S 38 — Special Elections

2025-2026 Bill 38 Text of Previous Version (Feb.(Dec.

05,11, 2025)2024) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 38Indicates Matter StrickenIndicates New Matter(Text matches printed bills.

Document has been reformatted to meet World Wide Web specifications.) Indicates  Matter  Stricken  Indicates  New  Matter    Committee  ReportA Februarybill 5,  2025TO  AMEND S.THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 7-13-190, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO REQUIRE SPECIAL ELECTIONS TO BE HELD ONLY ON CERTAIN ENUMERATED DATES.

38   Introduced by Senators Campsen and Zell   S.

Printed 2/5/25--S.

Read the first time January 14, 2025   ________   The committee on Senate Judiciary To whom was referred a Bill (S.

38) to amend the South Carolina Code of Laws by amending Section 7-13-190, relating to special elections to fill vacancies in office, so as to require special elections, etc., respectfully Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

      Amend the bill, as and if amended, SECTION 1, by striking Section 7-13-190(B)(2) and inserting:

       (2) A primary must be held on the first eligible date provided in subsection (D) that is on or following the eleventh Tuesday after the vacancy occurs.

A runoff primary, if necessary, must be held on the thirteenth Tuesday after the vacancy occurstwo weeks after the primary.

TheA special election must be held on the twentieth Tuesday after the vacancy occursfirst eligible date provided in subsection (D) that is following the date of the primary.

If the twentieth Tuesday after the vacancy occurs is no more than sixty days prior to the general election, the special election must be held on the same day as the general election.

If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday.

If the date for an election falls on a state holiday, the election must be set for the next succeeding Tuesday.

For purposes of this section, state holiday does not mean the general election day.

       (3) If there are more than twenty Tuesdays after a vacancy occurs in the office of House of Representatives of the Congress of the United States to the date provided for an eligible special election in subsection (D), or if there are more than thirty-five days from the eleventh Tuesday after a vacancy occurs in the office of House of Representatives of the Congress of the United States, State Senate, or State House of Representatives to the date provided for an eligible primary in subsection (D), then the schedule to fill a vacancy in one of those offices must be in accordance with the following:

           (a) a primary must be held on the eleventh Tuesday after the vacancy occurs;

           (b) a runoff primary, if necessary, must be held two weeks after the primary;

           (c) a special election must be held on the twentieth Tuesday after the vacancy occurs;

and            (d) if the date for a primary, runoff primary, or special election conflicts with the holding of a statewide primary, statewide general election, or presidential preference primary then the Governor, President of the Senate, or Speaker of the House of Representatives, as applicable, may establish a schedule to fill a vacancy in a manner that does not conflict with the holding of a statewide primary, statewide general election, or presidential preference primary.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X.

Section 7-11-15(F) of the S.C.

Code is amended to read:

      (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.

       (1) In order for a state or county committee to allow entry of other candidates for the office, the committee must:

           (a) hold a public hearing within forty-eight hours of the death or withdrawal of the candidate or candidates;

and            (b) publicly vote to allow reopening of the time to file for the office.

       (2) The additional filing period for the office shall consist of three business days following the vote authorizing reopening of the time to file.

       (3) Any withdrawal must be in writing to the Director of the County Board of Voter Registration and Elections in which the candidate filed or to the executive director of the State Election Commission if the candidate filed with the State Election Commission.

Renumber sections to conform.

Amend title to conform.

  LUKE RANKIN for Committee.

  _______                 A bill   TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 7-13-190, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO REQUIRE SPECIAL ELECTIONS TO BE HELD ONLY ON CERTAIN ENUMERATED DATES.

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