Bill 1220

                    Current Status

Introducing Body:               Senate
Bill Number:                    1220
Primary Sponsor:                Stilwell
Committee Number:               11
Type of Legislation:            GB
Subject:                        Sheriffs, election of
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       JIC/5914.HC
Introduced Date:                Jan 23, 1992
Last History Body:              Senate
Last History Date:              Jan 23, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Stilwell
                                Williams
                                Nell
                                W. Smith
                                Bryan
                                McConnell
                                Robert
                                W. Hayes
                                Jr.
                                Hinds
                                Macaulay
                                J. Verne
                                Smith
                                Matthews
                                Pope
                                Rose
                                Moore
                                Washington
                                Helmly
                                Drummond
                                Mitchell
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1220  Senate  Jan 23, 1992  Introduced, read first time,    11
                             referred to Committee

A BILL

TO AMEND SECTION 23-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF THE ELECTION OF SHERIFFS, SO AS TO PROVIDE THAT SHERIFFS MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE TIME OF THE GENERAL ELECTION; TO REQUIRE A SPECIAL ELECTION TO FILL A VACANCY FOR SHERIFF TO BE A NONPARTISAN ELECTION; TO PROVIDE FOR NOMINATION BY PETITIONS AND THE METHOD OF DECLARING THE RESULT; TO PROHIBIT CERTAIN POLITICAL ACTIVITY BY CANDIDATES FOR SHERIFF; AND TO PROVIDE A PENALTY FOR VIOLATIONS.

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

SECTION 1. Section 23-11-10 of the 1976 Code is amended to read:

"Section 23-11-10. (A) There shall be an election for sheriff held in each county at the general election in each presidential election year. County sheriffs must be elected in nonpartisan elections held at the time of the general election. When a vacancy in the office of sheriff must be filled in a special election, this special election must be a nonpartisan election as provided in this section. Nomination for the office of sheriff is by petition as provided in Section 7-11-70. The results of elections for sheriff must be determined by the nonpartisan election and runoff election method prescribed in Section 5-15-62, mutatis mutandis.

(B) A candidate for election or re-election as sheriff may not:

(1) campaign as a member of a political party;

(2) publicly represent or advertise himself as a member of a political party;

(3) accept contributions from a political party;

(4) solicit contributions from a political party;

(5) accept or retain a place on a political party committee;

(6) make a contribution to a person, group, or organization for its endorsement;

(7) agree to pay all or a part of an advertisement sponsored by a person, group, or organization in which the candidate may be endorsed by the person, group, or organization.

(C) A person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 8-13-1520."

SECTION 2. This act takes effect upon approval by the Governor and applies with respect to elections and special elections for sheriff scheduled after 1992.