A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 7-11-5 SO AS TO REQUIRE PRIMARY ELECTIONS FOR COUNTY, STATE, AND FEDERAL OFFICES, EXCEPT FOR PRESIDENT AND VICE PRESIDENT, TO BE CONDUCTED AS NONPARTISAN OPEN PRIMARY ELECTIONS IN WHICH THE TWO CANDIDATES RECEIVING THE HIGHEST NUMBER OF VOTES ADVANCE TO THE GENERAL ELECTION; BY AMENDING SECTION 7-11-10, RELATING TO METHODS OF NOMINATING CANDIDATES, SO AS TO REPLACE REFERENCES TO POLITICAL PARTY PRIMARIES AND CONVENTIONS WITH THE CONDUCTing OF A NONPARTISAN OPEN PRIMARY; BY AMENDING SECTION 7-11-15, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO ALLOW ALL PERSONS SEEKING NOMINATION VIA NONPARTISAN OPEN PRIMARY TO FILE A STATEMENT OF INTENTION OF CANDIDACY ACCOMPANIED BY EITHER A FILING FEE OR A NOMINATING PETITION, AND TO PROVIDE THAT WRITE-IN CANDIDACIES ARE PERMITTED FOR ANY OFFICE ON THE NONPARTISAN OPEN PRIMARY BALLOT, BUT NOT ON THE GENERAL ELECTION BALLOT; BY AMENDING SECTION 7-13-40, RELATING TO THE CONDUCT OF PARTY PRIMARIES, SO AS TO REPLACE REFERENCES TO POLITICAL PARTY PRIMARIES WITH NONPARTISAN OPEN PRIMARY, TO PROVIDE THAT ALL CANDIDATES FOR AN OFFICE TO BE VOTED ON IN THE NONPARTISAN OPEN PRIMARY ARE LISTED ON A SINGLE BALLOT REGARDLESS OF POLITICAL PARTY AFFILIATION, IF ANY, AND TO ALLOW A CANDIDATE TO CHOOSE TO HAVE A PARTY WITH WHICH HE AFFILIATES DESIGNATED BY HIS NAME ON THE BALLOT; BY AMENDING SECTION 7-13-330, RELATING TO FORM OF GENERAL ELECTION BALLOTS, SO AS TO MAKE CONFORMING CHANGES AND REMOVE INSTRUCTIONS REGARDING STRAIGHT TICKET VOTING; BY AMENDING SECTION 7-13-350, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO CLARIFY THAT THE TOP TWO VOTE EARNERS FOR AN OFFICE FROM THE NONPARTISAN OPEN PRIMARY ARE TO BE CERTIFIED FOR INCLUSION ON THE GENERAL ELECTION BALLOT; BY AMENDING SECTION 7-13-351, RELATING TO NOMINEES BY PETITION, SO AS TO CLARIFY THE DEADLINES FOR SUBMITTING NOMINATING PETITIONS WITH REGARDS TO THE NONPARTISAN OPEN PRIMARY AS OPPOSED TO THE GENERAL ELECTION; BY AMENDING SECTION 7-13-360, RELATING TO PLACE ON BALLOT FOR WRITE-IN NAMES, SO AS TO REQUIRE SUCH PLACES ON NONPARTISAN OPEN PRIMARY BALLOTS, BUT NOT ON GENERAL ELECTION BALLOTS; BY AMENDING SECTION 7-13-610, RELATING TO PRIMARY BALLOT SPECIFICATIONS, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 7-13-611, RELATING TO ARRANGEMENT OF OFFICIAL COUNTY AND STATE PRIMARY BALLOTS, SO AS TO MAKE CONFORMING CHANGES; BY REPEALING SECTION 7-11-30 RELATING TO CONVENTION NOMINATION OF CANDIDATES, SECTION 7-11-210 RELATING TO PARTY PLEDGE FILING REQUIREMENTS, AND SECTION 7-13-50 RELATING TO SECOND AND OTHER PRIMARIES.

 

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

 

SECTION 1.  Article 1, Chapter 11, Title 7 of the S.C. Code is amended by adding:

 

    Section 7-11-5.  (A) Notwithstanding any other provision of law, nominations for candidates to be voted on in a general or special election must be by nonpartisan open primary.

    (B) All candidates for county, multicounty, legislative, state, and federal offices, except for president and vice president, must be listed on a single primary election ballot regardless of political party affiliation, if any. Provided, a candidate in a nonpartisan open primary may choose to have his political party affiliation designated on the ballot. Designation of political party affiliation by a candidate does not constitute or imply the nomination, endorsement, or selection of the candidate by the party designated.

    (C) Every eligible voter, regardless of political party affiliation, if any, may participate in the primary. Each voter may vote for one candidate for each office on the primary ballot.

    (D) The two candidates who receive the highest number of votes for an office in the primary advance to the general election, and no other names may appear on the general election ballot for that office.

 

SECTION 2.  Section 7-11-10 of the S.C. Code is amended to read:

 

    Section 7-11-10. (A) Nominations for candidates for the county, multicounty, legislative, state, and federal offices, other than president and vice president, to be voted on in a general or special election may must be by political partythrough the conduct of a nonpartisan, open primary, by political party convention, or by petition; in which only the top two vote earners for each office, regardless of political party affiliation, are nominated to appear on the general election ballot.

    (B)  however, aA person who was defeated as a candidate for nomination to an office in a party primary or party convention must not have his name placed on the ballot for the ensuing general or special election, except that this section does not prevent a defeated candidate from later becoming his party's nominee for that office in that election if the candidate first selected as the party's nominee dies, resigns, is disqualified, or otherwise ceases to become the party's nominee for that office before the election is held.

    (B)(C) A candidate must not file more than one statement of intention of candidacy for a single office for the same election.

    (C) A candidate must not be nominated by more than one political party for a single office for the same election.

 

SECTION 3.  Section 7-11-15 of the S.C. Code is amended to read:

 

    Section 7-11-15. (A) In order to qualify as a candidate to run in the general election, all any candidatesperson seeking nomination by political party primary or political party convention must file a statement of intention of candidacy and party pledge and submit any filing feesaccompanied by either the appropriate filing fee or a nominating petition between noon on March sixteenth and noon on March thirtieth as provided in this section. If March thirtieth is on a Saturday or Sunday, the time for filing extends to the next regular business day. For purposes of this section and Section 7-13-45, "next regular business day" means a day that is not a Saturday, Sunday, or legal holiday.

       (1) Except as otherwise provided in this section, candidates seeking nomination for a statewide, congressional, or district office that includes more than one county must file their statements of intention of candidacy, and party pledge and submit any and filing fees or nominating petitions with the State Election Commission.

       (2) Candidates seeking nomination for the State Senate or House of Representatives must file their statements of intention of candidacy and party pledge and submit any and filing fees or nominating petitions with the State Election Commission or county board of voter registration and elections in the county of their residence. The state executive committees must certify candidates pursuant to Section 7-13-40.

       (3) Candidates seeking nomination for a countywide or less than countywide office shall file their statements of intention of candidacy and party pledge and submit any filing fees or nominating petitions with the county board of voter registration and elections in the county of their residence.

    (B) Except as provided in this section, the board of voter registration and elections with whom the documents in subsection (A) are filed must provide a copy of all statements of intention of candidacy, the party pledge, receipt and filing fees, to the appropriate political party executive committee within two days following the deadline for filing. If the second day falls on Saturday, Sunday, or a legal holiday, the statement of intention of candidacy, party pledge, and filing fee must be filed by noon the following day that is not a Saturday, Sunday, or legal holiday. A candidate's name may not appear on athe primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if (1) the candidate's statement of intention of candidacy and party pledge has not been filed with the county board of voter registration and elections or State Election Commission, as the case may be, as well as any filing fee or nominating petition, by the deadline and (2) the candidate has not been certified by the appropriate political partycounty board of voter registration and elections or by the State Election Commission as required by Sections 7-13-40, 7-13-350, or 7-13-351, as applicable. The candidate's name must appear if the candidate produces the signed and dated copy of his timely filed statement of intention of candidacy. An error or omission by a person seeking to qualify as a candidate pursuant to this section who is not directly related to a constitutional or statutory qualification for that office must be construed in a manner that favors the person's access to the ballot.

    (C) The statement of intention of candidacy required in this section and in Section 7-13-190(B) must be on a form designed and provided by the State Election Commission. This form, in addition to all other information, must contain an affirmation that the candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. The candidate or his agent must file a signed statement of intention of candidacy and the election commission with whom it is filed must stamp the statement with the date and time received, keep the original statement, and provide a copy to the candidate, and provide a copy to the appropriate political party executive committee.

    (D) The candidate or his agent must file a signed party pledge, as required pursuant to Section 7-11-210, and the election commission with which it is filed must stamp the party pledge with the date and time received, provide a copy to the candidate, and provide a copy to the appropriate political party executive committee.

    (E)(D) The election commission with which the filing fee is filed must issue a receipt for the filing fee, stamp the receipt with the date and time the filing fee was received, and provide a copy to the candidate or his agent, and provide a copy to the appropriate political executive party. The filing feefees must be made payable to the appropriate political partyretained and expended by the State Election Commission to pay for the conduct of primary elections.

    (F) If, after the closing of the time for filing the documents required pursuant to this section, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved;  however, for the office of State House of Representatives or State Senator, the discretion must be exercised by the state committee.

    (G) The county chairman of a political party and the chairman of the state executive committee of a political party may designate a person to observe the filings made at the election commission pursuant to this section.

    (H)(E) The county board of voter registration and elections or State Election Commission, as applicable, with which a candidate files his statement of intention of candidacy and filing fee or petition must verify the qualifications of each potential candidate prior to certifying that candidate to be placed on the primary ballot.

    (F) Write-in candidates must be allowed to compete in the nonpartisan open primary for nomination to any office included therein, and write-in votes for these offices must be allowed and counted. A write-in candidate who receives the first or second highest number of votes for an office in the nonpartisan open primary is nominated to advance to the general election. Provided, under no other circumstances are write-in candidacies or votes permitted in the general election for offices which nominate through the nonpartisan open primary.

    (G) The provisions of this section do not apply to nonpartisan school trustee elections in a school district where local law provisions provide for other dates and procedures for filing statements of candidacy or petitions, and to the extent the provisions of this section and the local law provisions conflict, the local law provisions control.

 

SECTION 4.  Section 7-13-40 of the S.C. Code is amended to read:

 

    Section 7-13-40. In the event that a party nominates candidates by party primary, a party(A) A  nonpartisan open primary must be held by the party and conducted by the State Election Commission and the respective county boards of voter registration and elections on the second Tuesday in June of each general election year in which all candidates for an office are listed on a single ballot regardless of political party affiliation or lack thereof, and a second and third primary each two weeks successively thereafter, if necessary. A candidate may choose to have a political party with which he affiliates designated by his name on the ballot. Provided, this designation does not imply the candidate is the nominee of that party, endorsed by that party, or otherwise approved of by that party.

    (B) 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 board of voter registration and elections whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on 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 The appropriate election commission or board 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. A political partyThe appropriate election commission or board must not certify 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 has filed, 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 partiescounty board of voter registration and elections 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 5.  Section 7-13-330 of the S.C. Code is amended to read:

 

    Section 7-13-330.  The arrangement of general election ballots containing the names of candidates for office must conform as nearly as possible to the following plan, with a column or columns added in case of nomination by petition and a blank column added for write-in votes, and must contain the specified instructions there set forth and no other:

GENERAL ELECTION OFFICIAL BALLOT

No. _______ _____________ COUNTY, SOUTH CAROLINA

November ____ , ______

_______________

Initials of Issuing Officer

OFFICIAL BALLOT

GENERAL ELECTION

___________ ___________ County, South Carolina

November ____ , ______

Precinct ___________

    INSTRUCTIONS-To vote a straight party ticket, make a cross (X) in the circle (O) under the name of your party. Nothing further need or should be done. To vote, a mixed ticket, or in other words for candidates of different parties or petition candidates, omit making a cross (X) mark in the party circle at the top and make a cross (X) in the voting square ☐ opposite the name of each candidate on the ballot for whom you wish to vote. If you wish to vote for a candidate not on any ticket, write or place the name of such candidate on your ticket opposite the name of the office. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside of the ballot. The designation of a political party by a candidate's name means that candidate chooses to affiliate with that political party, and does not imply the political party has endorsed, nominated, or otherwise approves of the candidate.

_________________________________________________________________________________

                                                                                                                   Nomination by

Names of Office           Name of Party                  Name of Party              Petition

                                        0                                      0

_________________________________________________________________________________

STATE                            Governor                         Governor                      Governor

Governor                         ☐ Name of                       ☐ Name of                    ☐ Name of

                                        Candidate                        Candidate                    Candidate

_________________________________________________________________________________

Lieutenant                       Lieut. Governor                Lieut. Governor            Lieut. Governor

Governor                         ☐ Name of                       ☐ Name of                    ☐ Name of

                                        Candidate                        Candidate                    Candidate

_________________________________________________________________________________

Secretary of                      Sec. of State                     Sec. of State                 Sec. of State

State                                ☐ Name of                       ☐ Name of                    ☐ Name of

                                        Candidate                        Candidate                    Candidate

_________________________________________________________________________________

Secretary of                      Sec. of State                     Sec. of State                 Sec. of State

State                                ☐ Name of                       ☐ Name of                    ☐ Name of

                                        Candidate                        Candidate                    Candidate

_________________________________________________________________________________

CONGRES-                     U.S. Senator                     U.S. Senator                 U.S. Senator

SIONAL                          ☐ Name of                       ☐ Name of                    ☐ Name of

                                        Candidate                        Candidate                    Candidate

_________________________________________________________________________________

Representative-            U.S. Repre-                      U.S. Repre-                  U.S. Repre-

in Congress                      sentative                          sentative                      sentative

District                            ☐ Name of                       ☐ Name of                    ☐ Name of

                                        Candidate                        Candidate                    Candidate 

 

SECTION 6.  Section 7-13-350 of the S.C. Code is amended to read:

 

    Section 7-13-350.  (A) Except as otherwise provided in this section, the nominees in a party primary or party convention held under the provisions of this title by any political party certified by the commission for one or more of the offices, national, state, circuit, multi-county multicountydistrict, countywide, less than countywide, or municipal to be voted on in the general election, held on the first Tuesday following the first Monday in November, must be placed upon the appropriate ballot for the election as candidates nominated by the votersparty by the authority charged by law with preparing the ballot if the names of the nominees are certified as the top two vote earners from the primary, in writing, by the political party chairman, vice-chairman, or secretary to the authority, for general elections held under Section 7-13-10, not later than twelve o'clock noon on August fifteenth or, if August fifteenth falls on Saturday or Sunday, not later than twelve o'clock noon on the following Monday;.  and for a special or municipal general election, by at least twelve o'clock noon on the sixtieth day prior to the date of holding the election, or if the sixtieth day falls on Sunday, by twelve o'clock noon on the following Monday. Political parties nominating candidates by primary or convention must verify the qualifications of those candidates prior to certification to the authority charged by law with preparing the ballot. The written certification 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 the office for which he has filed. 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 he has filed shall not be nominated and certified, and such candidate's name shall not be placed on a general, special, or municipal election ballot.

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

 

SECTION 7.  Section 7-13-351 of the S.C. Code is amended to read:

 

    Section 7-13-351.  (A) Any nominee by petition for one or more of the national, state, circuit, multi-countymulticounty district, or countywide, or less than countywide offices, to be voted on in the general electionnonpartisan, open primary must be placed upon the appropriate primary ballot by the officer, commissioners, or other authority charged by law with preparing the ballot if the petition is submitted to the officer, commissioner, or other authority, as the case may be, for general elections held under Section 7-13-10, not later than twelve o'clock noon on July February fifteenth or, if July February fifteenth falls on Saturday or Sunday, not later than twelve o'clock noon on the following Monday. At the time the petition is submitted, the authority charged with accepting it shall issue a receipt to the person submitting the petition which must reflect the date it was submitted and the total number of signatures contained in the petition. The county board of voter registration and elections of each respective county must check the petition at the request of the authority charged with printing the ballot for that office and must certify the results to the authority not later than twelve o'clock noon August March fifteenth or, if August March fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday.

    (B)(1) The petition of any candidate in any special election, including municipal special elections, must be submitted to the authority charged with printing the ballot for those offices not later than twelve o'clock noon on the sixtieth day prior to the date of the holding of the election, or if the sixtieth day falls on Sunday, by not later than twelve o'clock noon on the following Monday. At the time a petition is submitted, the authority charged with accepting it must issue a receipt to the person submitting the petition which must reflect the date the petition was submitted and the total number of signatures contained in the petition. The candidate submitting the petition must certify, on a form designed and provided by the State Election Commission, that he meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. The board of voter registration and elections of each respective county must check the petition at the request of the authority charged with printing of the ballots for that office and must certify the results thereof to the authority not later than twelve o'clock noon on the forty-fifth day prior to the date of holding the election, or if the forty-fifth day falls on Sunday, by twelve o'clock noon on the following Monday.

        (2) Once submitted for verification, a petition for nomination of a candidate for any office may not be returned to the petitioner, but must be retained by the authority to whom the petition was submitted and must become a part of the records of the election for which the petition was submitted.

    (C) In the event of an emergency declared by the Governor and the conditions precipitating the emergency declaration prevent a candidate from filing the nominating petition within the time required by this section, the candidate has an additional five days to submit the nominating petition to the appropriate office.

    (D) The authority to whom a petition is submitted must verify that qualifications of each potential petition candidate prior to certification of that candidate to be placed on the ballot. The written certification 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 the office for which the petition is submitted. 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 sought shall not have his name placed on the ballot.

 

SECTION 8.  Section 7-13-360 of the S.C. Code is amended to read:

 

    Section 7-13-360.  The ballots for nonpartisan open primaries shall also contain a place for voters to write in the name of any other person for whom they wish to vote, except on general election ballots for the electionoffices which include only the top two vote earners from the nonpartisan open primary, or for of the President and Vice President.

 

SECTION 9.  Section 7-13-610(A) of the S.C. Code is amended to read:

 

    (A) The State Election Commission and the respective county boards of voter registration and elections shall prepare separate ballots for each political party holding a single primary ballot for all candidates for county, multicounty, legislative, state, and federal offices. The ballots ballot for each party must contain in print only the names of the candidates who have filed to run in that particular party the primary and must have a stub at the top perforated so as to be easily detached.  On the stub must be printed "Official state (or county) Ballot, (name of party) Primary," the name of the county and the precinct, and the date of the primary.  On the right side there must be a blank line under which must be printed "Initials of Issuing Officer." Stubs on ballots for each precinct must be numbered consecutively, beginning with "No. 1." The ballots must be furnished by the State Election Commission for all except members of the General Assembly, county officers, less than county officers, and circuit solicitors, for which the county board of voter registration and elections shall furnish the ballots.  One ballot must contain the names of all persons in alphabetical order running for state and federal offices.  The other ballot must contain, in alphabetical order, the names of all persons running for the General Assembly, county offices, less than county officers, and solicitors.

 

SECTION 10. Section 7-13-611 of the S.C. Code is amended to read:

 

    Section 7-13-611.  The arrangement of each "Official County Ballot" for each the primary, containing the names of candidates for office, must conform as nearly as practicable to the following plan and contain specified instructions and no others:

OFFICIAL COUNTY BALLOT, _____________________ PRIMARY

(NAME OF PARTY)

___________________ COUNTY, SOUTH CAROLINA

NO: _______            ______________ ______________

                      Initials of Issuing Officer

__________________________, 1920 _______

                                            (DATE OF ELECTION)

                                                      ___________________________

                                                          (NAME OF PRECINCT)

           OFFICIAL COUNTY BALLOT, _____________________ PRIMARY

                                                                 (NAME OF PARTY)

                         ___________________ COUNTY, SOUTH CAROLINA

___________________________ , 19 20_______

    (DATE OF ELECTION)

___________________________

(NAME OF PRECINCT)

INSTRUCTIONS -                         Make a cross (X) in the voting square ☐ opposite the name of each candidate on the ballot for whom you wish to vote.  Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside.

_________________________________________________________________________________

You may vote for one, less than one, but not more than one candidate._

_________________________________________________________________________________

SHERIFF                                                                    ONE SEAT TO FILL

                                                                               ☐ (NAME OF CANDIDATE)

                                                                               ☐ (NAME OF CANDIDATE)

                                                                               ☐ (NAME OF CANDIDATE)

You may vote for three, less than three, but not more than three candidates.

COUNTY COUNCIL                                              THREE SEATS TO FILL

                                                                            ☐     (NAME OF CANDIDATE)

                                                                            ☐     (NAME OF CANDIDATE)

                                                                            ☐     (NAME OF CANDIDATE)

                                                                            ☐     (NAME OF CANDIDATE)

                                                                            ☐     (NAME OF CANDIDATE)

                                                                            ☐     (NAME OF CANDIDATE)

 

    Each "Official State Ballot" similarly must conform to the plan set forth in this section.

    The State Election Commission is hereby empowered to promulgate such rules and regulations under Chapter 23, of Title 1 as are necessary for the arrangement of the official county ballot.

 

SECTION 11. Sections 7-11-30, 7-11-210, and 7-13-50 of the S.C. Code are repealed.

 

SECTION 12. This act takes effect upon approval by the Governor.

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