H 4533 Session 111 (1995-1996)
H 4533 General Bill, By Stille, M.F. Jaskwhich, W.D. Keyserling, Littlejohn,
J.G. McAbee and Wilder
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 15
to Chapter 9, Title 4 so as to provide a procedure by which the governing body
of a county and other elected county offices may be elected in nonpartisan
elections.
02/01/96 House Introduced and read first time HJ-9
02/01/96 House Referred to Committee on Judiciary HJ-9
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO
AS TO PROVIDE A PROCEDURE BY WHICH THE
GOVERNING BODY OF A COUNTY AND OTHER ELECTED
COUNTY OFFICES MAY BE ELECTED IN NONPARTISAN
ELECTIONS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 9, Title 4 of the 1976 Code is amended
by adding:
"Article 15
Nonpartisan County Elections
Section 4-9-1410. (A) The provisions of this article only apply
to the election of members of the governing body of a county and
the following county offices:
(1) auditor;
(2) treasurer;
(3) clerk of court;
(4) probate judge;
(5) sheriff;
(6) coroner; and
(7) register of mesne conveyance.
(B) A county may choose to elect the members of its governing
body and the county officers enumerated in subsection (A) in a
nonpartisan election by one of the following methods:
(1) The governing body of each county in this State may
adopt by ordinance one of the alternative methods of nominating
candidates for and determining the results of its nonpartisan
elections as provided in subsection (C) of this section, or
(2) A referendum requesting that one of the three methods of
nominating a candidate in a nonpartisan election be implemented in
the county as provided in subsection (C) of this section may be
called by a petition of not less than ten percent of the registered
electors of the county. Petitions must be certified as valid or
rejected by the county board of registration within sixty days after
they have been delivered to the board and, if certified, must be filed
with the governing body which shall provide for a referendum not
more than ninety days after it has been received. Referendums
must be conducted by the county election commission and may be
held in a general election or in a special election as determined by
the governing body if the conditions of this section are met. No
change from the current method of electing council members
becomes effective unless the proposed method receives a favorable
vote of a majority of those persons voting in a referendum. After a
referendum has been held and whether or not a change in the form
results from it, no additional referendums may be held for a period
of four years.
(C) The three alternative methods of nominating candidates for
and determining the results of its nonpartisan elections are:
(1) the nonpartisan plurality method prescribed in Section
4-9-1420;
(2) the nonpartisan election and runoff election method
prescribed in Section 4-9-1430;
(3) the nonpartisan primary election and general election
method prescribed in Section 4-9-1440.
(D) If nonpartisan elections are not provided for, nomination of
candidates for county offices may be by party primary, party
convention, or by petition in accordance with the applicable
provisions of the state election laws and the rules of county political
party organizations not in conflict with this method.
Section 4-9-1420. In conducting nonpartisan elections and using
the plurality method, election results must be determined in
accordance with the following rules:
(1) When more than one person is seeking election to a single
office, the candidate who receives the highest number of votes must
be declared elected.
(2) When more persons are seeking election to two or more
offices (constituting a group) than there are offices to be filled,
those candidates receiving the highest number of votes, equal in
number to the number of offices to be filled, must be declared
elected.
Section 4-9-1430. (A) Except as otherwise provided in this
section, results in nonpartisan county elections in counties using the
election and runoff election method must be determined by a
majority of the votes cast. A majority within the meaning of this
section must be determined as follows:
(1) When more than one person is seeking election to a single
office, the majority must be ascertained by dividing the total votes
cast for all candidates by two. Any excess of the sum so
ascertained must be a majority and the candidate who obtains a
majority must be declared elected.
(2) When more persons are seeking election to two or more
offices (constituting a group) than there are offices to be filled, the
majority must be ascertained by dividing the total votes cast for all
candidates by the number of offices to be filled and by dividing the
result by two. Any excess of the sum so ascertained must be a
majority and the candidates who obtain a majority must be declared
elected. If more candidates obtain a majority than there are offices
to be filled, those having the highest vote (equal to the number of
offices to be filled) must be declared elected.
(B) If no candidate for a single office receives a majority of the
votes cast in the first election or if an insufficient number of
candidates receives a majority of the votes cast for a group of
offices, a runoff election must be held as provided in this
subsection:
(1) If no candidate for a single office receives a majority of
the votes cast in the first election, a second election must be
conducted two weeks later between the two candidates receiving the
highest number of votes in the first election who do not withdraw.
The candidate receiving a majority of the votes cast in the runoff
election must be declared elected.
(2) If candidates for two or more offices (constituting a
group) are to be selected and aspirants for some or all of the
positions within the group do not receive a majority of the votes
cast in the first election, a second election must be conducted two
weeks later between one more than the number of candidates
necessary to fill the vacant offices. The candidates receiving the
highest number of the votes cast in the second election, equal in
number to the number to be elected, must be declared elected.
Section 4-9-1440. (A) In counties whose elections are
nonpartisan and which use the nonpartisan primary election and
general election method, there must be a primary election to reduce
the field of candidates to two candidates for each position to be
filled, if when the filing period closes there are more than two
candidates for a single office or the number of candidates for a
group of offices exceeds twice the number of positions to be filled.
If only one or two candidates file for a single office, no primary
election may be held for that office and the candidates must be
declared nominated.
(B) In the primary election the two candidates for a single office
receiving the highest number of votes and those candidates for a
group of offices receiving the highest number of votes, equal to
twice the number of positions to be filled, must be declared
nominated.
(C) In the general election, the names of those candidates
declared nominated without a primary election and those candidates
nominated in the primary election must be placed on the ballot.
The candidate for a single office receiving the highest number of
votes must be elected. Those candidates for a group of offices
receiving the highest number of votes, equal in number to the
number of positions to be filled, must be declared elected.
Section 4-9-1450. The county governing body may determine
by ordinance that either filing a statement of candidacy or a petition
with the county election commission is required to place the name
of the candidate on the ballot in nonpartisan elections. If a petition
initiates the nonpartisan election method, the petition must state
wherein a statement of candidacy or a petition is required to place
the name of the candidate on the ballot. However, no candidate's
name may be placed on the ballot by petition in a general election
conducted in accordance with the provisions of Section 4-9-1440.
If the county council determines, or if the petition states that the
petition method be used, the percentage of electors required on
these petitions may not be less than five percent of the qualified
electors of the geographical area of the office for which he offers as
a candidate.
Section 4-9-1460. If any nonpartisan county election results in a
tie, the county election commission shall conduct a runoff election
to break the tie two weeks following that election. In the
tie-breaking runoff, the laws of this State apply, mutatis mutandis.
If the date for the tie-breaking runoff election falls on a legal
holiday, it must be set for the same day of the first week following
which is not a legal holiday. If a tie-breaking runoff election is
required, any remaining county elections required are postponed for
two weeks. If the date of a postponed election falls on a legal
holiday, it must be set for the same day of the first week following
which is not a legal holiday."
SECTION 2. This act takes effect upon approval by the
Governor.
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