South Carolina Code of Laws
Chapter 13 - Conduct Of Elections
Section 7-13-351. Nominees by petition.

Any nominee by petition for one or more of the national, state, circuit, multi-county district, countywide, or less than countywide offices, to be voted on in the general election must be placed upon the appropriate 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 fifteenth or, if July 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 fifteenth or, if August fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday.
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.
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.
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.
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.
HISTORY: 1984 Act No. 263, Section 4, eff January 27, 1984; 1986 Act No. 344, Section 2, eff March 7, 1986; 1991 Act No. 62, Section 1, eff May 27, 1991; 1998 Act No. 412, Section 6, eff June 9, 1998; 2000 Act No. 236, Section 7, eff March 7, 2000.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 7 - Elections

Chapter 13 - Conduct Of Elections

Section 7-13-10. Time of general elections for federal, state, and county officers; conduct of general and special elections.

Section 7-13-15. Primaries to be conducted by State Election Commission and county boards of voter registration and elections on second Tuesday in June; filing fees.

Section 7-13-20. Time of general election for certain county officers.

Section 7-13-25. Early voting.

Section 7-13-30. Time of election of probate judges.

Section 7-13-35. Notice of general, municipal, special, and primary elections.

Section 7-13-40. Time of party primary; certification of names; verification of candidates' qualifications; filing fee.

Section 7-13-45. Acceptance of filings.

Section 7-13-50. Second and other primaries.

Section 7-13-60. Hours polls open.

Section 7-13-72. Managers of election.

Section 7-13-75. Members of local boards of voter registration and elections; political activity prohibited.

Section 7-13-80. Organization of voter registration and elections; managers and clerks; oaths.

Section 7-13-100. Managers shall take oath before opening polls.

Section 7-13-110. Residency requirements of chairmen, clerks, and managers of elections.

Section 7-13-120. Candidates and their relatives may not be managers or clerks.

Section 7-13-130. Managers' table; guard rail; general arrangement; preservation of right to vote and secrecy of ballot.

Section 7-13-140. Maintenance of order; police powers of managers.

Section 7-13-150. Penalty for failure to assist in maintaining order.

Section 7-13-160. Peace officers shall enter polling place only on request or to vote.

Section 7-13-170. Procedure when managers fail to attend, take charge of, or conduct election.

Section 7-13-180. Posting proposed constitutional amendments at polling place.

Section 7-13-190. Special elections to fill vacancies in office.

Section 7-13-310. Kinds of general election ballots; different colored paper to be used.

Section 7-13-315. Joint election of Governor and Lieutenant Governor; single vote.

Section 7-13-320. Ballot standards and specifications.

Section 7-13-325. Use of candidate's given name, derivative of, or nickname on ballot.

Section 7-13-330. Form of ballot; instructions.

Section 7-13-335. Arrangement of names on certain ballots.

Section 7-13-340. Printing and distribution of ballots.

Section 7-13-350. Certification of candidates; verification of qualifications.

Section 7-13-351. Nominees by petition.

Section 7-13-352. Date by which statement of candidacy must be filed; verification of candidates' qualifications.

Section 7-13-355. Time for submitting question to election commission for submission as referendum to electors.

Section 7-13-360. Place on ballot for write-in names.

Section 7-13-370. Death, withdrawal, or disqualification of candidate after name printed on ballot.

Section 7-13-380. Reprinting ballots to delete name of deceased or withdrawn candidate is optional.

Section 7-13-390. Limitations on withdrawal of candidacy.

Section 7-13-400. Form of ballot when questions are submitted.

Section 7-13-410. Ballots where both statewide and local constitutional amendments are submitted.

Section 7-13-420. Oath of printer of ballots and assistants.

Section 7-13-430. Ballots provided where voting machines not used; substitute ballots; penalties for failure to provide; failsafe ballots.

Section 7-13-440. Repealed.

Section 7-13-450. Use of voting machines does not prohibit use of separate ballots on certain questions.

Section 7-13-460. Use of paper ballots.

Section 7-13-610. Ballot specifications; separate ballots for each party.

Section 7-13-611. Arrangement of official county and state primary ballots.

Section 7-13-710. Proof of right to vote; signing poll list; comparison of signatures; provisional ballot; purpose of requirement.

Section 7-13-720. Oath of voter.

Section 7-13-730. Delivery and marking of ballot; deposit into ballot box.

Section 7-13-740. Number and construction of booths; only one voter in booth at a time; speaking to voter prohibited.

Section 7-13-760. Time when voter must leave booth and voting place; voter must be alone in booth and must not talk while voting.

Section 7-13-770. Unauthorized persons within guard rails; voters requiring assistance; minor children of qualified elector accompanying parent into booth.

Section 7-13-771. Voting by handicapped and elderly electors who cannot enter the polling place or cannot stand in line to vote.

Section 7-13-780. Designation of voters who may receive assistance.

Section 7-13-790. Substitute for marred or defaced ballot.

Section 7-13-800. Write-ins to be in handwriting of voter or authorized manager.

Section 7-13-810. Prevention of illegal voting or taking too much time; challenging voters.

Section 7-13-820. Voting by person whose name is not on registration book.

Section 7-13-825. Location of requirements to challenge a ballot.

Section 7-13-830. Procedure when voter challenged.

Section 7-13-840. Ballot boxes; number, location, construction, color, labeling.

Section 7-13-850. Closing polls; voters waiting may vote.

Section 7-13-860. Watchers; appointment, qualifications, identification, and conduct.

Section 7-13-1010. Additional oath of voters.

Section 7-13-1020. Absentee voting not permitted in primaries; exceptions.

Section 7-13-1030. Voting by National Guard when on duty.

Section 7-13-1040. No person may vote in more than one primary on same day.

Section 7-13-1110. Counting ballots and declaration of result; volunteer personnel may assist.

Section 7-13-1120. Disposition of improperly marked ballots.

Section 7-13-1130. Disposition of ballots found in wrong box and ballots folded together.

Section 7-13-1140. Procedure when too many ballots found in box or too many votes tabulated.

Section 7-13-1150. Accounting for ballots after election; returns; delivery of poll lists and other matters; unused ballots.

Section 7-13-1160. Reporting of election results to State Election Commission.

Section 7-13-1170. Ordering of new election by Governor.

Section 7-13-1320. Use of vote recorders in certain precincts; use of vote recorders of different kinds; number and capacity of vote records.

Section 7-13-1330. Vote recorders and optical scan voting systems; approval process; duration and changes.

Section 7-13-1340. Requirements for vote recorders or optical scan voting devices.

Section 7-13-1350. Payment for vote recorders.

Section 7-13-1360. Form and contents of ballot labels; primary elections.

Section 7-13-1370. Ballot cards.

Section 7-13-1371. Ballot cards used in conjunction with optical scanning device; instructions.

Section 7-13-1380. Write-in votes.

Section 7-13-1390. Labeling, preparation, and testing of vote recorders; custodians and deputies; examination by interested persons.

Section 7-13-1400. Delivery of vote recorders; duties of officials at polling places.

Section 7-13-1410. Duties of officials after closing of polls; review of ballots; duplicate ballots.

Section 7-13-1420. Observation by poll watchers after polls close.

Section 7-13-1430. Counting stations; processing and counting of ballots and preparation of summary sheets.

Section 7-13-1440. Witnesses are to observe at counting station.

Section 7-13-1450. Public display of vote recorders preceding election.

Section 7-13-1460. Use of paper ballots where use of vote recorders is not possible or practicable.

Section 7-13-1470. Procedure when vote recorder becomes out of order.

Section 7-13-1480. Custody, storage, and care of vote recorders.

Section 7-13-1490. Regulations, instructions, and forms.

Section 7-13-1500. Oath of person preparing or operating tabulating devices.

Section 7-13-1610. State Board of Voting Machine Commissioners.

Section 7-13-1620. Voting system approval process.

Section 7-13-1640. Voting machine requirements.

Section 7-13-1650. Experimental use of voting machines.

Section 7-13-1655. "Voting system" defined; State Election Commission duties.

Section 7-13-1670. Demonstrations with machines for instruction of voters.

Section 7-13-1680. Number of voting machines; type and use; repair; custody.

Section 7-13-1690. Employment and qualifications of custodians of voting machines.

Section 7-13-1700. Instruction of managers and clerks in use of machines; appointment of manager or clerk in emergency.

Section 7-13-1710. Voting machine ballots; arrangement of nominations.

Section 7-13-1720. Unopposed candidates in primaries.

Section 7-13-1730. Use of separate ballots on constitutional amendments and other public measures.

Section 7-13-1740. Sample or instruction ballots.

Section 7-13-1750. Preparation of machines for elections; party representatives may examine machines.

Section 7-13-1760. The boards of voter registration and elections shall see that machines and other equipment are in place and good order.

Section 7-13-1770. Duties of managers prior to opening polls; when machines may not be used for voting purposes.

Section 7-13-1780. Placement of voting machines in polling places.

Section 7-13-1790. Lights and screens.

Section 7-13-1800. Inspection of machines; covering of counter compartment kept locked; attendance at voting places.

Section 7-13-1810. Instructions of voters by model machine at polling place.

Section 7-13-1820. Persons within guard rail; time permitted voters to vote.

Section 7-13-1830. Instruction after voter has entered machine.

Section 7-13-1840. Assistance may be given to voters.

Section 7-13-1850. Write-in ballots.

Section 7-13-1860. Duty to protect machines against injury.

Section 7-13-1870. Procedure when voting machine becomes inoperative.

Section 7-13-1880. Canvass and return of vote; return of provisional and failsafe ballots.

Section 7-13-1890. Machines shall remain locked after election; certification of managers or election; verification of results of election.

Section 7-13-1900. Use of voting machines for primary elections.

Section 7-13-1910. Possession of voting machine key by unauthorized person.

Section 7-13-1920. Tampering with voting machine.

Section 7-13-1930. Other provisions of this Title applicable to use of voting machines.

Section 7-13-2110. Authorization of simplified or more detailed explanation of proposed constitutional amendments.

Section 7-13-2120. Constitutional Ballot Commission.

Section 7-13-2130. Jurisdiction of proceedings challenging explanations.

Section 7-13-2210. General or special election.

Section 7-13-2220. Primary election.