SEC Addresses Ballot Question

SEC Addresses Ballot Question

Agency Confirms Position that Candidates Could Appear on General Election Ballots for Multiple Offices

The SEC has been made aware of previous media coverage that referred generally to a statement attributed to the SEC regarding section 7-11-10(B) of the South Carolina Code of Laws. Although the SEC has not been able to confirm the existence of any such statement or the language summarized in the reporting, it has nevertheless generated numerous inquiries regarding whether a candidate could appear on a general election ballot for more than one office.

As a preliminary matter, South Carolina law provides that "[w]ritten 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 [SEC]." S.C. Code Ann. § 7-13-40. Accordingly, the SEC will not address or comment on hypothetical or specific scenarios or opine on the qualifications of potential candidates. The SEC's role and responsibility is limited to the matters prescribed in Title 7. Nevertheless, in light of the statement previously attributed to the SEC, the SEC notes that section 7-11-10(B)'s prohibition pertains to a "single office." It is the SEC's position that this provision was intended to end the practice commonly referred to as "fusion voting," which previously allowed a candidate to appear multiple times on a general election ballot for a single office as the nominee for more than one political party. As a practical matter, candidates have appeared on general election ballots for more than one office in previous South Carolina elections.

Accordingly, to the extent any prior statement attributed to the SEC indicated or implied otherwise, or was so interpreted, the SEC's position is that any such interpretation would be incorrect.