South Carolina would set rules for replacing certain party nominees

State and county party committees may nominate a replacement when a nominee selected outside a party primary dies, becomes disqualified, or resigns for an approved nonpolitical reason and too little time remains for another nomination process. The rule covers nominees selected by methods other than a party primary, including candidates for state, county, and other covered offices. A resignation must have a legitimate nonpolitical reason, such as health problems, a family crisis, or a substantial business conflict. The text also lists an incumbent U.S. House member seeking the party nomination for the U.S. Senate as a legitimate nonpolitical reason. A candidate using another reason must prove it and file a sworn affidavit. Except for death or disqualification, the appropriate election commission must approve the affidavit before a replacement is allowed. The replacement rule applies when too little time remains for a convention or another nomination before the special election; the act would take effect upon the Governor's approval.

A special primary election must be used to fill a vacancy involving a party-primary nominee who dies, becomes disqualified, or resigns for an approved nonpolitical reason. The rule covers party nominees selected through a primary election, including an unopposed nominee for whom registered political parties may nominate candidates through the special primary. The filing period opens on the second Tuesday after the death, disqualification, or approval of the resignation and lasts one week. The special primary must occur on the second Tuesday after the filing period closes. A runoff, if needed, must occur two weeks after the first primary. If the nomination is certified at least two weeks before the general election, the office is filled at that general election; otherwise, it is filled in a special election. The special primary schedule begins after the death, disqualification, or approved resignation, and the act would take effect upon the Governor's approval.