South Carolina H 3640: A HOUSE RESOLUTION TO REMEMBER AND CELEBRATE THE LIFE OF BYRON ALLAN EASTMAN, SR., OF RICHLAND COUNTY, AND TO HONOR HIS DEVOTION AND COMMITMENT TO HIS FAMILY, HIS STATE, AND HIS NATION.

Bill Text

2025-2026 Bill 3640 Text of Previous Version (Dec. 12, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3640

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 ADDING SECTION 
7-11-5 SO AS TO REQUIRE PRIMARY ELECTIONS FOR COUNTY, STATE, AND FEDERAL 
OFFICES, EXCEPT FOR PRESIDENT AND VICE PRESIDENT, TO BE CONDUCTED AS 
NONPARTISAN OPEN PRIMARY ELECTIONS IN WHICH THE TWO CANDIDATES RECEIVING THE 
HIGHEST NUMBER OF VOTES ADVANCE TO THE GENERAL ELECTION; BY AMENDING SECTION 
7-11-10, RELATING TO METHODS OF NOMINATING CANDIDATES, SO AS TO REPLACE 
REFERENCES TO POLITICAL PARTY PRIMARIES AND CONVENTIONS WITH THE CONDUCTing OF 
A NONPARTISAN OPEN PRIMARY; BY AMENDING SECTION 7-11-15, RELATING TO 
QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO ALLOW ALL 
PERSONS SEEKING NOMINATION VIA NONPARTISAN OPEN PRIMARY TO FILE A STATEMENT OF 
INTENTION OF CANDIDACY ACCOMPANIED BY EITHER A FILING FEE OR A NOMINATING 
PETITION, AND TO PROVIDE THAT WRITE-IN CANDIDACIES ARE PERMITTED FOR ANY OFFICE 
ON THE NONPARTISAN OPEN PRIMARY BALLOT, BUT NOT ON THE GENERAL ELECTION BALLOT; 
BY AMENDING SECTION 7-13-40, RELATING TO THE CONDUCT OF PARTY PRIMARIES, SO AS 
TO REPLACE REFERENCES TO POLITICAL PARTY PRIMARIES WITH NONPARTISAN OPEN 
PRIMARY, TO PROVIDE THAT ALL CANDIDATES FOR AN OFFICE TO BE VOTED ON IN THE 
NONPARTISAN OPEN PRIMARY ARE LISTED ON A SINGLE BALLOT REGARDLESS OF POLITICAL 
PARTY AFFILIATION, IF ANY, AND TO ALLOW A CANDIDATE TO CHOOSE TO HAVE A PARTY 
WITH WHICH HE AFFILIATES DESIGNATED BY HIS NAME ON THE BALLOT; BY AMENDING 
SECTION 7-13-330, RELATING TO FORM OF GENERAL ELECTION BALLOTS, SO AS TO MAKE 
CONFORMING CHANGES AND REMOVE INSTRUCTIONS REGARDING STRAIGHT TICKET VOTING; BY 
AMENDING SECTION 7-13-350, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO 
CLARIFY THAT THE TOP TWO VOTE EARNERS FOR AN OFFICE FROM THE NONPARTISAN OPEN 
PRIMARY ARE TO BE CERTIFIED FOR INCLUSION ON THE GENERAL ELECTION BALLOT; BY 
AMENDING SECTION 7-13-351, RELATING TO NOMINEES BY PETITION, SO AS TO CLARIFY 
THE DEADLINES FOR SUBMITTING NOMINATING PETITIONS WITH REGARDS TO THE 
NONPARTISAN OPEN PRIMARY AS OPPOSED TO THE GENERAL ELECTION; BY AMENDING 
SECTION 7-13-360, RELATING TO PLACE ON BALLOT FOR WRITE-IN NAMES, SO AS TO 
REQUIRE SUCH PLACES ON NONPARTISAN OPEN PRIMARY BALLOTS, BUT NOT ON GENERAL 
ELECTION BALLOTS; BY AMENDING SECTION 7-13-610, RELATING TO PRIMARY BALLOT SPECIFICATIONS, 
SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 7-13-611, RELATING TO 
ARRANGEMENT OF OFFICIAL COUNTY AND STATE PRIMARY BALLOTS, SO AS TO MAKE 
CONFORMING CHANGES; BY REPEALING SECTION 7-11-30 RELATING TO CONVENTION 
NOMINATION OF CANDIDATES, SECTION 7-11-210 RELATING TO PARTY PLEDGE FILING 
REQUIREMENTS, AND SECTION 7-13-50 RELATING TO SECOND AND OTHER PRIMARIES.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 11, Title 7 of the S.C. Code is 
amended by adding:

 Section 
7-11-5. (A) Notwithstanding any other 
provision of law, nominations for candidates to be voted on in a general or 
special election must be by nonpartisan open primary.

 (B) All 
candidates for county, multicounty, legislative, state, and federal offices, 
except for president and vice president, must be listed on a single primary 
election ballot regardless of political party affiliation, if any. Provided, a 
candidate in a nonpartisan open primary may choose to have his political party 
affiliation designated on the ballot. Designation of political party 
affiliation by a candidate does not constitute or imply the nomination, 
endorsement, or selection of the candidate by the party designated.

 (C) Every 
eligible voter, regardless of political party affiliation, if any, may 
participate in the primary. Each voter may vote for one candidate for each 
office on the primary ballot.

 (D) The 
two candidates who receive the highest number of votes for an office in the 
primary advance to the general election, and no other names may appear on the 
general election ballot for that office.

SECTION 2. Section 7-11-10 of the S.C. Code is amended to read:

 Section 
7-11-10. (A) Nominations for 
candidates for the county, 
multicounty, legislative, state, and federal offices, other than president and vice president, to be voted on 
in a general or special election may must be by political partythrough the conduct of a nonpartisan, open primary, by political party convention, or by petition; in which only the top two vote earners for each office, 
regardless of political party affiliation, are nominated to appear on the 
general election ballot.

 (B) however, 
aA person who was defeated as a candidate 
for nomination to an office in a party primary or party convention must not have his name placed on