2005-2006 Bill 176: Electors for Vice-President and President - South Carolina Legislature

1 South Carolina General Assembly 2 116th Session, 2005-2006 3 4 S. 176 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Leventis and Ford 10 Document Path: l:\council\bills\dka\3053dw05.doc 11 12 Introduced in the Senate on January 11, 2005 13 Currently residing in the Senate Committee on Judiciary 14 15 Summary: Electors for vice-president and president 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 12/15/2004 Senate Prefiled 22 12/15/2004 Senate Referred to Committee on Judiciary 23 1/11/2005 Senate Introduced and read first time SJ-166 24 1/11/2005 Senate Referred to Committee on Judiciary SJ-166 25 2/4/2005 Senate Referred to Subcommittee: Martin (ch), Malloy, Campsen, Williams 26 27 28 VERSIONS OF THIS BILL 29 30 12/15/2004 31 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 7-19-70, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO THE CANDIDATES FOR 13 ELECTORS OF THE PRESIDENT AND THE VICE 14 PRESIDENT SO AS TO SPECIFY THAT THERE MUST BE 15 EIGHT CANDIDATES, TWO TO BE APPOINTED AT-LARGE 16 AND SIX TO BE APPOINTED TO REPRESENT THE SIX 17 CONGRESSIONAL DISTRICTS OF THE STATE; TO 18 REQUIRE THAT THE HIGHEST NUMBER OF VOTES 19 STATEWIDE CONSTITUTES ELECTION OF THE TWO 20 AT-LARGE PRESIDENTIAL ELECTORS FOR THAT PARTY 21 OR PETITION CANDIDATE AND THAT THE HIGHEST 22 NUMBER OF VOTES IN A CONGRESSIONAL DISTRICT 23 CONSTITUTES ELECTION OF THE CONGRESSIONAL 24 DISTRICT PRESIDENTIAL ELECTOR OF THAT PARTY OR 25 PETITION CANDIDATE; AND TO REPEAL SECTION 7-19-80 26 RELATING TO THE ELECTOR’S DECLARATION OF THE 27 CANDIDATE FOR WHOM HE WILL VOTE. 28 29 Be it enacted by the General Assembly of the State of South 30 Carolina: 31 32 SECTION 1. Section 7-19-70 of the 1976 Code is amended to 33 read: 34 35 “Section 7-19-70. Unless otherwise provided, the election of 36 presidential electors shall must be conducted and the returns made 37 in the manner prescribed by this chapter for the election of state 38 officers. 39 There must be eight candidates for electors of the President and 40 the Vice President. Two of the candidates must be appointed at 41 large, with the remaining six to be representative of the six 42 congressional districts of the State. The names of candidates for

1 [176] 1 1 electors of President and Vice President nominated by any political 2 party recognized in this State under Section 7-9-10 or by a valid 3 petition shall must be filed with the Secretary of State but shall 4 must not be printed on the ballot. In place of their names, in 5 accordance with the provisions of Section 7-13-320, there shall 6 must be printed on the ballot the names of the candidates for 7 President and Vice President of each political party recognized in 8 this State and the names of any petition candidates for President 9 and Vice President. A vote for the candidates named on the ballot 10 shall be a vote for the electors of the party by which those 11 candidates were nominated or the electors of petition candidates 12 whose names have been filed with the Secretary of State. Receipt 13 by the presidential electors for a party of the highest number of 14 votes statewide constitutes election of the two at - large presidential 15 electors for that party or petition candidate. Receipt by the 16 presidential electors of a party of the highest number of votes in a 17 congressional district constitutes election of the congressional 18 district presidential elector of that party or petition candidate. 19 Upon receipt of the certified determination of the Board of State 20 Canvassers and delivered to him in accordance with Section 21 7-17-300, the Secretary of State, under his hand and the seal of his 22 office, as required by Section 7-17-310, shall certify to the 23 Governor the names of the persons elected to the office of elector 24 for President and Vice President of the United States as stated in 25 the certified determination, who shall be are deemed appointed as 26 electors. 27 It shall be is the duty of the Governor, as soon as practicable 28 after the conclusion of the appointment of the electors pursuant to 29 the laws of the State providing for the election and appointment of 30 the electors, to communicate by registered mail under the seal of 31 the State to the Administrator of General Services a certificate of 32 appointment of the electors, setting forth the names of the electors. 33 and the canvass or other ascertainment under the laws of this State 34 of the number of votes given or cast for each person for whose 35 appointment any and all votes have been given or cast. It shall 36 also thereupon be is the duty of the Governor to deliver to the 37 electors of the State, on or before the day on which they are 38 required by law to meet, six duplicate originals of the same 39 certificate under the seal of the State. If there shall have been any 40 is a final determination in the manner provided for by law of a 41 controversy or contest concerning the appointment of all or any of 42 the electors, it shall be is the duty of the Governor, as soon as 43 practicable after the determination, to communicate under the seal

1 [176] 2 1 of the State to the Administrator of General Services a certificate 2 of that determination.” 3 4 SECTION 2. Section 7-19-80 of the 1976 Code is repealed. 5 6 SECTION 3. This act takes effect upon approval by the 7 Governor. 8 ----XX---- 9

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