Current Status Introducing Body:House Bill Number:3083 Ratification Number:138 Act Number:81 Primary Sponsor:Manly Type of Legislation:GB Subject:Special primary elections Date Bill Passed both Bodies:Apr 24, 1991 Computer Document Number:3083 Governor's Action:S Date of Governor's Action:May 27, 1991 Introduced Date:Jan 08, 1991 Last History Body:------ Last History Date:May 27, 1991 Last History Type:Act No. 81 Scope of Legislation:Statewide All Sponsors:Manly Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3083 ------ May 27, 1991 Act No. 81
3083 ------ May 27, 1991 Signed by Governor
3083 ------ May 21, 1991 Ratified R 138
3083 Senate Apr 24, 1991 Read third time, enrolled for
ratification
3083 Senate Apr 23, 1991 Read second time
3083 Senate Apr 17, 1991 Committee Report: Favorable 11
3083 Senate Jan 29, 1991 Introduced, read first time, 11
referred to Committee
3083 House Jan 23, 1991 Read third time, sent to
Senate
3083 House Jan 22, 1991 Read second time
3083 House Jan 17, 1991 Committee Report: Favorable 25
3083 House Jan 08, 1991 Introduced and read first 25
time, referred to Committee
3083 House Dec 12, 1990 Prefiled, referred to 25
Committee
View additional legislative information at the LPITS web site.
(A81, R138, H3083)
AN ACT TO AMEND SECTION 7-11-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHEN A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY WHEN THE NOMINEE WAS NOMINATED BY PARTY PRIMARY ELECTION AND TO REVISE CERTAIN ELECTION PROCEDURES CONTAINED IN THE SECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 7-11-55, SO AS TO REQUIRE A SPECIAL PRIMARY ELECTION TO FILL A VACANCY IN CASES WHERE A PARTY NOMINEE WHO WAS NOMINATED BY A PARTY PRIMARY ELECTION DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, AND TO PROVIDE FOR CERTAIN PROCEDURES AND ELECTION DATES IN REGARD TO THIS PROVISION.
Be it enacted by the General Assembly of the State of South Carolina:
Section not applicable where nominee selected by primary election; procedures revised
SECTION 1. Section 7-11-50 of the 1976 Code is amended to read:
"Section 7-11-50. If a party nominee who was nominated by a method other than party primary election dies, becomes disqualified after his nomination, or resigns his candidacy for a legitimate nonpolitical reason as defined in this section and sufficient time does not remain to hold a convention to fill the vacancy or to nominate a nominee to enter a special election, the respective state or county party executive committee may nominate a nominee for the office, who must be duly certified by the respective county or state chairman.
`Legitimate nonpolitical reason' as used in this section is limited to:
(a) reasons of health, which include any health condition which, in the written opinion of a medical doctor, would be harmful to the health of the candidate if he continued;
(b) family crises, which include circumstances which would substantially alter the duties and responsibilities of the candidate to the family or to a family business;
(c) substantial business conflict, which includes the policy of an employer prohibiting employees being candidates for public offices and an employment change which would result in the ineligibility of the candidate or which would impair his capability to carry out properly the functions of the office being sought.
A candidate who withdraws based upon a legitimate nonpolitical reason which is not covered by the inclusions in (a), (b) or (c) has the strict burden of proof for his reason. A candidate who wishes to withdraw for a legitimate nonpolitical reason shall submit his reason by sworn affidavit.
This affidavit must be filed with the state party chairman of the nominee's party and also with the election commission of the county if the office concerned is countywide or less including members of the General Assembly and with the State Election Commission if the office is statewide. No substitution of candidates is authorized, except for death or disqualification, unless the election commission to which the affidavit is submitted approves the affidavit as constituting a legitimate nonpolitical reason for the candidate's resignation within ten days of the date the affidavit is submitted to the commission. However, where this party nominee is unopposed each political party registered with the State Election Commission has the privilege of nominating a candidate for the office involved. If the nomination is certified two weeks or more before the date of the general election, that office is to be filled at the general election. If the nomination is certified less than two weeks before the date of the general election, that office must not be filled at the general election but must be filled in a special election to be held on the second Tuesday in the month following the election, provided that the date of the special election to be conducted after the general election may be combined with other necessary elections scheduled to occur within a twenty-eight day period in the manner authorized by Section 7-13-190(D)."
Substitution of candidates where nominee selected by primary election
SECTION 2. The 1976 Code is amended by adding:
"Section 7-11-55. If a party nominee dies, becomes disqualified after his nomination, or resigns his candidacy for a legitimate nonpolitical reason as defined in Section 7-11-50 and was selected through a party primary election, the vacancy must be filled in a special primary election to be conducted as provided in this section. The filing period for this special primary election opens the second Tuesday after the death, disqualification, or approval of the resignation for one week. The special primary election then must be conducted on the second Tuesday immediately following the close of the filing period. A runoff, if necessary, must be held two weeks after the first primary. The nomination must be certified not less than two weeks before the date of the general election. If the nomination is certified two weeks or more before the date of the general election, that office is to be filled at the general election.
If the nomination is certified less than two weeks before the date of the general election, that office must not be filled at the general election but must be filled in a special election to be held on the second Tuesday in the month following the election, provided that the date of the special election to be conducted after the general election may be combined with other necessary elections scheduled to occur within a twenty-eight day period in the manner authorized by Section 7-13-190(D).
The procedures for resigning a candidacy under this section for legitimate nonpolitical reasons are the same as provided in Section 7-11-50.
Where the party nominee was unopposed, each political party registered with the State Election Commission has the privilege of nominating a candidate for the office involved through a special primary election in the same manner and under the same procedures stipulated by this section."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1991.