Indicates Matter Stricken

Indicates New Matter

Committee Report

February 22, 2023

S. 405

Introduced by Senators Campsen and Kimbrell

S. Printed 02/22/23--S.

Read the first time January 18, 2023

________

The committee on Senate Judiciary

To who was referred a Bill (S. 405) to amend the South Carolina Code of Laws by amending Section 7-19-70, relating to certificates of ascertainment of appointment of electors, so as to require the, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

LUKE RANKIN for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill requires the Governor to transmit to the Archivist of the United States a certificate of ascertainment of appointment of electors at least six days before the meeting of the electors. The bill also changes the timing for electors to meet from the first Monday to the first Tuesday after the second Wednesday in December following appointment. The bill further revises the manner of disposition of certificates of ascertainment of appointment of electors. Currently, two certificates of ascertainment must be delivered to the Secretary of State of South Carolina. The bill deletes this requirement and specifies that two sets of certificates must be sent to the Executive Director of the State Election Commission. One of these certificates must be preserved by the Executive Director of the State Election Commission for one year and must be open to public inspection.

State Election Commission. This bill will have no expenditure impact on the State Election Commission as it requires the agency to perform activities within the normal course of business.

Office of the Governor. We anticipate that this bill will have no expenditure impact on the Office of the Governor since we expect that the agency will be able to manage the responsibilities within the normal course of business. We will update this impact if the Office of the Governor provides a different response.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 7-19-70, RELATING TO CERTIFICATES OF ASCERTAINMENT OF APPOINTMENT OF ELECTORS, SO AS TO REQUIRE THE GOVERNOR TO TRANSMIT TO THE ARCHIVIST OF THE UNITED STATES A CERTIFICATE OF ASCERTAINMENT OF APPOINTMENT OF ELECTORS AT LEAST SIX DAYS BEFORE THE MEETING OF THE ELECTORS; BY AMENDING SECTION 7-19-90, RELATING TO THE MEETING OF ELECTORS, SO AS TO REVISE THE TIME FIXED FOR THE MEETING; AND BY AMENDING SECTION 7-19-100, RELATING TO THE DISPOSITION OF CERTIFICATES OF ASCERTAINMENT OF APPOINTMENT OF ELECTORS, SO AS TO REVISE THE MANNER OF DISPOSITION.

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

SECTION 1.   Section 7-19-70 of the S.C. Code is amended to read:

   Section 7-19-70.   (A) Unless otherwise provided, the election of presidential electors shall be conducted and the returns made in the manner prescribed by this chaptertitle for the election of state officers.

   (B) The names of candidates for electors of President and Vice President nominated by any political party recognized in this State under Section 7-9-10 or by a valid petition shall be filed with the Secretary of State but shall not be printed on the ballot. In place of their names, in accordance with the provisions of Section 7-13-320, there shall be printed on the ballot the names of the candidates for President and Vice President of each political party recognized in this State and the names of any petition candidates for President and Vice President. A vote for the candidates named on the ballot shall be a vote for the electors of the party by which those candidates were nominated or the electors of petition candidates whose names have been filed with the Secretary of State.

   (C) Upon receipt of the certified determination of the Board of State Canvassers and delivered to him in accordance with Section 7-17-300, the Secretary of State, under his hand and the seal of his office, as required by Section 7-17-310, shall certify to the Governor the names of the persons elected to the office of elector for President and Vice President of the United States as stated in the certified determination, who shall be deemed appointed as electors.

   (D) It shall be the duty of the Governor, as soon as practicable after the conclusion of the appointment of the electors pursuant to the laws of the State providing for the election and appointmentat least six days before the time fixed for the meeting of the electors, to communicatetransmit by registered mail under the seal of the State to the Administrator of General ServicesArchivist of the United States by the most expeditious method available a certificate of ascertainment of appointment of the electors,. The certificate must bear the seal of the State, contain at least one security feature, and settingset forth the names of the electors appointed and the canvass or other ascertainmentdetermination under the laws of this State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast. It shall also thereupon be the duty of the Governor to delivertransmit to the electors of the State, on or before the day on which they are required by law to meet, six duplicate originalsduplicate-originals of the same certificate under the seal of the State.

   (E) If there shall have been any final determination in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors, it shall be the duty of the Governor, as soon as practicable after the determination, to communicate under the seal of the State to the Administrator of General Services a certificate of such determinationAny certificate of ascertainment of appointment of electors required to be issued or revised by any State or Federal judicial relief granted prior to the date of the meeting of electors shall replace and supersede any other certificates submitted pursuant to this section.

SECTION 2.   Section 7-19-90 of the S.C. Code is amended to read:

   Section 7-19-90.   (A) The electors for President and Vice President shall convene at the capitol, in the office of the Secretary of State, at eleven in the forenoon, on the first MondayTuesday after the second Wednesday in December next following their appointment, and shall proceed to effect a permanent organization by the election of a president and secretary from their own body. The electors shall next proceed to fill by ballot and by plurality of votes all vacancies in the electoral college occasioned by the death, refusal to serve, or neglect to attend, of any elector. The electors shall then and there vote by ballot for President and Vice President, one of whom at least shall not be an inhabitant of the same State with themselves.

   (B) The electors shall make and sign six certificates of all the votes given by them for President and Vice President, each of which certificates shall contain two distinct lists, one of the votes for President and the other for Vice President, and shall annex to each of the certificates of votes one of the lists of the electorscertificates of ascertainment of appointment of electors which shall have been furnished to them by the Secretary of State by direction of the Governor.

   (C) The electors shall seal up separately the certificates of votes and lists of the electors so made by them, together with the annexed certificates of ascertainment of appointment of electors, and certify upon each that the list of all the votes of the State given for President, and of all of the votes given for Vice President, are contained therein.

SECTION 3.   Section 7-19-100 of the S.C. Code is amended to read:

   Section 7-19-100.   (A) The electors shall immediately dispose oftransmit at the same time and by the most expeditious method available the certificates of votes so made by them, and the lists attached thereto in the following mannertogether with the annexed certificates of ascertainment of appointment of electors, as follows:

      First. (1) They shall forthwith forward by registered mail one of the certificates and listsOne set shall be sent to the to the President of the Senate of the United States at the seat of government.

      Second. (2) Two sets of the certificates and lists shall be delivered to the Secretary of State of South Carolinashall be sent to the executive director of the State Election Commission, one of which shall be held subject to the order of the President of the Senate of the United States, and the other shallto be preserved by himby the executive director of the State Election Commission for one year and shall be a part of the public records of his officethe State Election Commission and shall be open to public inspection.

      Third. (3) On the day thereafter they shall forward by registered mail two of the certificates and lists to the Administrator of General Services at the seat of government, one of which shall be held subject to the order of the President of the SenateTwo sets shall be sent to the Archivist of the United States at the seat of government.

      Fourth. (4) They shall forthwith cause the other of the certificates and lists to be deliveredOne set shall be sent to the judge of the district in which the electors shall have assembled.

SECTION 4.   This act takes effect upon approval by the Governor.

----XX----