H 5793

South Carolina General Assembly
126th Session, 2025-2026
Bill 5793
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS
BY AMENDING SECTION 7-11-50, RELATING TO THE SUBSTITUTION OF CANDIDATES WHEN A
NOMINEE SELECTED BY METHOD OTHER THAN PARTY PRIMARY DIES, BECOMES DISQUALIFIED,
OR RESIGNS FOR A LEGITIMATE NONPOLITICAL REASON, SO AS TO AMEND THE DEFINITION
OF "LEGITIMATE NONPOLITICAL REASON"; BY AMENDING SECTION 7-11-55, RELATING TO
SUBSTITUTION OF CANDIDATES WHEN A NOMINEE SELECTED BY PARTY PRIMARY DIES,
BECOMES DISQUALIFIED, OR RESIGNS FOR A LEGITIMATE NONPOLITICAL REASON, SO AS TO
PROVIDE A PROCESS FOR REPLACING NOMINEES FOR CONGRESSIONAL OFFICES IN CERTAIN
CIRCUMSTANCES; AND BY AMENDING SECTION 7-13-190, RELATING TO SPECIAL ELECTIONS
TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE AN ABBREVIATED SPECIAL ELECTION
CALENDAR FOR FILLING A VACANCY IN THE OFFICE OF THE HOUSE OF REPRESENTATIVES OF
THE CONGRESS OF THE UNITED STATES IN CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1.  Section 7-11-50 of the S.C.
Code is amended to read:
    Section
7-11-50. (A) If a party nominee who was nominated by a method other
than party primary election dies, becomes disqualified after his nomination, or
resigns his candidacy for a legitimate nonpolitical reason as defined in this
section and sufficient time does not remain to hold a convention to fill the
vacancy or to nominate a nominee to enter a special election, the respective
state or county party executive committee may nominate a nominee for the
office, who must be duly certified by the respective county or state chairman.
    (B) "Legitimate nonpolitical reason" as used in this
section is limited to:
        (a)(1) reasons of health, which include any health condition
which, in the written opinion of a medical doctor, would be harmful to the
health of the candidate if he continued;
        (b)(2) family crises, which include circumstances which would
substantially alter the duties and responsibilities of the candidate to the
family or to a family business;
        (c)(3) substantial business conflict, which includes the
policy of an employer prohibiting employees being candidates for public offices
and an employment change which would result in the ineligibility of the
candidate or which would impair his capability to carry out properly the
functions of the office being sought.;
       (4) an incumbent member of the United
States House of Representatives nominated for reelection following a partisan
primary who then seeks the party nomination to the United States Senate
pursuant to Section 7-11-55.
    (C)(1) A
candidate who withdraws based upon a legitimate nonpolitical reason which is
not covered by the inclusions in (a), (b) or (c) has the strict burden of proof
for his reason. A candidate who wishes to withdraw for a legitimate
nonpolitical reason shall submit his reason by sworn affidavit.
        (2) This affidavit must be filed
with the state party chairman of the nominee's party and also with the board of
voter registration and elections of the county if the office concerned is
countywide or less and with the State Election Commission if the office is
statewide, multi-county, or for a member of the General Assembly. A substitution
of candidates is not authorized, except for death or disqualification, unless
the election commission to which the affidavit is submitted approves the
affidavit as constituting a legitimate nonpolitical reason for the candidate's
resignation within ten days of the date the affidavit is submitted to the
commission. However, where this party nominee is unopposed, each political
party registered with the State Election Commission has the privilege of
nominating a candidate for the office involved. If the nomination is certified
two weeks or more before the date of the general election, that office is to be
filled at the general election. If the nomination is certified less than two
weeks before the date of the general election, that office must not be filled
at the general election but must be filled in a special election to be held on
the second Tuesday in the month following the election, provided that the date
of the special election to be conducted after the general election may be
combined with other necessary elections scheduled to occur within a
twenty-eight day period in the manner authorized by Section 7-13-190(D).
SECTION 2.  Section 7-11-55 of the S.C.
Code is amended to read:
    Section
7-11-55. (A) If a party nominee dies, becomes disqualified after
his nomination, or resigns his candidacy for a legitimate nonpolitical reason
as defined in Section 7-11-50 and was selected through a party primary
election, the vacancy must be filled in a special primary election to be
conducted as provided in this section. The filing period for this special
primary election opens the second Tuesday after the death, disqualification, or
approval of the resignation for one week. The special primary election then
must be conducted on the second Tuesday immediately following the close of the
filing period. A runoff, if necessary, must be held two weeks after the first
primary. The nomination must be certified not less than two weeks before the
date of the general election. If the nomination is certified two weeks or more
before the date of the general election, that office is to be filled at the
general election.
    (B) If the nomination is certified less than two weeks
before the date of the general election, that office must not be filled at the
general election but must be filled in a special election to be held on the
second Tuesday in the month following the election, provided that the date of
the special election to be conducted after the general election may be combined
with other necessary elections scheduled to occur within a twenty-eight day
period in the manner authorized by Section 7-13-190(D).
    (C) The procedures for resigning a candidacy under this
section for legitimate nonpolitical reasons are the same as provided in Section
7-11-50.
    (D) Where the party nominee was unopposed, each political
party registered with the State Election Commission has the privilege of
nominating a candidate for the office involved through a special primary
election in the same manner and under the same procedures stipulated by this
section.
    (E) In the event an incumbent United
States Senator is no longer eligible for reelection pursuant to this section
after receiving the party's nomination for reelection, the following applies:
SECTION 3.  Section 7-13-190 of the S.C.
Code is amended by adding:
    (G) In the event an incumbent United States Senator is no longer
eligible for reelection after receiving the party's nomination for reelection
pursuant to this section, Section 7-11-50(B)(4), or Section 7-11-55(E), the
following applies:
SECTION
4.  This act takes effect upon approval by the Governor.
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This web page was last updated on August 11, 2026 at 03:32 PM