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S. 644
STATUS INFORMATION
General Bill
Sponsors: Senators Elliott, Ford, Matthews and Patterson
Document Path: l:\council\bills\gjk\20269sd05.doc
Introduced in the Senate on March 22, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Supreme Court and Circuit Court
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/22/2005 Senate Introduced and read first time SJ-5
3/22/2005 Senate Referred to Committee on Judiciary SJ-5
3/24/2005 Senate Referred to Subcommittee: Moore (ch), Ford, Mescher,
Rankin, Scott
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1175 SO AS TO ESTABLISH TIME LINES AND PROCEDURES FOR THE CIRCUIT COURT AND THE SUPREME COURT TO FOLLOW WHEN CONSIDERING ELECTION APPEALS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-1175. (A) In election appeals which are made to the circuit court with an appeal directly to the Supreme Court, the following time lines and procedures apply notwithstanding any other provision of law or court rule to the contrary:
( 1) the notice of the appeal to the circuit court must be served and filed within ten days of the decision of the election commission, board of canvassers, or executive committee;
( 2) the circuit court hearing must be held within thirty days after the notice of appeal is filed;
( 3) the circuit court in a hearing on the record and not de novo shall rule within thirty days after conclusion of the hearing;
( 4) a petition for rehearing must be filed and served within ten days of the circuit court's decision;
( 5) if the petition for rehearing is granted, the circuit court must decide the rehearing within thirty days of granting the petition for rehearing;
( 6) notice of appeal to the Supreme Court must be filed and served within ten days after the final decision by the circuit court;
( 7) the Supreme Court's oral argument must be held if granted or the briefs and replies completed if oral argument is not granted within thirty days after the notice of appeal is filed;
( 8) the Supreme Court shall rule within thirty days after conclusion of the oral arguments or within thirty days after the final briefs and replies are filed if oral arguments are not granted;
( 9) petitions for rehearing must be filed and served within ten days of the Supreme Court's decision;
(10) if the petition for rehearing is granted, the Supreme Court must decide the rehearing within thirty days of granting the petition for rehearing.
(B) In election appeals which are made directly to the Supreme Court from the board of canvassers, election commission, or executive committee, the following times and procedures apply notwithstanding any other provision of law or court rule to the contrary:
(1) the notice of appeal to the Supreme Court must be served and filed within ten days of the decision by the board of canvassers, election commission, or executive committee;
(2) the Supreme Court's oral argument must be held if granted or the briefs and replies completed if oral argument is not granted within thirty days after the notice of appeal is filed;
(3) the Supreme Court shall rule within thirty days after conclusion of the oral arguments or within thirty days after the final briefs and replies are filed if oral arguments are not granted;
(4) petitions for rehearing must be filed and served within ten days of the Supreme Court's decision;
(5) if the petition for rehearing is granted, the Supreme Court must decide the rehearing within thirty days of granting the petition for rehearing."
SECTION 2. This act takes effect upon approval by the Governor.
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