Bill 251

                    Current Status

Bill Number:                    251
Ratification Number:            120
Act Number:                     63
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19970123
Primary Sponsor:                Lander
All Sponsors:                   Lander, Short, Courson, McConnell,
                                Leatherman, Moore, Rankin, Wilson,
                                Bryan and Martin 
Drafted Document Number:        jud6018.jal
Date Bill Passed both Bodies:   19970529
Governor's Action:              S
Date of Governor's Action:      19970610
Subject:                        Elections, protests; Executive
                                Committee to hear and decide for House
                                and Senate offices, State
                                Commission

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19970630  Act No. A63
------  19970610  Signed by Governor
------  19970604  Ratified R120
House   19970529  Read third time, enrolled for
                  ratification
House   19970528  Read second time
House   19970514  Committee report: majority               25 HJ
                  favorable, minority unfavorable
House   19970311  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19970306  Read third time, sent to House
Senate  19970305  Read second time
Senate  19970220  Committee report: Favorable              11 SJ
Senate  19970123  Introduced, read first time,             11 SJ
                  referred to Committee

(A63, R120, S251)

AN ACT TO AMEND SECTION 7-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTESTS AND CONTESTS, SO AS TO DELETE MEMBERS OF THE HOUSE OF REPRESENTATIVES FROM THE LIST OF OFFICERS WHO MUST FILE PROTESTS WITH THE CHAIRMAN OF THE COUNTY PARTY EXECUTIVE COMMITTEE; TO AMEND SECTION 7-17-530, RELATING TO HEARINGS BY A COUNTY PARTY EXECUTIVE COMMITTEE, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL PAY FOR THE COSTS OF THE COURT REPORTER AND TRANSCRIPTS OF THE HEARING AND TO FURTHER PROVIDE THAT A TRANSCRIPT MUST BE FILED WITH THE STATE EXECUTIVE COMMITTEE; TO AMEND SECTION 7-17-550, RELATING TO THE HEARING OF APPEALS BY THE STATE EXECUTIVE COMMITTEE, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL PAY FOR THE COSTS OF THE COURT REPORTER AND THE TRANSCRIPT OF THE HEARING; AND TO AMEND SECTION 7-17-560, RELATING TO THE HEARING OF CERTAIN PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT THE STATE EXECUTIVE COMMITTEE SHALL HEAR AND DECIDE PROTESTS AND CONTESTS FOR THE OFFICES OF STATE SENATE AND HOUSE OF REPRESENTATIVES.

Be it enacted by the General Assembly of the State of South Carolina:

Protests and contests, filing

SECTION 1. Section 7-17-520 of the 1976 Code is amended to read:

"Section 7-17-520. The protests and contests in the case of county officers and less than county officers shall be filed in writing with the chairman of the county party executive committee, together with a copy for each candidate in the race not later than noon Monday following the day of the declaration by the county committee of the result of the election. Service may be perfected by depositing with the county sheriff a copy of the protest for the chairman together with a sufficient number of copies to be served upon all candidates in the protested or contested race. The sheriff must take immediate steps to deliver these copies to the chairman. The protest must contain each ground for the protest stated separately and concisely. The chairman must forthwith serve upon each candidate in the protested race a copy of the protest, and serve a notice of the time and place of the meeting of the executive committee for the purpose of hearing the protest."

Hearing of protest or contest

SECTION 2. Section 7-17-530 of the 1976 Code is amended to read:

"Section 7-17-530. The executive committee shall hear the protest or contest on Thursday following the deadline for filing the protest or contest. Testimony at the hearing of the protest shall be limited to the grounds stated in the written protest.

The protestant and each other candidate in the protested race have the right to be present at the hearing set by the committee, to be represented by counsel, to examine and cross-examine witnesses, and to produce evidence relevant to the grounds of protest.

The chairman of the committee must conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this State. The chairman has authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing on the protests, the committee shall determine all issues by majority vote and forthwith certify the results of the election. The State Election Commission shall pay for the costs of the court reporter and the transcript of the hearing. This transcript must be filed with the appropriate state executive committee no later than 10:00 a.m. Saturday next following the decision of the county executive committee.

The committee must remain in session until a conclusion has been reached. All candidates in the protested or contested race and the chairman of the state executive committee must be immediately notified of the decision."

State Executive Committee, hearing

SECTION 3. Section 7-17-550 of the 1976 Code is amended to read:

"Section 7-17-550. The state executive committee must meet in Columbia not later than twelve noon on Saturday next following the filing of any notice perfected under Section 7-17-540 for the purpose of hearing appeals. The appellant and each other candidate in the protested race have the right to be present at the hearing, to be represented by counsel, and to be heard on the merits of the appeal. The state committee is bound by the facts as determined by the county committee. However, if in the opinion of at least eighteen members of the state committee the facts should be reviewed, then a hearing de novo must be held by the state committee. In the event of a review of the facts, the state committee may receive any new evidence or exhibits as it in its discretion considers necessary to determine the appeal. The state committee must remain in session until all appeals have been disposed of. The State Election Commission shall pay for the costs of the court reporter and the transcript of the hearing."

State Executive Committee, hearing

SECTION 4. Section 7-17-560 of the 1976 Code is amended to read:

"Section 7-17-560. The state executive committee must meet in Columbia at such place as may be designated by the chairman to hear and decide protests and contests that may arise in the case of federal officers, state officers, State Senate, State House of Representatives, and officers involving more than one county. Any protest or contest must be filed in writing with the chairman of the committee, together with a copy for each candidate in the race, not later than noon on Monday following the canvassing of the votes for these officers by the committee. However, service upon the chairman may be perfected by depositing at the office of the Chief of the State Law Enforcement Division a copy of the protest, together with a copy for each candidate in the race. The chief must take immediate steps to deliver these copies to the chairman. The protest must contain each ground thereof stated separately and concisely. The chairman of the committee must forthwith serve upon each candidate in the protested race a copy of the protest and serve a notice of the time and place of the meeting of the committee for the purposes of hearing the protest."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Approved the 10th day of June, 1997.