Terms Used In South Carolina Code > Title 8 > Chapter 13 > Article 13 - Campaign Practices

• Administrative Law Court: means the Administrative Law Court created pursuant to § 1-23-500. See South Carolina Code 9-21-20
• Administrator: means the director of the retirement systems. See South Carolina Code 9-18-10
• Alternate payee: means a spouse or former spouse of a member or retired member who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable by a retirement system with respect to such member or retired member. See South Carolina Code 9-18-10
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriate supervisory office: means :
  
  (a) the State Ethics Commission for all candidates for public office in this State except for members or staff, including staff elected to serve as officers of or candidates for the office of State Senator or State Representative;
  
  (b) the Senate Ethics Committee for members or staff, including staff elected to serve as officers, of or candidates for the office of State Senator, and the House of Representatives Ethics Committee for members or staff, including staff elected to serve as officers, of or candidates for the office of State Representative;
  
  (c) the State Ethics Commission for all committees, except legislative caucus committees, supporting or opposing a ballot measure or supporting or opposing a candidate;
  
  (d) the Senate Ethics Committee for all legislative caucus committees and legislative special interest caucuses affiliated with the Senate, the House of Representatives Ethics Committee for all legislative caucus committees and legislative special interest caucuses affiliated with the House of Representatives, and both ethics committees for all legislative caucus committees and legislative special interest caucuses affiliated with both houses. See South Carolina Code 8-13-1300
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Ballot measure: means a referendum, proposition, or measure submitted to voters for their approval. See South Carolina Code 8-13-1300
• Ballot measure committee: means :
  
  (a) an association, club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives contributions or makes expenditures in excess of two thousand five hundred dollars in the aggregate during an election cycle;
  
  (b) a person, other than an individual, who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to or at the request of a ballot measure committee; or
  
  (c) a person, other than an individual, who, to influence the outcome of a ballot measure, makes independent expenditures aggregating two thousand five hundred dollars or more during an election cycle. See South Carolina Code 8-13-1300
• beneficiary: means a person designated by a participant in the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, or the State Optional Retirement Program, to receive a benefit from the retirement systems or a person claiming the status and entitlements of a "member's designated beneficiary". See South Carolina Code 9-21-20
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the Board of Directors of the South Carolina Public Employee Benefit Authority. See South Carolina Code 9-18-10
• Board: means the Board of Directors of the South Carolina Public Employee Benefit Authority. See South Carolina Code 9-21-20
• Business: means a corporation, partnership, proprietorship, firm, an enterprise, a franchise, an association, organization, or a self-employed individual. See South Carolina Code 8-13-1300
• Candidate: means : (a) a person who seeks appointment, nomination for election, or election to a statewide or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election; (b) a person who is exploring whether or not to seek election at the state or local level; or (c) a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. See South Carolina Code 8-13-1300
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Chambers: A judge's office.
• Claimant: means a member or a member's designated beneficiary who has filed a claim pursuant to this chapter. See South Carolina Code 9-21-20
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Committee: includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election. See South Carolina Code 8-13-1300
• communication: means (i) any paid advertisement or purchased program time broadcast over television or radio; (ii) any paid message conveyed through telephone banks, direct mail, or electronic mail; or (iii) any paid advertisement that costs more than five thousand dollars that is conveyed through a communication medium other than those set forth in subsections (i) or (ii) of this paragraph. See South Carolina Code 8-13-1300
• Contract: A legal written agreement that becomes binding when signed.
• Contribution: means a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a candidate or committee to influence an election; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge, whether any of the above are made or offered directly or indirectly. See South Carolina Code 8-13-1300
• Coordinated with: means discussion or negotiation between a candidate or a candidate's agent and:
  
  (a) a person;
  
  (b) an agent of a person;
  
  (c) any other agent of a candidate; or
  
  (d) any combination of these concerning, but not limited to, a political communication's:
  
  (1) contents, including the specific wording of print, broadcast, or telephone communications; appearance of print or broadcast communications; the message or theme of print or broadcast communications;
  
  (2) timing, including the proximity to general or primary elections, proximity to other political communications, and proximity to other campaign events;
  
  (3) location, including the proximity to other political communications, or geographical targeting, or both;
  
  (4) mode, including the medium (phone, broadcast, print, etc. See South Carolina Code 8-13-1300
• Corporation: means an entity organized in the corporate form under federal law or the laws of any state. See South Carolina Code 8-13-1300
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Death benefit: means any benefit payable upon the death of a member under Sections 9-1-1650, 9-1-1660, 9-8-110(1), (3), or (4), 9-9-100(1), (2), or (3), 9-11-110, or 9-11-130. See South Carolina Code 9-18-10
• Dependent: A person dependent for support upon another.
• Director: means the Director of the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, and the National Guard Retirement System. See South Carolina Code 9-21-20
• Disability benefit: means any benefit payable to a member or retired member on account of his disability under Sections 9-1-1540, 9-8-60, 9-9-65, or 9-11-80. See South Carolina Code 9-18-10
• Domestic relations order: means any judgement, decree, or order, including approval of a property settlement agreement, which relates to the provision of alimony payments or marital property rights to a spouse or former spouse of a member or retired member, and is made pursuant to a domestic relations law, including a law of this State or of another state. See South Carolina Code 9-18-10
• Election: means :
  
  (a) a general, special, primary, or runoff election;
  
  (b) a convention or caucus of a political party held to nominate a candidate; or
  
  (c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State. See South Carolina Code 8-13-1300
• Election cycle: means the period of a term of office beginning on the day after the general election for the office, up to and including the following general election for the same office, including a primary, special primary, or special election; however, the contribution limits under §§ 8-13-1314 and 8-13-1316 apply only to elections occurring on or after January 1, 1992, and are for each primary, runoff, or special election in which a candidate has opposition and for each general election. See South Carolina Code 8-13-1300
• Elective office: includes the office of probate judge. See South Carolina Code 8-13-1300
• Eligible employee: means :
  
  (a) a person hired on or after July 1, 2001, by an employer as defined in § 9-20-10(1)(a) to fill a permanent full-time position;
  
  (b) a person hired on or after July 1, 2002, by an employer as defined in § 9-20-10(1)(b), (c), or (d) to fill a permanent full-time position;
  
  (c) a person hired on or after July 1, 2003, by an employer as defined in § 9-20-10(1) to fill a temporary position or a part-time permanent position;
  
  (d) a person employed by an employer as defined in § 9-20-10(1) who, as of June 30, 2001, was a participant of the Optional Retirement Program for Teachers and School Administrators or who, as of June 30, 2002, was a participant of the Optional Retirement Program for Publicly Supported Four-Year and Postgraduate Institutions of Higher Education; or
  
  (e) an employee, hired on or after January 1, 2003, by the State or any of its departments, agencies, bureaus, commissions, or institutions who is not covered by the State Employee Grievance Procedure but who is eligible to participate in either the South Carolina Retirement System or the Police Officers Retirement System. See South Carolina Code 9-20-10
• Employer: means :
  
  (a) a school district that receives funding from the State from the annual appropriation to the Department of Education for Aid to School Districts-Employer Contributions in the annual general appropriations act;
  
  (b) a four-year and postgraduate institution of higher education supported and under the control of the State;
  
  (c) a technical college supported and under the control of the State;
  
  (d) the State or any of its departments, agencies, bureaus, commissions, and institutions, provided that such entity does not meet the definition of item (1)(a), (b), or (c) of this section. See South Carolina Code 9-20-10
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Expenditure: means a purchase, payment, loan, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit, transfer of funds, gift of money, or anything of value for any purpose. See South Carolina Code 8-13-1300
• Expenditures incurred: means an amount owed to a creditor for purchase of delivered goods or completed services. See South Carolina Code 8-13-1300
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Family member: means an individual who is:
  
  (a) the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild; or
  
  (b) a member of the individual's immediate family. See South Carolina Code 8-13-1300
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gift: means anything of value, including entertainment, food, beverage, travel, and lodging given for pay to a public official or public employee to the extent that consideration of equal or greater value is not received. See South Carolina Code 8-13-1300
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Immediate family: means :
  
  (a) a child residing in a candidate's, public official's, public member's, or public employee's household;
  
  (b) a spouse of a candidate, public official, public member, or public employee; or
  
  (c) an individual claimed by the candidate, public official, public member, or public employee or the candidate's, public official's, public member's, or public employee's spouse as a dependent for income tax purposes. See South Carolina Code 8-13-1300
• In-kind contribution or expenditure: means goods or services which are provided to or by a person at no charge or for less than their fair market value. See South Carolina Code 8-13-1300
• Independent expenditure: means :
  
  (a) an expenditure made directly or indirectly by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and
  
  (b) when taken as a whole and in context, the expenditure made by a person to influence the outcome of an elective office or ballot measure but which is not:
  
  (i) made to;
  
  (ii) controlled by;
  
  (iii) coordinated with;
  
  (iv) requested by; or
  
  (v) made upon consultation with a candidate or an agent of a candidate; or a committee or agent of a committee; or a ballot measure committee or an agent of a ballot measure committee. See South Carolina Code 8-13-1300
• Individual: means one human being. See South Carolina Code 8-13-1300
• Influence the outcome of an elective office: means :
  
  (a) expressly advocating the election or defeat of a clearly identified candidate using words including or substantially similar to "vote for" "elect" "cast your ballot for" "Smith for Governor" "vote against" " defeat" or "reject";
  
  (b) communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identified candidate including or substantially similar to slogans or words such as "Smith's the One" "Jones 2000" "Smith/Jones" "Jones!" or "Smith-A man for the People!"; or
  
  (c) any communication made, not more than forty-five days before an election, which promotes or supports a candidate or attacks or opposes a candidate, regardless of whether the communication expressly advocates a vote for or against a candidate. See South Carolina Code 8-13-1300
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative caucus committee: means :
  
  (a) a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender; however, each house may establish only one committee for each political, racial, ethnic, or gender-based affinity;
  
  (b) a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender;
  
  (c) "legislative caucus committee" does not include a "legislative special interest caucus" as defined in § 2-17-10(21). See South Carolina Code 8-13-1300
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan: means a transfer of money, property, guarantee, or anything of value in exchange for an obligation, conditional or not, to repay in whole or in part. See South Carolina Code 8-13-1300
• Member: means any person included in the membership of the retirement system. See South Carolina Code 9-18-10
• Member: means a participant in the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, the State Optional Retirement Program, the National Guard Retirement System, or a person claiming the status and entitlements of a "member". See South Carolina Code 9-21-20
• Noncandidate committee: means a committee that is not a campaign committee for a candidate but is organized to influence an election or to support or oppose a candidate or public official, which receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. See South Carolina Code 8-13-1300
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Open enrollment period: means the period from January first to March first of each year. See South Carolina Code 9-20-10
• Operation expenses: means expenditures for salaries and/or fringe benefits for part-time, full-time, temporary and/or contract employees; meeting expenses, travel, utilities, communications and/or communications equipment whether leased or purchased, printing or printing services, postage, food and/or beverage, advertising, consulting services, and/or any other expenditures which are not an authorized contribution to a candidate, committee, or ballot measure committee. See South Carolina Code 8-13-1300
• Optional form death benefit: means any periodic benefit payable upon the death of a member or retired member on account of the member's selection of an optional form of allowance under Sections 9-1-1620, 9-8-70, 9-9-70, or 9-11-150. See South Carolina Code 9-18-10
• Participant: means an eligible employee who participates in the optional retirement program provided by this chapter. See South Carolina Code 9-20-10
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party committee: means a committee established by a political party. See South Carolina Code 8-13-1300
• Person: means an individual, a proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business trust, an estate, a company, committee, an association, a corporation, club, labor organization, or any other organization or group of persons acting in concert. See South Carolina Code 8-13-1300
• Political party: means an association, a committee, or an organization which nominates a candidate whose name appears on the election ballot as the candidate of that association, committee, or organization. See South Carolina Code 8-13-1300
• Probate: Proving a will
• Public employee: means a person employed by the State, a county, a municipality, or a political subdivision thereof. See South Carolina Code 8-13-1300
• Public official: means an elected or appointed official of the State, a county, a municipality or a political subdivision thereof, including candidates for the office. See South Carolina Code 8-13-1300
• Qualified domestic relations order: means a domestic relations order which creates or recognizes the existence of an alternate payee's right, or assigns to an alternate payee the right, to receive all or a portion of a benefit payable with respect to a member or retired member under a retirement system, which directs that retirement system to disburse benefits to the alternate payee, and which meets the requirements of this chapter. See South Carolina Code 9-18-10
• Retirement benefit: means any benefit payable to a retired member and which is based on the member's age, service, pay, or accumulated contributions. See South Carolina Code 9-18-10
• retirement systems: means the division of the board administering the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, the State Optional Retirement Program, or the National Guard Retirement System. See South Carolina Code 9-21-20
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Statewide office: means an elective office other than a federal office eligible to be voted upon by all electors of the State. See South Carolina Code 8-13-1300
• system: means the South Carolina Retirement System, Retirement System for Judges and Solicitors of the State of South Carolina, Retirement System for Members of the General Assembly of the State of South Carolina, or South Carolina Police Officers Retirement System. See South Carolina Code 9-18-10
• Transfer: means the movement or exchange of funds or anything of value between committees and candidates except the disposition of surplus funds or material assets by a candidate to a party committee, as provided in this article. See South Carolina Code 8-13-1300
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.