H 3946 Session 110 (1993-1994)
H 3946 General Bill, By J.L.M. Cromer, J.W. Tucker and C.Y. Waites
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 17
to Chapter 9, Title 4 so as to provide a procedure by which the county
auditor, treasurer, and clerk of court may be elected in nonpartisan
elections.
04/13/93 House Introduced and read first time HJ-19
04/13/93 House Referred to Committee on Judiciary HJ-19
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING ARTICLE 17 TO CHAPTER 9, TITLE 4 SO AS TO
PROVIDE A PROCEDURE BY WHICH THE COUNTY AUDITOR,
TREASURER, AND CLERK OF COURT 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 17
Nonpartisan Elections For
County Auditor, Treasurer, and Clerk of Court
Section 4-9-1610. (A) The provisions of this article only apply to
the election of the following county offices:
(1) auditor;
(2) treasurer;
(3) clerk of court.
(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 4-9-1620.
(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 4-9-1620.
(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 4-9-1620. (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 4-9-1630. 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 4-9-1640. 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 4-9-1650. (A) Members of the governing body of a
county which, by ordinance, adopt the nonpartisan method of electing
the county officers enumerated in Section 4-9-1610, must elect those
officers as provided in this article.
(B) The county officers enumerated in Section 4-9-1610 in a county
in which the governing body has adopted by 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.
(C) The initial terms of members elected under the provisions of this
article begin as provided by law for the county officers enumerated in
Section 4-9-1610. The terms of members of predecessors are terminated
at the time these officers 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 before the general election."
SECTION 2. This act takes effect upon approval by the Governor.
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