S 13 Session 111 (1995-1996)
S 0013 General Bill, By Wilson, Courson, Giese and M.T. Rose
Similar(H 3491)
A Bill to amend Sections 7-13-40 and 7-13-50, both as amended, and Section
7-17-600, Code of Laws of South Carolina, 1976, relating to party primary
elections conducted by the State Election Commission, so as to require that
the nominee is the candidate receiving the most votes cast in excess of forty
percent the percentage of voters voting in a primary required to nominate a
candidate, and provide that second primaries must be held when no candidate
receives forty percent or more of the vote; and to repeal Section 7-17-610
relating to the determination of a majority vote.
09/19/94 Senate Prefiled
09/19/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-13
01/10/95 Senate Referred to Committee on Judiciary SJ-13
A BILL
TO AMEND SECTIONS 7-13-40 AND 7-13-50, BOTH AS
AMENDED, AND SECTION 7-17-600, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARY
ELECTIONS CONDUCTED BY THE STATE ELECTION
COMMISSION, SO AS TO REQUIRE THAT THE NOMINEE IS
THE CANDIDATE RECEIVING THE MOST VOTES CAST IN
EXCESS OF FORTY PERCENT OF THE VOTES CAST FOR
THE OFFICE, REDUCE FROM A MAJORITY TO FORTY
PERCENT THE PERCENTAGE OF VOTERS VOTING IN A
PRIMARY REQUIRED TO NOMINATE A CANDIDATE, AND
PROVIDE THAT SECOND PRIMARIES MUST BE HELD
WHEN NO CANDIDATE RECEIVES FORTY PERCENT OR
MORE OF THE VOTE; AND TO REPEAL SECTION 7-17-610
RELATING TO THE DETERMINATION OF A MAJORITY
VOTE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 7-13-40 of the 1976 Code, as last
amended by Section 134, Part II, Act 497 of 1994, is further
amended to read:
"Section 7-13-40. In the event that If a
party nominates candidates by party primary, a party primary must
be held by the party and conducted by the State Election
Commission and the respective county election commissions on the
second Tuesday in June of each general election year and a second
and third primary each two weeks successively thereafter, if
necessary. The nominee is the candidate receiving the most
votes in excess of forty percent of the votes cast for the office for
which the candidate offered. If no candidate receives at least forty
percent of the votes in the first primary as required by Section
7-17-600, a second primary must be held. Certification of the
names of all candidates to be placed on primary ballots must be
made by the political party chairman, vice chairman, or secretary to
the State Election Commission or the county election commission,
whichever is responsible under law for preparing the ballot, not
later than twelve o'clock noon on May first, or if May first falls on
a Sunday, not later than twelve o'clock noon on the following
Monday. The filing fees for all candidates filing to run in all
primaries, except municipal primaries, must be transmitted by the
respective political parties to the State Election Commission and
placed by the executive director of the commission in a special
account designated for use in conducting the primaries and must be
used for that purpose. The filing fee for each office is one percent
of the total salary for the term of that office or one hundred dollars,
whichever amount is greater."
SECTION 2. Section 7-13-50 of the 1976 Code, as last
amended by Act 253 of 1992, is further amended to read:
"Section 7-13-50. (A) 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. 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.
(B) (1) 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.
(2) 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.
(C) Other primaries, if necessary, must be ordered in a
similar manner by the county election commission or the State
Election Commission, as appropriate."
SECTION 3. Section 7-17-600 of the 1976 Code is amended to
read:
"Section 7-17-600. No candidate shall be declared
nominated in a first primary election unless he received a
majority A candidate may not be declared nominated unless
he receives the most votes cast in excess of forty percent of the
votes cast for the office for which he was a candidate. The
question of a majority percentage vote shall
must be determined by the number of votes cast for
any a particular office and not by the whole number
of votes cast in the primary."
SECTION 4. Section 7-17-610 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the
Governor.
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