Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 28, 2007
S. 99
S. Printed 3/28/07--S.
Read the first time January 9, 2007.
To whom was referred a Bill (S. 99) to amend Sections 7-11-20 and 7-13-15, Code of Laws of South Carolina, 1976, relating to party conventions and party primary elections conducted, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTIONS 7-11-20 AND 7-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PREFERENCE PRIMARIES, THAT THE STATE COMMITTEE OF THE PARTY SET THE DATE AND THE FILING REQUIREMENTS FOR THE PRESIDENTIAL PREFERENCE PRIMARIES, TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING PRIMARIES, AND TO ESTABLISH THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND TO ALLOW TAXPAYERS TO CONTRIBUTE TO THE COST OF CONDUCTING THE PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS; TO AMEND SECTION 7-11-25, RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES, SO AS TO DELETE THE REFERENCES TO PRESIDENTIAL PREFERENCE PRIMARIES; AND TO AMEND SECTION 12-6-5060, RELATING TO VOLUNTARY CONTRIBUTIONS TO CERTAIN FUNDS THAT MAY BE DESIGNATED ON TAX RETURNS, SO AS TO PROVIDE THAT CONTRIBUTIONS MAY BE MADE TO THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-11-20 of the 1976 Code is amended to read:
"Section 7-11-20. (A) Except as provided in subsection (B), Party party conventions or party primary elections held by political parties certified as such by the State Election Commission under pursuant to the provisions of this Title title to nominate candidates for any of the offices to be filled in a general or special election shall must be conducted in accordance with the provisions of this Title title and in accordance with party rules not in conflict with the provisions of this Title title or of the Constitution and laws of this State or of the United States.
(B) A If the state committee of a certified political party wishing decides to hold a presidential preference primary election, may do so the State Election Commission must conduct the presidential preference primary in accordance with the provisions of this title and party rules. However, notwithstanding any other provision of this title, (1) the State Election Commission and the authorities responsible for conducting the elections in each county shall provide for cost effective measures in conducting the presidential preference primaries including, but not limited to combining polling places, while ensuring that voters have adequate notice and access to the polling places; and (2) the state committee of the party shall set the date and the hours that the polls will be open for the presidential primary election and the filing requirements, including the filing fee, for the presidential preference primary election. Any filing fee set by a party must be remitted to the South Carolina Presidential Preference Primary Fund to defray the cost of conducting the presidential preference primaries. If a party holds sets the date of a presidential preference primary election on a Saturday, an absentee ballot must be provided to a person who signs an affirmation stating that for religious reasons he does not wish to take part in the electoral process on a Saturday.
(C) The South Carolina Presidential Preference Primary Fund is established for use by the South Carolina Election Commission in the manner the General Assembly provides to defray the cost of conducting the presidential preference primaries. A taxpayer may contribute to the fund by designating the contribution on his tax return as provided in Section 12-6-5060. The Department of Revenue must transfer the appropriate amount to the fund at the earliest possible time. Revenues from the South Carolina Presidential Preference Primary Fund carry forward into succeeding fiscal years and earnings of the funds must be credited to the fund."
SECTION 2. Section 7-13-15 of the 1976 Code is amended to read:
"Section 7-13-15. (A)(1) Except for This section does not apply to municipal primaries,.
(2) This section does not apply to presidential preference primary elections for the Office of President of the United States, which are provided for in Section 7-11-20(B).
(B) all primaries for national offices, excluding the Office of President and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year. Except as provided in subsection (A) or unless otherwise specifically provided for by statute or ordinance, the following primaries must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year:
(1) primaries for national offices, excluding the presidential preference primaries for the Office of President of the United States, which are provided for in Section 7-11-20(B); and
(2) primaries for:
(a) state offices;
(b) offices including more than one county;
(c) countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees; and
(d) special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices."
SECTION 3. Section 7-11-25 of the 1976 Code is amended to read:
"Section 7-11-25. Nothing in this act nor any other provision of law may be construed as prohibiting the political parties in this State from conducting, advisory primaries according to their own rules and at the party's expense, presidential preference or advisory primaries."
SECTION 4. Section 12-6-5060 of the 1976 Code is amended to read:
"Section 12-6-5060. (A)(1) By designating the contribution on the return, Each each taxpayer required to file a state individual income tax return may contribute to:
(a) the War Between the States Heritage Trust Fund established pursuant to Section 51-18-115,;
(b) the Nongame Wildlife and Natural Areas Program Fund established pursuant to Section 50-1-280,;
(c) the Children's Trust Fund of South Carolina established pursuant to Section 20-7-5010,;
(d) the Eldercare Trust Fund of South Carolina established pursuant to Section 43-21-160, or;
(e) the First Steps to School Readiness Fund established pursuant to Section 20-7-9740,;
(f) the South Carolina Military Family Relief Fund established pursuant to Article 3, Chapter 11 of Title 25,;
(g) the Gift of Life Trust Fund of South Carolina established pursuant to Section 44-43-1310,;
(h) the Veterans' Trust Fund of South Carolina established pursuant to Chapter 21 of Title 25,;
(i) the South Carolina Litter Control Enforcement Program (SCLCEP) and used by the Governor's Task Force on Litter only for the SCLCEP Program,;
(j) the South Carolina Law Enforcement Assistance Program (SCLEAP) and used as provided in Section 23-3-65,;
(k) the South Carolina Department of Parks, Recreation and Tourism for use in the South Carolina State Park Service in the manner the General Assembly provides,;
(l) K-12 public education for use in the manner the General Assembly provides by law,;
(m) the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60, or;
(n) the Financial Literacy Trust Fund as established pursuant to Section 59-29-510, by designating the contribution on the return; or
(o) the South Carolina Presidential Preference Primary Fund established pursuant to Section 7-11-20(C) for use by the South Carolina Election Commission in the manner the General Assembly provides.
(2) The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated.
(B) All South Carolina individual income tax return forms must contain a designation for the above contributions. The instructions accompanying the income tax form must contain a description of the purposes for which the funds were established and the use of monies from the income tax contribution.
(C) The department shall determine and report at least annually to the appropriate agency administering the fund or in the case of the Children's Trust Fund to the fund the total amount of contributions designated to the above funds. The department shall must transfer the appropriate amount to each fund at the earliest possible time. The incremental cost of administration of the contribution must be retained by the department from the contributions before any funds are expended as provided in this section.
(D) The Department of Natural Resources shall make a report to the General Assembly as early in January of each year as may be practicable, which must include the amount of revenue produced by the contributions and a detailed accounting of expenditures from the Nongame Wildlife and Natural Areas Fund.
(E) For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, of Title 33.
(F) Revenues from the South Carolina Litter Control Enforcement Program Fund, and the South Carolina Law Enforcement Assistance Program Fund, and the South Carolina Presidential Preference Primary Fund carry forward into succeeding fiscal years and earnings of the funds must be credited to them."
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
LARRY A. MARTIN for Committee.
TO AMEND SECTIONS 7-11-20 AND 7-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PRIMARIES AND THAT THE STATE COMMITTEE OF THE PARTY SET THE DATE AND THE FILING REQUIREMENTS FOR THE PRESIDENTIAL PRIMARIES AND TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING PRIMARIES; AND TO REPEAL SECTION 7-11-25 RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-11-20 of the 1976 Code is amended to read:
"Section 7-11-20. (A) Except as provided in subsection (B), Party party conventions or party primary elections held by political parties certified as such by the State Election Commission under pursuant to the provisions of this Title title to nominate candidates for any of the offices to be filled in a general or special election shall must be conducted in accordance with the provisions of this Title title, and in accordance with party rules not in conflict with the provisions of this Title title or of the Constitution and laws of this State or of the United States.
(B) A If the state committee of a certified political party wishing decides to hold a presidential primary election, may do so the State Election Commission must conduct the primary in accordance with the provisions of this Title title and party rules. However, notwithstanding any other provision of this Title title, the state committee of the party shall set the date and the hours that the polls will be open for the presidential primary election and the filing requirements for the presidential primary election. If a party holds sets the date of a presidential primary election on a Saturday, an absentee ballot must be provided to a person who signs an affirmation stating that for religious reasons he does not wish to take part in the electoral process on a Saturday."
SECTION 2. Section 7-13-15 of the 1976 Code is amended to read:
"Section 7-13-15. (A)(1) Except for This section does not apply to municipal primaries,.
(2) This section does not apply to primary elections for the Office of President of the United States, which are provided for in Section 7-11-20(B).
(B) all primaries for national offices, excluding the Office of President and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year. Except as provided in subsection (A) or unless otherwise specifically provided for by statute or ordinance, the following primaries must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year:
(1) primaries for national offices, excluding the Office of President of the United States; and
(2) primaries for:
(a) state offices;
(b) offices including more than one county;
(c) countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees; and
(d) special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices."
SECTION 3. Section 7-11-25 of the 1976 Code is repealed.
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 3:12 P.M.