Reps. W. NEWTON, JORDAN, and B. NEWTON propose the following amendment (LC-3556.HDB0002H):

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

SECTION X.A. Chapter 15, Title 5 of the S.C. Code is amended by adding:

 Section 5-15-45. (A) Notwithstanding Section 5-15-40, if the unexpired four-year term of a mayor or member of council began following a general election held:
  (1) in 2023, then the term expires on the date terms begin for newly elected officers in the municipality following the general election to be held on April 6, 2027, or November 2, 2027, as applicable;
  (2) in 2024 or 2025, then the term expires on the date terms begin for newly elected officers in the municipality following the general election to be held on April 3, 2029, or November 6, 2029, as applicable; or
  (3) in 2026, then the term expires on the date terms begin for newly elected officers in the municipality following the general election to be held on April 8, 2031, or November 4, 2031, as applicable.
 (B) Notwithstanding Section 5-15-40, if the unexpired two-year term of a mayor or member of council began following a general election held:
  (1) in 2025, then the term expires on the date terms begin for newly elected officers in the municipality following the general election to be held on April 6, 2027, or November 2, 2027, as applicable; or
  (2) in 2026, then the term expires on the date terms begin for newly elected officers in the municipality following the general election to be held on April 3, 2029, or November 6, 2029, as applicable.
 (C) The provisions of this section do not apply to a municipality whose general elections are held on the first Tuesday after the first Monday in April in even-numbered years or the first Tuesday after the first Monday in November in even-numbered years, as provided in Section 5-15-50(E).

B. This SECTION takes effect on January 1, 2027.

SECTION X.A. Section 5-15-50 of the S.C. Code is amended to read:

 Section 5-15-50. (A) Each municipal governing body may by ordinance establish municipal ward lines and the time for general and special elections within the municipality. Public notice of the elections shall be given at least sixty days prior to such elections.
 (B) The time for general elections within a municipality must be established in odd-numbered years as follows:
  (1) on the first Tuesday after the first Monday in April; or
  (2) on the first Tuesday after the first Monday in November.
 (C) If the first Tuesday after the first Monday in November of odd-numbered years is the time for general elections within a municipality on or after the effective date of this subsection, then the municipal governing body must not establish a different time for its general elections.
 (D) If within ninety days of the effective date of this subsection a municipal governing body fails to establish by ordinance a time for its general elections as provided in subsection (B), then the time for the general elections within that municipality is the first Tuesday after the first Monday in November in odd-numbered years unless subsection (E) applies.
 (E) Notwithstanding another provision of this section, if the most recent general elections within a municipality preceding the effective date of this subsection were held on the first Tuesday after the first Monday in April in even-numbered years, or on the first Tuesday after the first Monday in November in even-numbered years, then the municipality may retain the first Tuesday after the first Monday in April in even-numbered years, or the first Tuesday after the first Monday in November in even-numbered years, as applicable, for the date for its general elections.

B. This SECTION takes effect on January 1, 2027.

SECTION X.A. Section 5-15-60 of the S.C. Code is amended to read:

 Section 5-15-60. (A) Each municipality in this State shall adopt by ordinance one of the following alternative methods of nominating candidates for and determining the results of its nonpartisan elections:
 (1) The nonpartisan plurality method prescribed in �Section 5-15-61;
 (2) The nonpartisan election and runoff election method prescribed in �Section 5-15-62;
 (3) The nonpartisan primary election and general election method prescribed in �Section 5-15-63.
 (B)(1) If nonpartisan elections are not provided for, nomination of candidates for municipal offices may be by party primary, party convention or by petition only in municipalities with populations under thirty-nine thousand according to the most recent official United States census.
  (2) Municipal party primaries, party conventions, and petition nominations must be conducted in accordance with the provisions of this chapter, the applicable provisions of the state election laws, and the rules of municipal political party organizations not in conflict therewith.

B. A municipality with a population over thirty-nine thousand according to the most recent official United States census that provides for the partisan nomination of candidates for municipal offices on the effective date of this SECTION must, by April 1, 2027, adopt by ordinance a method of nominating candidates prescribed in Sections 5-15-61, 5-15-62, or 5-15-63. If the municipality does not adopt a new method by that date, then the method prescribed in Section 5-15-61 is in effect until revised by ordinance.

C. This SECTION takes effect on January 1, 2027.

SECTION X. Section 5-15-100 of the S.C. Code is amended to read:

 Section 5-15-100. The municipal election commission shall be vested with the functions, powers and duties of Municipal Supervisors of Registration if no such supervisors have been appointed pursuant to � 7-5-640, and shall also have the functions, powers and duties of commissioners of election, as set forth in � 7-5-10 and other provisions of Title 7. The municipal election commission shall insureensure proper books of registration are provided for each ward or precinct, shall prepare and distribute ballots and election materials, appoint managers of election for each polling place, and otherwise supervise and conduct all municipal, special and general elections. The managers shall certify the results of the election to the commission within one day and theThe commission shall declare certify the results not later than three days following the election.
 Nominees in a party primary or party convention and nominees by petition shall be certified to the municipal election commission within the time specified herein and when so certified, the commission shall place the names of such nominees upon the ballots.

SECTION X. Section 5-15-130 of the S.C. Code is amended to read:

 Section 5-15-130. (A) Within forty-eight hours after the closing of the polls, anyA candidate may contest the result of the election as reported by the managers by filing a written notice of such contest, together with a concise statement of the grounds therefor, with the Municipal Election Commission not later than noon on the Monday following the certification of the results. If the deadline falls on a legal holiday, then the time for filing extends to noon on the next day that is not a legal holiday. Within forty-eight hours after the filing of such notice, theThe Municipal Election Commission shall, after due notice to the parties concerned, conduct a hearing on the contest, not later than the Saturday following the deadline for filing the contest. The commission must decide the issues raised, file its report together with all recorded testimony and exhibits with the clerk of court of the county in which the municipality is situated, notify the parties concerned of the decisions made, and when the decision invalidates the election the council shall order a new election as to the parties concerned.
 (B) Neither the mayor nor any member of council shall be eligible to pass on the issues arising in any contest in which he is a party.

SECTION X. Section 5-15-140 of the S.C. Code is amended to read:

 Section 5-15-140. Within ten days after notice of the decision of the municipal election commission, any party aggrieved thereby may appeal from such decision to the court of common pleas. Notice of appeal shall be served on the opposing parties or their attorneys and filed in the office of the clerk of court within ten days. The notice of appeal shall act as a stay of further proceedings pending the appeal.

SECTION X.A. Chapter 15, Title 5 of the S.C. Code is amended by adding:

 Section 5-15-175. (A) Notwithstanding another provision of this chapter, a municipal election commission may only be established for municipalities with a population of ten thousand or more, according to the most recent official United States census.
 (B) Elections for municipalities with a population of less than ten thousand, according to the most recent official United States census, must be conducted and certified by the county boards of voter registration and elections.
  (1) If a municipality is located within only one county, its municipal elections must be conducted and certified by the county board of voter registration and elections of the county in which the municipality is located.
  (2) If a municipality is located within more than one county:
   (a) its municipal elections must be conducted jointly by each county board of voter registration and elections containing a portion of registered electors in the municipality; and
   (b) its municipal elections must be certified by the county board of voter registration and elections of the county in which its main office is located.
 (C) A municipality whose elections are conducted and certified pursuant to this section must reimburse a county board of voter registration and elections for the reasonable costs incurred in conducting and certifying its elections in accordance with a reimbursement schedule provided by the State Election Commission.

B. On the effective date of this SECTION, municipal election commissions for municipalities under ten thousand, according to the most recent official United States census, are abolished. Their duties, responsibilities, and functions are devolved upon the county boards of voter registration and elections.

C. This SECTION takes effect on January 1, 2027.

Amend the bill further, by striking SECTION 7 and inserting:

SECTION 7. Except as otherwise provided in this act, Thisthis act takes effect upon approval by the Governor.

Renumber sections to conform.

Amend title to conform.