination of candidates by conventions, so as to
provide that persons who receive their party's nomination for the offices of
Governor and Lieutenant Governor shall run as joint candidates in the general
election with the selection being ratified by a representative group of the
party; to amend Section 7-11-70, relating to nomination of candidates by
petition, so as to provide that only one petition is required for nominees for
Governor and Lieutenant Governor who shall run as joint candidates; to amend
Section 7-13-330, relating to the arrangements of the general election
ballots, so as to provide for the placement of the Governor and Lieutenant
Governor on the ballot as joint candidates; and to add Section 7-13-335
03/07/94 House Introduced and read first time HJ-21
03/07/94 House Referred to Committee on Judiciary HJ-22
04/21/94 House Committee report: Favorable with amendment
Judiciary HJ-75
05/17/94 House Objection by Rep. Scott, Kennedy, Felder,
Klauber, Anderson, HJ-395
05/17/94 House Objection by Rep. McMahand & Moody-Lawrence HJ-395
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 21, 1994
H. 4887
Introduced by REPS. Hodges and Govan
S. Printed 4/21/94--H.
Read the first time March 7, 1994.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 4887), to amend Section 7-11-20, as
amended, Code of Laws of South Carolina, 1976, relating to nomination
of candidates by primary, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by adding an appropriately
numbered SECTION to read:
SECTION . The 1976 Code is amended by adding:
"Section 1-3-125. If a vacancy in the office of Lieutenant
Governor occurs, the Governor, with the advice and consent of the
Senate, shall appoint a Lieutenant Governor to serve the remainder of
the term of office."
Renumber sections to conform.
Amend title to conform.
JAMES H. HODGES, for Committee.
A BILL
TO AMEND SECTION 7-11-20, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO NOMINATION OF
CANDIDATES BY PRIMARY, SO AS TO REQUIRE THE
GOVERNOR TO SELECT THE NOMINEE FOR LIEUTENANT
GOVERNOR WITH THE SELECTION BEING RATIFIED BY A
REPRESENTATIVE GROUP OF THE PARTY; TO AMEND
SECTION 7-11-30, RELATING TO THE NOMINATION OF
CANDIDATES BY CONVENTIONS, SO AS TO PROVIDE THAT
PERSONS WHO RECEIVE THEIR PARTY'S NOMINATION FOR
THE OFFICES OF GOVERNOR AND LIEUTENANT GOVERNOR
SHALL RUN AS JOINT CANDIDATES IN THE GENERAL
ELECTION WITH THE SELECTION BEING RATIFIED BY A
REPRESENTATIVE GROUP OF THE PARTY; TO AMEND
SECTION 7-11-70, RELATING TO THE NOMINATION OF
CANDIDATES BY PETITION, SO AS TO PROVIDE THAT ONLY
ONE PETITION IS REQUIRED FOR NOMINEES FOR GOVERNOR
AND LIEUTENANT GOVERNOR WHO SHALL RUN AS JOINT
CANDIDATES; TO AMEND SECTION 7-13-330, RELATING TO
THE ARRANGEMENTS OF THE GENERAL ELECTION BALLOTS,
SO AS TO PROVIDE FOR THE PLACEMENT OF THE GOVERNOR
AND THE LIEUTENANT GOVERNOR ON THE BALLOT AS JOINT
CANDIDATES; AND TO ADD SECTION 7-13-335, SO AS TO
PROVIDE THAT NOMINEES FOR GOVERNOR AND
LIEUTENANT GOVERNOR ARE PLACED ON THE GENERAL
ELECTION BALLOT AS JOINT CANDIDATES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The first paragraph of Section 7-11-20 of the 1976 Code
is amended to read:
"(A) Party conventions or party primary elections held
by political parties certified as such by the State Election Commission
under the provisions of this Title to nominate candidates for any of the
offices to be filled in a general or special election shall
must be conducted in accordance with the provisions of this
Title and in accordance with party rules not in conflict with the
provisions of this Title or of the Constitution and laws of this State or of
the United States.
(B) (1) A candidate nominated by primary must
select the nominee for Lieutenant Governor. The nominee for
Lieutenant Governor must be ratified by a majority vote of the following
individuals voting as a group:
(a) members of the Congressional Delegation
representing that political party;
(b) constitutional officers elected statewide
representing that political party; and
(c) the executive committee of that party.
(2) If the nominee for Lieutenant Governor is rejected,
the nominee for Governor must submit another nominee for Lieutenant
Governor. Those persons who receive their party's nomination for the
offices of Governor and Lieutenant Governor shall form a joint
candidacy and run as a single unit in the General Election. "
SECTION 2. Section 7-11-30 of the 1976 Code is amended to read:
"Section 7-11-30. (A) If a party nominates
candidates by conventions, the state convention shall nominate the
party's candidate for Governor, Lieutenant Governor after being
selected by the person receiving the nomination of the party for
Governor, and all other statewide officers and United Stated
Senators, members of Congress, and circuit solicitors, and the county
conventions shall nominate the party's candidates for all county offices.
(B) (1) The nominee for Lieutenant Governor
must be ratified by a majority vote of the following individuals voting
as a group:
(a) members of the Congressional Delegation representing
that political party;
(b) constitutional officers elected statewide
representing that political party; and
(c) the executive committee of that party.
(2) If the nominee for Lieutenant Governor is rejected,
the nominee for Governor must submit another nominee for Lieutenant
Governor. Those persons who receive their party's nomination for the
offices of Governor and Lieutenant Governor shall form a joint
candidacy and run as a single unit in the General Election.
(C) No convention shall make nominations for candidates for
offices unless the decision to use the convention method is reached by
a three-fourths vote of the total membership of the convention, except
the office offices of state State Senator
and of member of the House of Representatives. The nomination
of the party's candidates for the office offices of the
state State Senator and of member of the House of
Representative must be made in the manner determined by the state
committee.
(D) If a party determines that nomination for the
office offices of state State Senator and
of member of the House of Representatives must be by
convention, these nominations must be made by the state convention.
(E) No convention shall make nominations for one or more
offices at the convention and order primaries for other offices to be filled
during the same election year.
(F) Conventions for political parties not nominating
candidates in primaries may be called by state and county committees on
other dates than those given in this title for conventions after three
weeks' published notices of the calls.
(G) Any political party nominating candidates by party
convention shall nominate the party candidates and make the
nominations public not later than the time for certifying candidates to the
authority charged by law with preparing ballots for the general or special
election."
SECTION 3. Section 7-11-70 of the 1976 Code is amended to read:
"Section 7-11-70. A candidate's nominating petition for any
office in this State shall contain the signatures of at least five percent of
the qualified registered electors of the geographical area of the office for
which he offers as a candidate; provided, that no petition candidate is
required to furnish the signatures of more than ten thousand qualified
registered electors for any office. The official number of qualified
registered electors of the geographical area of any office must be the
number of registered electors of such area registered one hundred twenty
days prior to the date of the election for which the nomination petition
is being submitted.
Only one petition is required for the offices of Governor and
Lieutenant Governor pursuant to the requirements of this section. A
person who submits a nominating petition for either of these offices shall
include a nominee for Governor and Lieutenant Governor and if
certified the two nominees shall run as joint candidates.
The petition must be certified to the State Election Commission in the
case of national, state, circuit, and multicounty district offices; with the
county election commission in the case of countywide or less than
countywide offices with the exception of municipal offices; with the
clerk of a municipality in case of a municipal office, and the certified
petition shall constitute and be kept as a public record."
SECTION 4. Section 7-13-330 of the 1976 Code is amended to read:
"Section 7-13-330. The arrangement of general election
ballots containing the names of candidates for office shall conform as
nearly as possible to the following plan, with a column or columns
added in case of nomination by petition and a blank column added for
write-in votes, and shall contain the specified instructions there set forth
and no other:
GENERAL ELECTION OFFICIAL BALLOT
No. COUNTY, SOUTH CAROLINA
November , 19
Initials of Issuing Officer
OFFICIAL BALLOT
GENERAL ELECTION
County, South
Carolina
November , 19
Precinct
INSTRUCTIONS - To vote a straight party ticket, make a cross (X) in
the circle (O) under the name of your party. Nothing further
need is needed or should be done. To vote a mixed
ticket, or in other words for candidates of different parties, omit making
a cross (X) mark in the party circle at the top and make a cross (X) in the
voting square opposite the name of each candidate on the ballot for
whom you wish to vote. If you wish to vote for a candidate not on any
ticket, write or place the name of such candidate on your ticket opposite
the name of the office. Before leaving the booth, fold the ballot so that
the initials of the manager may be seen on the outside. Nomination by
Name of Party Name of Party Petition
Name of Office 0 0 0
STATE Governor Governor Governor
and Lt. and Lt. and Lt.
Governor Governor Governor
Governor []Name Names []Name
Names []Name Names
of of of
and Lt. Candidate Candidate Candidate
Governor Candidates Candidates Candidates
Lieutenant Lt. Governor Lt. Governor Lt.
Governor
Governor []Name of []Name of []Name of
Candidate Candidate Candidate
Secretary Sec. of State Sec. of State Sec. of State
of State []Name of []Name of []Name of
Candidate Candidate Candidate
CONGRES- U.S. Senator U.S. Senator U.S. Senator
SIONAL []Name of []Name of []Name of
Senator Candidate Candidate Candidate
Represen- U.S. Repre- U.S. Repre- U.S.Repre-
tative sentative sentative sentative
in Congress []Name of []Name of []Name of
District Candidate Candidate Candidate"
SECTION 5. The 1976 Code is amended by adding:
"Section 7-13-335. Nominees for the offices of Governor and
Lieutenant Governor, pursuant to Sections 7-11-20, 7-11-30, and by
petition pursuant to Section 7-11-70, must be placed on the ballot as
joint candidates under the names of the nominees' respective parties or
other specified designation, so that each voter shall cast a single vote for
a candidate for Governor and Lieutenant Governor."
SECTION 6. This act takes effect upon the ratification of the
amendment to Article 4, Section 8, of the Constitution of this State,
requiring the joint election of the Governor and Lieutenant Governor.
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