Current Status Introducing Body:Senate Bill Number:613 Primary Sponsor:Washington Committee Number:25 Type of Legislation:GB Subject:Judicial office candidate, appeal Residing Body:House Current Committee:Judiciary Date Tabled:Feb 18, 1992 Computer Document Number:613 Introduced Date:Feb 06, 1991 Date of Last Amendment:Jan 21, 1992 Last History Body:House Last History Date:Feb 18, 1992 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:Washington Type of Legislation:General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 613 House Feb 18, 1992 Tabled in Committee 25 613 House Jan 23, 1992 Introduced, read first time, 25 referred to Committee 613 Senate Jan 22, 1992 Read third time, sent to House 613 Senate Jan 21, 1992 Amended, read second time 613 Senate Jan 15, 1992 Committee Report: Favorable 11 with amendment 613 Senate Feb 06, 1991 Introduced, read first time, 11 referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
January 21, 1992
S. 613
S. Printed 1/21/92--S.
Read the first time February 6, 1991.
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.