S.C. Code Ann. § 7-13-351
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.
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.
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."
The 1986 amendment, in the first paragraph, substituted ", countywide or less than countywide" for "or county" and substituted "shall" for "must".
The 1991 amendment added the fourth paragraph, relative to extending the time for filing the petition in the event of an emergency.
The 1998 amendment, in the second paragraph, deleted "or municipal" preceding "election" in the first sentence, added ", including municipal special elections," and "twelve o'clock", and substituted "sixtieth" for "forty-fifth" in two places and "forty-fifth" for "thirtieth" in two places.
The 2000 amendment rewrote this section.