§ 7-11-15 — Qualifications to run as a candidate in general elections.

South Carolina § 7-11-15

• Jurisdiction: South Carolina
• Title 7: ELECTIONS
• Ch. 11: DESIGNATION AND NOMINATION OF CANDIDATES

Text

(A) In order to qualify as a candidate to run in the general election, all candidates 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 fees 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 filing fees 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 filing fees 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 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 a 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, by the deadline and (2) the candidate has not been certified by the appropriate political party as required by Sections 7-13-40 and 7-13-350, 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, 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) 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, provide a copy to the candidate or his agent, and provide a copy to the appropriate political executive party. The filing fee must be made payable to the appropriate political party. (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) 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.

Legislative History

HISTORY: 1988 Act No. 363, SECTION 1, eff March 14, 1988; 1990 Act No. 583, SECTION 1, eff June 11, 1990; 1996 Act No. 226, SECTION 1, eff February 12, 1996; 2000 Act No. 236, SECTION 1, eff March 7, 2000; 2003 Act No. 3, SECTION 1, eff upon approval (became law without the Governor's signature on January 16, 2003); 2013 Act No. 61, SECTION 2, eff June 25, 2013; 2018 Act No. 142 (H.4977), SECTION 6, eff March 15, 2018. Effect of Amendment 2018 Act No. 142, SECTION 6, in (A), added the second and third sentences, and in (A)(2), inserted "State Election Commission or" preceding "county board" in the first sentence; in (B), substituted "Except as provided in this section, the board of voter registration and elections" for "Except as provided herein, the election commission"; in (C), substituted "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, provide a copy to the candidate, and provide a copy" for "candidate must file three signed copies and the election commission with whom it is filed must stamp each copy with the date and time received, keep one copy, return one copy to the candidate, and send one copy" in the third sentence; in (D), substituted "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" for "must file three signed copies of the party pledge, as required pursuant to Section 7-11-210, and the election commission with whom it is filed must stamp each copy with the date and time received, return one copy to the candidate, and send one copy"; in (E), substituted "election commission with which the filing fee is filed must issue a receipt for the filing fee," for "candidate must sign a receipt for the filing fee, and the election commission with whom it is filed must", and inserted "or his agent," in the first sentence; and made nonsubstantive changes throughout.