1 South Carolina General Assembly 2 119th Session, 2011-2012 3 4 S. 391 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Campsen, Scott and Rose 10 Document Path: l:\s-jud\bills\campsen\jud0073.ssp.docx 11 Companion/Similar bill(s): 3392 12 13 Introduced in the Senate on January 19, 2011 14 Introduced in the House on February 22, 2011 15 Last Amended on May 3, 2012 16 Currently residing in the House 17 18 Summary: Absentee ballots 19 20 21 HISTORY OF LEGISLATIVE ACTIONS 22 23 Date Body Action Description with journal page number 24 1/19/2011 Senate Introduced and read first time ( Senate Journalpage 5) 25 1/19/2011 Senate Referred to Committee on Judiciary ( Senate Journalpage 5) 26 1/28/2011 Senate Referred to Subcommittee: Campsen (ch), Cleary, Scott 27 2/16/2011 Senate Committee report: Favorable Judiciary ( Senate Journalpage 15) 28 2/17/2011 Scrivener's error corrected 29 2/17/2011 Senate Read second time ( Senate Journalpage 9) 30 2/17/2011 Senate Roll call Ayes41 Nays0 ( Senate Journalpage 9) 31 2/22/2011 Senate Read third time and sent to House ( Senate Journalpage 10) 32 2/22/2011 House Introduced and read first time ( House Journalpage 16) 33 2/22/2011 House Referred to Committee on Judiciary ( House Journalpage 16) 34 5/18/2011 House Committee report: Favorable with amendment Judiciary ( House Journalpage 64) 35 5/19/2011 Scrivener's error corrected 36 5/24/2011 House Debate adjourned ( House Journalpage 70) 37 5/24/2011 House Debate adjourned until Wednesday, May 25, 2011 ( House Journalpage 111) 38 5/25/2011 House Amended ( House Journalpage 75) 39 5/25/2011 House Read second time ( House Journalpage 75) 40 5/25/2011 House Roll call Yeas111 Nays0 ( House Journalpage 75) 41 5/26/2011 House Read third time and returned to Senate with amendments ( House Journalpage 6) 42 6/1/2011 Senate House amendment amended ( Senate Journalpage 161) 43 6/1/2011 Senate Roll call Ayes39 Nays1 ( Senate Journalpage 161) 44 6/1/2011 Senate Returned to House with amendments ( Senate Journalpage 161) 45 6/2/2011 House Continued ( House Journalpage 72) 46 6/2/2011 House Roll call Yeas64 Nays38 ( House Journalpage 72) 47 6/2/2011 House Motion noted Rep. Clemmons moved to reconsider the vote whereby the Bill was 48 continued ( House Journalpage 100) 49 6/15/2011 House Motion to reconsider tabled ( House Journalpage 288) 50 1/11/2012 House Debate adjourned on Senate amendments until Thur., 011212 (House 51 Journalpage 32) 52 1/12/2012 House Recommitted to Committee on Judiciary ( House Journalpage 133) 53 4/18/2012 House Committee report: Favorable with amendment Judiciary ( House Journalpage 7) 54 4/19/2012 Scrivener's error corrected 1 4/24/2012 House Requests for debateRep(s). Loftis, Corbin, Barfield, Dilliard, Nanny, Sandifer, 2 Hamilton, Hardwick, Hearn, Gilliard, Stavrinakis, Hayes, Branham, Hosey, GR 3 Brow, Anderson, Whipper, Jefferson, Williams, Brantley, JH Neal, McEachern, 4 Govan ( House Journalpage 85) 5 4/24/2012 House Objection by Rep. Sellers, King ( House Journalpage 85) 6 4/26/2012 House Debate adjourned ( House Journalpage 85) 7 4/26/2012 House Debate interrupted ( House Journalpage 142) 8 5/2/2012 House Debate adjourned ( House Journalpage 74) 9 5/3/2012 House Debate adjourned ( House Journalpage 52) 10 5/3/2012 House Amended ( House Journalpage 53) 11 5/3/2012 House Read second time ( House Journalpage 53) 12 5/3/2012 House Roll call Yeas63 Nays39 ( House Journalpage 56) 13 5/8/2012 House Recommitted to Committee on Judiciary ( House Journalpage 28) 14 5/17/2012 House Reconsidered ( House Journalpage 31) 15 5/17/2012 House Debate adjourned until Tues., 052212 ( House Journalpage 32) 16 5/22/2012 House Read third time and returned to Senate with amendments ( House Journalpage 31) 17 5/29/2012 Senate Returned to House; Third Degree Amendment Rejected ( Senate Journalpage 95) 18 19 20 VERSIONS OF THIS BILL 21 22 1/19/2011 23 2/16/2011 24 2/17/2011 25 5/18/2011 26 5/19/2011 27 5/25/2011 28 6/1/2011 29 4/18/2012 30 4/19/2012 31 5/3/2012 32 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 AMENDED 5 May 3, 2012 6 7 S. 391 8 9 Introduced by Senators Campsen, Scott and Rose 10 11 S. Printed 5/3/12--H. 12 Read the first time February 22, 2011. 13 14

[391-3] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 71335, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO THE NOTICE OF 13 GENERAL, MUNICIPAL, SPECIAL, AND PRIMARY 14 ELECTIONS, SO AS TO CHANGE THE TIME IN WHICH 15 ABSENTEE BALLOTS MAY BE OPENED FROM 2:00 P.M. 16 TO 9:00 A.M., AND TO PROVIDE FOR A DATE ON WHICH 17 AN ELECTION WILL BE HELD IN THE EVENT THAT IT IS 18 POSTPONED; TO AMEND SECTION 71340, RELATING TO 19 THE TIME OF PARTY PRIMARY, CERTIFICATION OF 20 NAMES, VERIFICATION OF CANDIDATES’ 21 QUALIFICATIONS, AND THE FILING FEE, SO AS TO 22 CHANGE THE DATE FROM APRIL NINTH TO APRIL FIFTH; 23 TO AMEND SECTION 713190, RELATING TO SPECIAL 24 ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO 25 ADD A SUBSECTION THAT PROVIDES FOR THE DATE OF 26 AN ELECTION WHEN THE GOVERNOR DECLARES A 27 STATE OF EMERGENCY FOR A JURISDICTION; AND TO 28 AMEND SECTION 713350, RELATING TO THE 29 CERTIFICATION OF CANDIDATES AND VERIFICATION OF 30 QUALIFICATIONS, SO AS TO CHANGE THE 31 CERTIFICATION DATE FOR CANDIDATES FOR 32 PRESIDENT AND VICE PRESIDENT FROM SEPTEMBER 33 TENTH TO THE FIRST TUESDAY FOLLOWING THE FIRST 34 MONDAY OF SEPTEMBER. 35 Amend Title To Conform 36 37 Be it enacted by the General Assembly of the State of South 38 Carolina: 39 40 SECTION 1. Section 71335 of the 1976 Code, as last amended by 41 Act 434 of 1996, is further amended to read: 42

[391] 4 1 “Section 71335. The authority charged by law with conducting 2 an election must publish two notices of general, municipal, special, 3 and primary elections held in the county in a newspaper of general 4 circulation in the county or municipality, as appropriate. Included 5 in each notice must be a reminder of the last day persons a person 6 may register to be eligible to vote in the election for which notice 7 is given, the date the makeup election will be held if the originally 8 scheduled election must be postponed due to inclement weather or 9 other emergency, notification of the date, time, and location of the 10 hearing on ballots challenged in the election, a list of the precincts 11 involved in the election, the location of the polling places in each 12 of the precincts, and notification that the process of examining the 13 returnaddressed envelopes containing absentee ballots may begin 14 at 2:00 p.m. 9:00 a.m. on election day at a place designated in the 15 notice by the authority charged with conducting the election. The 16 first notice must appear not later than sixty days before the election 17 and the second notice must appear not later than two weeks after 18 the first notice.” 19 20 SECTION 2. Section 71340 of the 1976 Code, as last amended by 21 Act 236 of 2000, is further amended to read: 22 23 “Section 71340. In the event that a party nominates candidates 24 by party primary, a party primary must be held by the party and 25 conducted by the State Election Commission and the respective 26 county election commissions on the second Tuesday in June of 27 each general election year, and a second and third primary each 28 two weeks successively thereafter, if necessary. Written 29 certification of the names of all candidates to be placed on primary 30 ballots must be made by the political party chairman, vice 31 chairman, or secretary to the State Election Commission or the 32 county election commission, whichever is responsible under law 33 for preparing the ballot, not later than twelve o’clock noon on 34 April ninth fifth, or if April ninth fifth falls on a Saturday or 35 Sunday, not later than twelve o’clock noon on the following 36 Monday. Political parties nominating candidates by party primary 37 must verify the qualifications of those candidates prior to 38 certification to the appropriate election commission of the names 39 of candidates to be placed on primary ballots. The written 40 verification required by this section must contain a statement that 41 each candidate certified meets, or will meet by the time of the 42 general election, or as otherwise required by law, the qualifications 43 for office for which he has filed. Political parties must not accept

[391] 5 1 the filing of any a candidate who does not, or will not by the time 2 of the general election, or as otherwise required by law, meet the 3 qualifications for the office for which the candidate desires to file, 4 and such the candidate’s name shall must not be placed on a 5 primary ballot. The filing fees for all candidates filing to run in all 6 primaries, except municipal primaries, must be transmitted by the 7 respective political parties to the State Election Commission and 8 placed by the executive director of the commission in a special 9 account designated for use in conducting primary elections and 10 must be used for that purpose. The filing fee for each office is one 11 percent of the total salary for the term of that office or one hundred 12 dollars, whichever amount is greater.” 13 14 SECTION 3. Section 713190 of the 1976 Code, as last amended 15 by Act 3 of 2003, is further amended by adding: 16 17 “(F) In the event the Governor declares a state of emergency 18 covering an entire jurisdiction holding an election, the election 19 must be postponed and held on the next Tuesday. This subsection 20 does not apply to statewide primaries and general elections.” 21 22 SECTION 4. Section 713350 of the 1976 Code, as last amended 23 by Act 3 of 2003, is further amended to read: 24 25 “Section 713350. (A) Except as otherwise provided in this 26 section, the nominees in a party primary or party convention held 27 under the provisions of this title by any a political party certified 28 by the commission for one or more of the offices, national, state, 29 circuit, multicounty multicounty district, countywide, less than 30 countywide, or municipal to be voted on in the general election, 31 held on the first Tuesday following the first Monday in November, 32 must be placed upon the appropriate ballot for the election as 33 candidates nominated by the party by the authority charged by law 34 with preparing the ballot if the names of the nominees are certified, 35 in writing, by the political party chairman, vicechairman vice 36 chairman, or secretary to the authority, for general elections held 37 under Section 71310, not later than twelve o’clock noon on August 38 fifteenth or, if August fifteenth falls on Saturday or Sunday, not 39 later than twelve o’clock noon on the following Monday; and for a 40 special or municipal general election, by at least twelve o’clock 41 noon on the sixtieth day prior to the date of holding the election, or 42 if the sixtieth day falls on Sunday, by twelve o’clock noon on the 43 following Monday. Political parties nominating candidates by

[391] 6 1 primary or convention must verify the qualifications of those 2 candidates prior to certification to the authority charged by law 3 with preparing the ballot. The written certification required by this 4 section must contain a statement that each candidate certified 5 meets, or will meet by the time of the general election, or as 6 otherwise required by law, the qualifications for the office for 7 which he has filed. Any A candidate who does not, or will not by 8 the time of the general election, or as otherwise required by law, 9 meet the qualifications for the office for which he has filed shall 10 must not be nominated and certified, and such the candidate’s 11 name shall must not be placed on a general, special, or municipal 12 election ballot. 13 (B) Candidates for President and Vice President must be 14 certified to the State Election Commission not later than twelve 15 o’clock noon on the first Tuesday following the first Monday in 16 September September tenth to the State Election Commission, or if 17 September tenth falls on Sunday, not later than twelve o’clock 18 noon on the following Monday.” 19 20 SECTION 5. Section 57200 of the 1976 Code is amended to read: 21 22 “Section 57200. (a)(A) A mayor or councilman shall forfeit his 23 office if he: 24 (1) lacks at any time during his term of office any a 25 qualification for the office prescribed by the general law and the 26 Constitution; 27 (2) violates any an express prohibition of Chapters 1 to 17; 28 or 29 (3) is convicted of a crime involving moral turpitude. 30 (b)(B) A vacancy in the office of mayor or council shall must be 31 filled for the remainder of the unexpired term either: 32 (1) at the next regular municipal election; or 33 (2) at a special election held pursuant to Section 713190, if 34 the vacancy occurs: 35 (a) one hundred eighty days or more, or 36 (b) ninety days or less 37 prior to the next general municipal election.” 38 39 SECTION 6. Section 713190(B) of the 1976 Code, as last 40 amended by Act 412 of 1998, is further amended to read: 41 42 “(B) In partisan elections, whether seeking nomination by 43 political party primary or political party convention, filing by these

[391] 7 1 candidates shall open for the office at twelve o’clock noon on the 2 third Friday after the vacancy occurs for a period to close ten days 3 later at twelve o’clock noon. If seeking nomination by petition, 4 the petitions must be submitted not later than twelve o’clock noon, 5 sixty days prior to the election. Verification of these petitions 6 must be made not later than twelve o’clock noon fortyfive days 7 prior to the election. If seeking nomination by political party 8 primary or political party convention, filing with the appropriate 9 official is the same as provided in Section 71115 and if seeking 10 nomination by petition, filing with the appropriate official is the 11 same as provided in Section 71170. 12 A primary must be held on the eleventh Tuesday after the 13 vacancy occurs. A runoff primary must be held on the thirteenth 14 Tuesday after the vacancy occurs. The special election must be on 15 the eighteenth Tuesday after the vacancy occurs. If the eighteenth 16 Tuesday after the vacancy occurs is no more than sixty one 17 hundred twenty days prior to the general election, the special 18 election shall be held on the same day as the general election. If 19 the filing period closes on a state holiday, then filing must be held 20 open through the succeeding weekday. If the date for an election 21 falls on a state holiday, it must be set for the next succeeding 22 Tuesday. For purposes of this section, state holiday does not mean 23 the general election day.” 24 25 SECTION 7. This act takes effect upon preclearance approval by 26 the United States Department of Justice or approval by a 27 declaratory judgment issued by the United States District Court for 28 the District of Columbia, whichever occurs first. 29 XX 30

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