South Carolina General Assembly
120th Session, 2013-2014

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Indicates Matter Stricken
Indicates New Matter

S. 37

STATUS INFORMATION

General Bill
Sponsors: Senators Campsen, Scott and Ford
Document Path: l:\s-res\gec\021elec.hm.gec.docx

Introduced in the Senate on January 8, 2013
Introduced in the House on April 17, 2013
Last Amended on April 11, 2013
Currently residing in the House Committee on Judiciary

Summary: Elections

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/13/2012  Senate  Prefiled
  12/13/2012  Senate  Referred to Committee on Judiciary
    1/8/2013  Senate  Introduced and read first time (Senate Journal-page 44)
    1/8/2013  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 44)
   3/15/2013  Senate  Referred to Subcommittee: Campsen (ch), Scott, Young
   4/10/2013  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 17)
   4/11/2013  Senate  Committee Amendment Adopted (Senate Journal-page 18)
   4/11/2013  Senate  Read second time (Senate Journal-page 18)
   4/11/2013  Senate  Roll call Ayes-41  Nays-0 (Senate Journal-page 18)
   4/12/2013          Scrivener's error corrected
   4/16/2013  Senate  Read third time and sent to House 
                        (Senate Journal-page 21)
   4/17/2013  House   Introduced and read first time (House Journal-page 15)
   4/17/2013  House   Referred to Committee on Judiciary 
                        (House Journal-page 15)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/13/2012
4/10/2013
4/11/2013
4/12/2013

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

April 11, 2013

S. 37

Introduced by Senators Campsen and Ford

S. Printed 4/11/13--S.    [SEC 4/12/13 3:33 PM]

Read the first time January 8, 2013.

            

A BILL

TO AMEND SECTION 7-13-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE OF GENERAL, MUNICIPAL, SPECIAL, AND PRIMARY ELECTIONS, TO CHANGE THE TIME IN WHICH ABSENTEE BALLOTS MAY BE OPENED FROM 2:00 P.M. TO 9:00 A.M., AND TO PROVIDE FOR A DATE ON WHICH AN ELECTION WILL BE HELD IN THE EVENT THAT IT IS POSTPONED; TO AMEND SECTION 7-13-40, RELATING TO THE TIME OF PARTY PRIMARY, CERTIFICATION OF NAMES, VERIFICATION OF CANDIDATES' QUALIFICATIONS, AND THE FILING FEE, TO CHANGE THE DATE FROM APRIL NINTH TO APRIL FIFTH; TO AMEND SECTION 7-13-190, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, TO ADD A SUBSECTION THAT PROVIDES FOR THE DATE OF AN ELECTION WHEN THE GOVERNOR DECLARES A STATE OF EMERGENCY FOR A JURISDICTION; AND TO AMEND SECTION 7-13-350, RELATING TO THE CERTIFICATION OF CANDIDATES AND VERIFICATION OF QUALIFICATIONS, TO CHANGE THE CERTIFICATION DATE FOR CANDIDATES FOR PRESIDENT AND VICE PRESIDENT FROM SEPTEMBER TENTH TO THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY OF SEPTEMBER.

Amend Title To Conform

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

SECTION    1.    Section 7-13-35 of the 1976 Code is amended to read:

"Section 7-13-35.    (A)    The authority charged by law with conducting an election must publish two notices of general, municipal, special, and primary elections held in the county in a newspaper of general circulation in the county or municipality, as appropriate. Included in each notice must be a reminder of the last day persons may register to be eligible to vote in the election for which notice is given, notification of the date, time, and location of the hearing on ballots challenged in the election, a list of the precincts involved in the election, the location of the polling places in each of the precincts, and notification that the process of examining the return-addressed envelopes containing absentee ballots may begin at 2:00 p.m.9:00 a.m. on election day at a place designated in the notice by the authority charged with conducting the election. The first notice must appear not later than sixty days before the election and the second notice must appear not later than two weeks after the first notice.

(B)    In the event the election is postponed, the election shall be held on the first Tuesday after the originally scheduled election day."

SECTION    2.    Section 7-13-40 of the 1976 Code is amended to read:

"Section 7-13-40.    In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year, and a second and third primary each two weeks successively thereafter, if necessary. Written certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on April ninth, or if April ninth April fifth, or if April fifth falls on a Saturday or Sunday, not later than twelve o'clock noon on the following Monday. Political parties nominating candidates by party primary must verify the qualifications of those candidates prior to certification to the appropriate election commission of the names of candidates to be placed on primary ballots. The written verification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for office for which he has filed. Political parties must not accept the filing of any candidate who does not or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office for which the candidate desires to file, and such candidate's name shall not be placed on a primary ballot. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting primary elections and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."

SECTION    3.    Section 7-13-190 of the 1976 Code is amended by adding:

"(F)    In the event the Governor declares a state of emergency covering an entire jurisdiction holding an election, the election shall be postponed and held on the following Tuesday. This subsection does not apply to statewide primaries and general elections, unless the state of emergency declaration covers the entire State."

SECTION    4.    Section 7-13-350(B) of the 1976 Code is amended to read:

"(B)    Candidates for President and Vice President must be certified not later than twelve o'clock noon on September tenth the first Tuesday following the first Monday in September to the State Election Commission, or if September tenth falls on Sunday, not later than twelve o'clock noon on the following Monday."

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

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This web page was last updated on April 18, 2013 at 9:30 AM