1. (A) A party may choose to change from nomination of candidates by primary to a method to nominate candidates by convention for all offices including, but not limited to, Governor, Lieutenant Governor, United States Senator, United States House of Representatives, Circuit Solicitor, State Senator, and members of the State House of Representatives if:

   1. (1) there is a three-fourths vote of the total membership of the convention to use the convention nomination process; and
   2. (2) a majority of voters in that party's next primary election approve the use of the convention nomination process.
2. (B) A party may not choose to nominate by party convention for an election cycle in which the filing period for candidates has begun.
3. (C) A political party nominating candidates by party convention shall nominate the party candidates and make the nominations public not later than the time for certifying candidates to the authority charged by law with preparing ballots for the general or special election.
4. (D) Nothing in this section requires a political party that has nominated candidates by convention in the previous election cycle to hold a primary in order to continue using the convention method to nominate candidates.

HISTORY: 1962 Code Section 23-264; 1952 Code Section 23-264; 1950 (46) 2059; 1964 (53) 1744; 1966 (54) 2093; 1968 (55) 2316; 1972 (57) 2531; 1974 (58) 2124; 1984 Act No. 403, Section 1, eff May 24, 1984; 2013 Act No. 61, Section 3, eff June 25, 2013; 2014 Act No. 196 (S.815), Section 6, eff June 2, 2014.

Editor's Note

2013 Act No. 61, Sections 11, 14, provide as follows:

"SECTION 11. In order to educate various parties regarding the provisions contained in this act, the following notifications must be made:

"(1) The State Election Commission must notify each county election commission of the provisions of this act.

"(2) The State Election Commission must post the provisions of this act on its website.

"(3) Each state party executive committee must notify their respective county executive parties of the provisions of this act."

"SECTION 14. This act takes effect upon preclearance approval by the United States Department of Justice or approval by a declaratory judgment issued by the United States District Court for the District of Columbia, whichever occurs first."

The amendment by 2013 Act No. 61 became effective June 25, 2013, see South Carolina Libertarian Party v. South Carolina State Election Com'n, 407 S.C. 612, 757 S.E.2d 707 (2014).

Effect of Amendment

The 1984 amendment substantially reworded this section.

The 2013 amendment rewrote the section.

2014 Act No. 196, Section 6, in subsection (A), substituted "change from nomination of candidates by primary to a method to nominate candidates by convention" for "nominate candidates"; and added subsection (D).