H 3084 Session 111 (1995-1996)
H 3084 General Bill, By J.L.M. Cromer, Allison, Bailey, W.D. Keyserling, Stille,
J.W. Tucker and Young-Brickell
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.
12/14/94 House Prefiled
12/14/94 House Referred to Committee on Judiciary
01/10/95 House Introduced and read first time HJ-32
01/10/95 House Referred to Committee on Judiciary HJ-32
04/04/95 House Tabled in committee Judiciary
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. Chapter 9, Title 4 of 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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