South Carolina General Assembly
116th Session, 2005-2006

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A256, R270, H3721

STATUS INFORMATION

General Bill
Sponsors: Reps. Talley and Harrison
Document Path: l:\council\bills\dka\3249dw05.doc
Companion/Similar bill(s): 700

Introduced in the House on March 9, 2005
Introduced in the Senate on February 7, 2006
Last Amended on March 28, 2006
Passed by the General Assembly on April 5, 2006
Governor's Action: April 8, 2006, Signed

Summary: Substitution of a candidate when nominee dies, becomes disqualified or resigns

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    3/9/2005  House   Introduced and read first time HJ-8
    3/9/2005  House   Referred to Committee on Judiciary HJ-8
   1/31/2006  House   Committee report: Favorable Judiciary HJ-2
    2/1/2006  House   Read second time HJ-36
    2/2/2006  House   Read third time and sent to Senate HJ-14
    2/7/2006  Senate  Introduced and read first time SJ-11
    2/7/2006  Senate  Referred to Committee on Judiciary SJ-11
    2/7/2006  Senate  Referred to Subcommittee: Martin (ch), Malloy, Campsen, 
                        Williams
   3/22/2006  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-21
   3/28/2006  Senate  Amended SJ-75
   3/28/2006  Senate  Read second time SJ-75
   3/29/2006  Senate  Read third time and returned to House with amendments 
                        SJ-19
    4/5/2006  House   Concurred in Senate amendment and enrolled HJ-27
    4/6/2006          Ratified R 270
    4/8/2006          Signed By Governor
   4/12/2006          Copies available
   4/12/2006          Effective date 01/01/07
   4/26/2006          Act No. 256

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/9/2005
1/31/2006
3/22/2006
3/28/2006


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A256, R270, H3721)

AN ACT TO AMEND SECTION 7-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE THE PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION REVIEWS THE WITHDRAWAL OF A CANDIDATE IN A MULTI-COUNTY ELECTION OR AN ELECTION FOR A MEMBER OF THE GENERAL ASSEMBLY.

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

Review of withdrawal of candidate

SECTION    1.    The last paragraph of Section 7-11-50 of the 1976 Code, as last amended by Act 81 of 1991, is further amended to read:

"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 and with the State Election Commission if the office is statewide, multi-county, or for a member of the General Assembly. A substitution of candidates is not 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)."

Time effective

SECTION    2.    This act takes effect January 1, 2007.

Ratified the 6th day of April, 2006.

Approved the 8th day of April, 2006.

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