BIL:4393

TYP:General Bill GB

INB:House

IND:20000111

PSP:Jennings

SPO:Jennings, Bales

DDN:l:\council\bills\pt\1753dw00.doc

RBY:Senate

COM:Judiciary Committee 11 SJ

SUB:Elections, write-in candidates, ballots; candidate to declare candidacy and office he's seeking for votes to count

HST:

BodyDateAction DescriptionComLeg Involved

______

Senate20000406Introduced, read first time,11 SJ

referred to Committee

House20000405Read third time, sent to Senate

House20000404Read second time

House20000329Committee report: Favorable25 HJ

House20000111Introduced, read first time,25 HJ

referred to Committee

House20000105Prefiled, referred to Committee25 HJ

Versions of This Bill

Revised on 20000329

TXT:

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 29, 2000

H.4393

Introduced by Reps.Jennings and Bales

S. Printed 3/29/00--H.

Read the first time January 11, 2000.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H.4393), to amend the Code of Laws of South Carolina, 1976, by adding Section 713365 so as to provide that a writein candidate must file a declaration stating that he is a write-in candidate, etc., respectfully

REPORT:

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

JAMES H. HARRISON, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The State Election Commission forecasts no fiscal impact to the General Fund of the State should this proposed legislation be approved.

Approved By:

Don Addy

Office of State Budget

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A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 713365 SO AS TO PROVIDE THAT A WRITEIN CANDIDATE MUST FILE A DECLARATION STATING THAT HE IS A WRITEIN CANDIDATE, AS WELL AS THE OFFICE HE IS SEEKING, IN ORDER TO HAVE ANY WRITEIN VOTES CAST FOR HIM COUNTED AND REPORTED AND PROVIDE AN EXCEPTION; AND TO AMEND SECTION 713360, RELATING TO WRITEIN NAMES ON A BALLOT, SO AS TO REQUIRE THAT WRITEIN CANDIDATES COMPLY WITH THE REQUIREMENTS OF SECTION 713365.

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

SECTION1.The 1976 Code is amended by adding:

“Section 713365.(A)If a person seeks election to any state or county office in this State by writein vote, the person must file a declaration stating:

(1)that he is a writein candidate; and

(2)the office he is seeking.

(B)This declaration, required by subsection (A), must be filed with the authority charged by law with the responsibility for conducting the election not later than 5:00 p.m., two weeks before the election. No writein vote for this writein candidate may be counted or reported unless the declaration required by this section is filed as provided. A person who offers as a candidate for nomination by political party, primary, or convention who fails to obtain this nomination is not eligible to be elected by writein vote.

(C)The provisions of this section do not apply in a general election when no candidate offers for a seat when the deadline for filing for that seat has passed. A writein candidate may be elected under the provisions of this subsection if he receives twenty percent of the votes cast for that office.”

SECTION2.Section 713360 of the 1976 Code is amended to read:

“Section 713360.The ballots shall also must contain a place for voters to write in the name of any other person for whom they wish to vote except on ballots for the election of the President and Vice President. No writein vote for state or county office may be counted or reported unless the person for whom the vote is cast complies with the requirements of Section 713365.”

SECTION3.This act takes effect upon approval by the Governor.

XX

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