S 30 Session 110 (1993-1994)
S 0030 General Bill, By Jackson
Similar(H 3107, H 3109)
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 may be elected in nonpartisan elections.
01/12/93 Senate Introduced and read first time SJ-34
01/12/93 Senate Referred to Committee on Judiciary SJ-34
02/10/93 Senate Committee report: Favorable with amendment
Judiciary SJ-8
COMMITTEE REPORT
February 10, 1993
S. 30
Introduced by SENATOR Jackson
S. Printed 2/10/93--S.
Read the first time January 12, 1993.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (S. 30), to amend the Code of Laws
of South Carolina, 1976, by adding Article 15, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting
words and inserting therein the following:
/SECTION 1. The 1976 Code is amended by adding:
"Article 15
Nonpartisan County Elections
Section 4-9-1410. (A) The provisions of this article apply to the
election of any county officer, and where applicable, to the election of
members of the governing body of a county. For purposes of this
article, `county officer' means a coroner, sheriff, clerk of court, or
probate judge, and in counties where such officers are elected, a
treasurer, auditor, or register of mesne conveyances.
(B) The nonpartisan method of electing members of a county
governing body may be utilized if (1) the governing body adopts the
method by ordinance; (2) the governing body holds a referendum and
a majority of the electors approves the method; or (3) at least fifteen
percent of the qualified electors of the county propose the use of the
method pursuant to Article 13, Chapter 9 of Title 4 of the 1976 Code.
A referendum held under the provisions of this section must be
conducted in accordance with the provisions of Article 13, Chapter 9
of Title 4.
(C) The method of nominating candidates for and determining the
results of nonpartisan elections is the nonpartisan election and runoff
election method prescribed in Section 4-9-1420.
(D) If nonpartisan elections are not provided for members of the
governing body of a county, 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. (A) Except as otherwise provided in this
section, results in nonpartisan county elections 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 4-9-1430. 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 a
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 geographical area of the office for
which the person offers as a candidate.
Section 4-9-1440. 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 4-9-1450. (A) A county which adopts or approves the
nonpartisan method of electing its governing body must elect its
governing body as provided in this article. All county officers must
be elected as provided in this article.
(B) All county officers and members of the governing body of a
county which has by ordinance adopted or by referendum approved
the nonpartisan election method must be elected at the time of the
general election for terms of four years and until their successors are
elected and qualify. Except, that of those members first elected, in
order to stagger their terms, a majority by one must be elected for
terms of four years and the remaining members must be elected for
terms of two years. The length of the initial terms of members must
be determined by lot.
(C) The initial terms of county officers and members of a governing
body elected under the provisions of this article begin as provided by
law. The terms of officers' and members' predecessors are terminated
at the time the officers and members of the governing body are elected
under the provisions of this article.
(D) The ordinance adopting or referendum approving the
nonpartisan election method is effective at the next general election if
it is adopted or approved at least one hundred twenty days prior to the
general election."
SECTION 2. This act takes effect upon approval by the
Governor./
Amend title to conform.
DONALD H. HOLLAND, for Committee.
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 MAY BE ELECTED IN NONPARTISAN
ELECTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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.
(B) The governing body of each county in this State may adopt
by ordinance the method of nominating candidates for and determining
the results of its nonpartisan elections as provided in Section 4-9-1420
of this section.
(C) The method of nominating candidates for and determining
the results of its nonpartisan elections is the nonpartisan election and
runoff election method prescribed in Section 4-9-1420.
(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. (A) Except as otherwise provided in this section,
results in nonpartisan county elections 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 4-9-1430. 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 geographical area of the office
for which he offers as a candidate.
Section 4-9-1440. 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 4-9-1450. (A) Members of the governing body of a
county which, by ordinance, adopt the nonpartisan method of electing
its governing body must elect its governing body as provided in this
article.
(B) All members of the governing body of a county which adopt
the ordinance required in subsection (A) must be elected at the time
of the general election for terms of four years and until their
successors are elected and qualify. Except, that of those first elected,
in order to stagger their terms, a majority by one must be elected for
terms of four years and the remaining members must be elected for
terms of two years. The length of the initial terms of members must
be determined by lot.
(C) The initial terms of members elected under the provisions of
this article begin as provided by law for members of the governing
body of a county. The terms of members of predecessors are
terminated at the time members of the governing body are elected
under the provisions of this article.
(D) The ordinance adopting the nonpartisan election method is
effective at the next general election if it is adopted at least one
hundred twenty days prior to the general election."
SECTION 2. This act takes effect upon approval by the Governor.
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