South Carolina Code 8-13-1371. Use of contributions for unintended purposes by ballot measure committee; written authorization; distribution of seized funds
(B) The State Ethics Commission has jurisdiction to seize all funds in a ballot measure committee’s account and distribute them in accordance with subsection (D) of this section when the ballot measure committee violates any provision of this section.
Terms Used In South Carolina Code 8-13-1371
- 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 - 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
- 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
- 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 - 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.
- 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
(C) Within sixty days after the election or referendum at which the ballot measure committee attempted to influence the outcome of the election or referendum, the funds remaining in the ballot measure committee’s account after the election or referendum must be distributed in accordance with subsection (D) of this section.
(D) The seized funds must be:
(1) contributed to the state’s general fund;
(2) contributed to an organization exempt from tax pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986;
(3) returned pro rata to all contributors; or
(4) distributed using a combination of these options.