H 3418 Session 112 (1997-1998)
H 3418 General Bill, By J.H. Hodges and Boan
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 SHERIFF MAY BE
ELECTED IN A NONPARTISAN ELECTION.
02/11/97 House Introduced and read first time HJ-4
02/11/97 House Referred to Committee on Judiciary HJ-4
03/18/97 House Tabled in committee Judiciary
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 SHERIFF MAY
BE ELECTED IN A NONPARTISAN ELECTION.
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 Election for Sheriff
Section 4-9-1410. (A) The provisions of this article only apply to
the election of the sheriff.
(B) A county may choose to elect its sheriff 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 two 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. A petition must be certified as valid or rejected by the
county board of registration within sixty days after it has 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 a sheriff 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 two 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.
(D) If nonpartisan elections are not provided for, nomination of
candidates for sheriff 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, the candidate who receives the highest number
of votes 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 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.
(B) If no candidate for sheriff receives a majority of the votes cast
in the first election, a runoff 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.
Section 4-9-1440. 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. 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 county.
Section 4-9-1450. If a nonpartisan county sheriff 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."
SECTION 2. This act takes effect upon approval by the Governor.
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