S.C. Code Ann. § 7-11-210
Every candidate for selection as a nominee of any political party for any state office, United States Senator, member of Congress, or solicitor, to be voted for in any party primary election or political party convention, shall file with and place in the possession of the appropriate election commission, pursuant to Section 7-11-15 by twelve o'clock noon on March thirtieth a party pledge in the following form, the blanks being properly filled in and the party pledge signed by the candidate: "I hereby file my notice as a candidate for the nomination as _ in the primary election or convention to be held on _. I affiliate with the _ Party, and I hereby pledge myself to abide by the results of the primary or convention. I shall not authorize my name to be placed on the general election ballot by petition and will not offer or campaign as a write-in candidate for this office or any other office for which the party has a nominee. I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for the office has become deceased or otherwise disqualified for election in the ensuing general election. I hereby affirm that I meet, or will meet by the time of the general or special election, or as otherwise required by law, the qualifications for this office".
Every candidate for selection in a primary election as the nominee of any political party for member of the Senate, member of the House of Representatives, and all county and township offices shall file with and place in the possession of the county board of voter registration and elections of the county in which they reside by twelve o'clock noon on March thirtieth a like party pledge.
The party pledge required by this section to be filed by a candidate in a primary must be signed personally by the candidate, and the signature of the candidate must be signed in the presence of an individual authorized by the election commission director. Any party pledge of any candidate signed by an agent on behalf of a candidate shall not be valid.
In the event that a person who was defeated as a candidate for nomination to an office in a party's primary election shall thereafter offer or campaign as a candidate against any nominee for election to any office in the ensuing general election, the state chairman of the party which held the primary (if the office involved is one voted for in the general election by the electors of more than one county), or the county chairman of the party which held the primary (in the case of all other offices), shall forthwith institute an action in a court of competent jurisdiction for an order enjoining the person from so offering or campaigning in the general election, and the court is hereby empowered upon proof of these facts to issue an order.
HISTORY: 1962 Code Section 23-400.72; 1952 Code Section 23-373; 1950 (46) 2059; 1964 (53) 1778; 1966 (54) 2093, 2340; 1968 (55) 2277; 1974 (58) 2124; 1977 Act No. 133 Section 4; 1996 Act No. 226, Section 2, eff February 12, 1996; 2000 Act No. 236, Section 2, eff March 7, 2000; 2013 Act No. 61, Section 4, eff June 25, 2013.
Pursuant to the directive in 2014 Act No. 196, Section 8, at the direction of the Code Commissioner, references in this section to county election commissions or commissioners or county boards of voter registration were changed to the "Board of Voter Registration and Elections" and board members as appropriate.
1992 Act No. 289, Section 4 effective March 12, 1992, reads as follows:
"SECTION 4. Notwithstanding the provisions of Section 7-11-210 of the 1976 Code, for 1992 only, the date for filing the notice of candidacy and pledge is by noon on June twenty-fifth."
1997 Act No. 1, Section 6, eff February 12, 1997, provides as follows:
"SECTION 6. For purposes of the 1997 election for the members of the House of Representatives to be elected from those election districts revised by the provisions of Section 2-1-25 of the 1976 Code, as amended by Section 1 of this act, and for the members of the Senate to be elected from those election districts revised by Section 4 of this act, the following provisions apply:
"(1) Notwithstanding the provisions of Section 7-11-15 of the 1976 Code, the dates for filing for all candidates seeking nomination by a political party primary or political party convention are between noon on June second and noon on June sixteenth.
"(2) Notwithstanding the provisions of Section 7-11-210 of the 1976 Code, the date for filing the notice of candidacy and pledge is by noon on June sixteenth.
"(3) Notwithstanding the provisions of Section 7-13-40 of the 1976 Code, certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than noon on June eighteenth.
"(4) Notwithstanding the provisions of Section 7-13-40 of the 1976 Code, the date for primary elections is the second Tuesday in August.
"(5) For these elections held in 1997 only, if run-off primary elections are necessary they must be held on August twenty-sixth.
"(6) Notwithstanding the provisions of Section 7-13-351 of the 1976 Code, all candidates seeking nomination by petition must file these petitions with the State Election Commission no later than noon on September ninth.
"(7) Notwithstanding the provisions of Section 7-13-350 of the 1976 Code, the names of all nominees to be placed on the special election ballots must be certified by the respective political party to the appropriate election commissioners by noon on September eleventh."
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).
The 1977 amendment substituted the words "April thirtieth" for the words "the third Thursday following the State convention" in the first paragraph of this section, inserted the words "member of the Senate, member of the House of Representatives and" in the second paragraph, and substituted the words "March thirtieth" for the words "the third Tuesday following the county convention" in the same paragraph.
The 1996 amendment made minor revisions of style and provided for a March notice or pledge filing date.
The 2000 amendment rewrote the first undesignated paragraph.
The 2013 amendment, in the first paragraph, substituted "appropriate election commission, pursuant to Section 7-11-15" for "treasurer of the state committee", and twice substituted "party pledge" for "notice or pledge"; in the second paragraph, substituted "election commission of the county in which they reside by twelve o'clock noon on March thirtieth a like party pledge" for "chairman or other officer as may be named by the county committee of the county in which they reside by twelve o'clock noon on March thirtieth a like notice and pledge"; and rewrote the third sentence.