The state executive committee must meet in Columbia not later than twelve noon on Saturday next following the filing of any notice perfected under Section 7-17-540 for the purpose of hearing appeals. The appellant and each other candidate in the protested race have the right to be present at the hearing, to be represented by counsel, and to be heard on the merits of the appeal. The state committee is bound by the facts as determined by the county committee. However, if in the opinion of at least eighteen members of the state committee the facts should be reviewed, then a hearing de novo must be held by the state committee. In the event of a review of the facts, the state committee may receive any new evidence or exhibits as it in its discretion considers necessary to determine the appeal. The state committee must remain in session until all appeals have been disposed of. The State Election Commission shall pay for the costs of the court reporter and the transcript of the hearing.
HISTORY: 1962 Code Section 23-492.3; 1968 (55) 2316; 1997 Act No. 63, Section 3, eff June 10, 1997.
Structure South Carolina Code of Laws
Chapter 17 - Canvass Of Votes; Certificates And Records Of Results
Section 7-17-10. Meeting and organization of county boards of canvassers.
Section 7-17-20. Canvass of votes.
Section 7-17-30. Protests and contests.
Section 7-17-40. Poll lists shall accompany ballots in protests.
Section 7-17-50. Hearings on protests or contests.
Section 7-17-60. Right to and notice of appeal from decision of county board.
Section 7-17-70. Hearing of appeals.
Section 7-17-80. Statements and returns.
Section 7-17-90. Duplicate statements filed with clerk of county.
Section 7-17-100. Separate statements of votes given for each candidate.
Section 7-17-210. State Election Commission constitutes board.
Section 7-17-220. Meeting of board; telecommunication or electronic communication; public access.
Section 7-17-230. Power to adjourn; procedure when all certified statements have not been received.
Section 7-17-240. Board shall make certified statement of all votes cast.
Section 7-17-260. Cases decided by state board; filing and service.
Section 7-17-270. Hearing of protest or contest; procedure at hearing; notice of decision; appeals.
Section 7-17-280. Mandatory recounts.
Section 7-17-290. Certificate of determination delivered to Secretary of State.
Section 7-17-300. Secretary of State shall record result of canvass.
Section 7-17-310. Copies of determinations transmitted to persons elected and Governor.
Section 7-17-320. Statements printed in public newspapers.
Section 7-17-330. Certain certificates of election sent to Congress.
Section 7-17-340. Record of elected county officers.
Section 7-17-520. Protests and contests generally; filing and service.
Section 7-17-530. Hearing by county executive committee.
Section 7-17-540. Right to and notice of appeal from decision of county executive committee.
Section 7-17-550. Hearing of appeals by state executive committee.
Section 7-17-570. Procedure for hearing protest or contest; notice of decision.
Section 7-17-580. Appeal of protests and contests in municipal primaries.
Section 7-17-590. Board of State Canvassers for Municipal Primaries.
Section 7-17-600. No candidate shall be declared nominated in first primary without majority vote.
Section 7-17-610. What constitutes majority vote.